Requirements for Malaysia Work Visa Application
There are several terms and conditions highlighted by the Ministry of Home Affairs – Immigration Department of Malaysia for employers to abide with:
1. The foreign workers are only allowed to work within these sectors:
2. Employers must first obtain the quota to hire foreign workers from the Ministry of Home Affairs, One Stop Centre (OSC)
3. Foreign workers must be the age of at least 18 years old above but below 45 years old at the time of the application is made
4. May retrieve the certified PASS for Immigration Security Clearance (ISC) at source country based on this list: https://www.imi.gov.my/portal2017/images/pdf/2017/isc/ISC-19may2017.pdf
5. The foreign workers must be deemed fit and healthy as approved by the medical centre in the source country based on this list: https://www.imi.gov.my/portal2017/images/pdf/Senarai_Pusat_Kesihatan_as_at_1Mei2015.pdf
6. The foreign workers must not be one of those listed foreign individuals who are prohibited from entering Malaysia under Section 8 (3) of Immigration Act 1959/1963
Employment Pass vs Professional Visit Pass (PVP)
Employment Pass visas allows a foreign expat to take up employment with a Malaysian registered Company. This visa will be subjected to the length of the employment contract the employing Company has offered.
The foreigner must hold either managerial or technical positions to be eligible for this visa. Employers will lodge the Employment Pass application on behalf of the foreign expat. EP’s are valid for up to 60 months, and approval is issued by the Expatriate Committee (EC). Other approval agencies include the Ministry of Home Affairs. Holders of this visa can bring their family members with them under the Dependant Pass visa.
On the flipside, the PVP is a work pass visa which allows expats to take up professional work in Malaysia. The visa is valid for a maximum of 12 months. To qualify for this visa, the foreigner must be residing outside Malaysia at the time of application.
Eligible positions for this type of visa include professor, lecturer, speaker, researcher, consultant, technical advisor, maintenance installation and fixing expert (machines and equipment). PVP holders are not entitled to bring their family members with them or apply for the Dependant Pass visa.
Professional Visit Pass (PVP) Prerequisites
All PVP applications must be made outside Malaysia unless the foreigner is applying for an extension. All applications must be submitted by either an employer, sponsor, or school in Malaysia.
If applications are lodged by the school, it should be made at least one month before the learning or teaching commences. Applications must be sent to the Federal Government Administrative Centre (Pusat Pentadbiran Kerajaan Persekutuan). Certain categories of the PVP shall be subject to consideration, and these categories include:
Filming and performance by foreign artists
Practitioners/Other religious workers
International students who are undergoing religious courses with the Malaysia bible seminary
Government to government program or on government purpose
The validity of the PVP will be subjected to the requirements and conditions of Malaysia’s immigration rules and policies for a period which does not exceed 12 months. Any applications for a PVP which are made for the purpose of undergoing training at a factory or hotel is only applicable for a period not exceeding 6 months.
Employment Pass vs Temporary Employment Pass (TEP)
To be an eligible Employment Pass holder, a foreigner must be a degree (or above), diploma or technical certificate holder. They must also have the relevant work experience required for each qualification level.
The categories for Employment pass are as follows:
|EMPLOYMENT PASS CATEGORY
||SALARY & CONTRACT PERIOD
||Salary of RM10,000 & employment contract valid for 5 years
||Salary of at least RM5,000 and employment contract valud for 2 years
||Salary between RM3,000 – RM5,000 and employment contract not exceeding 12 months
A TEP will enable semi-skilled and unskilled foreign workers to work in Malaysia. Occupational roles include agriculture, manufacturing, mining, service sectors and construction. TEP’s are valid for up to 3-years.
However, they are subjected to yearly extensions. This would depend on the availability of the specified occupation. TEP’s can only be issued after quota approval has been given by the Local Centre of Approval. Family members are not eligible to apply for Dependant Pass visa.
Temporary Employment Pass (TEP) Prerequisites
All quota approval applications must be lodge with the Local Centre of Approval, Ministry of Foreign Affairs. Levies must also be paid to the same department. Employers must apply for the Visa with Reference (VDR) and the Visitor’s Pass (TEP). Foreign workers must be outside Malaysia at the time of application. They will only be allowed to enter Malaysia once the application has been approved.
Foreigners will be allowed to enter Malaysia via these permitted entry points:
Kuala Lumpur International Airport (KLIA). Foreign workers must have a Visa from Malaysian Representative Offices overseas.
Other entry points from Thailand and Indonesia. Foreigners from here must obtain a Visa from the Malaysian Representative Office in that country.
Foreigners will also be required to undergo medical examinations at FOMEMA registered clinics / health centres to obtain a clean bill of health. The Visitor’s Pass (Temporary Employment) sticker can be obtained from the State Immigration Office, or at the Malaysian Immigration Headquarters, Putrajaya.
Malaysia’s Immigration Requirements
Effective from June 2016, there are new work visa Malaysia requirements that all foreigners must be aware of. These changes must be considered when lodging your work permit application. The changes were introduced by the Immigration Department of Malaysia, and they include:
Employment Pass and PVP holders must show a copy of the approval letter upon arrival. You will not be able to enter the country while your work visa is still being reviewed.
Foreigners must exit Malaysia to renew their work visas. In-country renewals are no longer applicable.
For Employment Pass Category I and II holders, the minimum monthly salary of RM5,000 can no longer include allowances. Allowances are no longer included to meet the minimum salary requirement.