As Malaysia is fueling a need for skills and knowledge from around the world, it is no doubt that the country is a growing economy that draws foreigners from various countries to work and live here. From general workers to highly skilled professionals, one may find a suitable employment and reside here as the region has a great standard of living.
If you are deciding to move to here for a job, as with all countries, Malaysia has its own set of immigration laws and one of it is to have a valid work pass that allows foreign nationals to work in the country.
The Malaysian Immigration Department is the regulatory authority that issues work passes depending on the type job and skills needed.
Employment Pass Eligibility
The Employment Pass (EP) is issued for an employment period up to 3 years and is renewable up to 10 years, subject to approval of the Immigration Department. An employment pass holder is considered a tax resident in Malaysia under the statutory requirement. There are several requirements for a foreign individual in order to be eligible to hold the pass:
- Salary qualification
- Minimum of a bachelor’s degree and above
- Possess several years of working experience (in the same industry or position applied)
- Possess the right expertise or skillset that cannot be filled by a Malaysian candidate
The employment pass is divided into 3 categories:
- Category I (EPI) – for applicants who earn a fixed monthly salary of at least RM10,000 and a valid employment contract for a minimum of 5 years.
- Category II (EPII) – for applicants who earn a fixed monthly salary of at least RM5,000 up to RM9,999 and a valid employment contract of 2 years.
- Category III (EPIII) – for applicants who earn a fixed monthly salary of between RM3,000 to 4,999 and a valid employment contract period not exceeding 12 months.
Documents required for Employment Pass Application
Generally, the hiring company will submit the application for your pass and your employer will require a several documents to complete the application process. One (1) set of application form together with the following supporting documents:
- Letter of Authority from the hiring company or letter of appointment as a company’s representative
- A duly completed DP11 Form. DP11 form is the employment pass application form which is available in the Immigration Department of Malaysia’s official portal.
- Passport sized photograph
- Offer letter and acceptance letter from hiring company or employment contract.
- One complete copy of applicant’s official passport
Other documents (if relevant)
- Letter of approval from Malaysian Investment Development Authority (MIDA / Bank Negara Malaysia (BNM) / Securities Commission (SC) /Jabatan Perdana Menteri (JPM) / Lembaga Hasil Dalam Negeri (LHDN) where relevant. Approval from Election Commission (EC) and Malaysia Digital Economy Corporation (MDEC) is not required.
- A print-out of company’s profile from Companies Commission of Malaysia (SSM) or Form 9, Form 24 and Form 49 for approval by MUDA and EC (if EC imposes capital appreciation)
- Applicant’s complete resume, copies of educational certificates (Diploma/Degree) for non-key posts under the approval of MIDA. If the posts are approved by MIDA and its incumbent, then the above supporting documents are not required)
Required from Hiring Company:
- Copy of all company director’s MyKad or Passport copy
- A complete copy of company’s profile
- Tenancy Agreement or Sales & Purchase Agreement (S&P)
- e-SSM printout
- latest financial report
- copy of Local Authorities License / Lesen Pihak Berkuasa Tempatan (PBT) if applicable, such as Business Premises License
- any other business licenses or supporting documents
- exemption letter from minimum salary requirement of RM5,000 (applicable to companies that intend to apply for Employment Pass Category II only)
- other documents specified upon request
Submission of Employment Pass Application
Submission of the Employment Pass application should be completed by the employer of the Malaysian company on behalf of the expatriate.
The application can be submitted via the Expatriate Services Division (ESD) online system. As a part of the pass application process, a reference number will be issued so that applicants may track the progress of the application on the Immigration Department of Malaysia’s official portal.
There is no specific timeline stated by the authority, as each application is processed individually. The average timeline is around 3-4 weeks and for some cases, there might be delays. These delays can be caused by the employer for not submitting the application correctly to the immigration department, or not complying with the requirements.
Confirmation for a successful application may also take more than a month as the employer will need to revisit their paper works, or the approving authority may require more information and legally endorsed qualifications.
Don’t leave your Employment Pass application to chance
There is always a risk when an application does not go smoothly. In Paul Hype Page & Co, we deal with numerous Malaysia work visa applications on a daily basis and this degree of engagement provides us with deeper insights on the application process. As our liaisons work closely with the Malaysian government and the Immigration Department of Malaysia, we are in good position to discern the requirements and will ensure your visa application is completed with best chance of success and within the shortest time frame.