Malaysia Working Visa Guide

Malaysia is a great location for expats to live and work. For foreign investors that have the intention to expand their business in Malaysia will find it much easier to send their senior team from their home country to manage the newly Malaysian registered Company via work visa.

Malaysia has its own set of regulations and laws when it comes to the employment of foreign nationals. Hence, the Immigration Department of Malaysia has imposed that each employing Companies must apply the work visa in order to employ foreign expats. Once the foreign expat has attained his Malaysian work visa, only then the foreign expats are allowed to enter Malaysia and start working.

For foreign talents who wish to live and work in Malaysia, they are first required to attain a work visa. The Malaysian Expatriate Talent Service Centre (MYXpats Centre) is the department who are responsible to process and issue all Employment Pass (EP) related documents.

A Malaysian registered Company may only proceed with an Employment Pass application once it has registered and been approved by the Expatriate Services Division (ESD).

Malaysia has three types of working visas to choose from. The type of visa you select when you apply for Malaysia work visas would depend on your job and skills involved. The types of visas issued in Malaysia for working professionals are:

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 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.

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:

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.

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:

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.

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:

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.

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:

Thinking of setting up a company or would like to work in Malaysia? Reach out to us for a free consultation to see how we can support your journey!