Who is eligible for an Employment Pass application?

With a steady economic growth, Malaysia certainly offers good employment opportunities. Foreign talents who wish to work and live here are required to apply for work passes to do so. The general procedure is that the work pass application is to be made before entering the country, and after a job is secured here.

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

The Employment Pass (EP) is issued for an employment period between 1 year up to 5 years and is renewable, subject to approval of the Immigration Department. An employment pass holder is considered a tax resident in Malaysia under the statutory requirement.

The candidate eligible for this type of pass:

The one responsible to apply for this pass is the employing Company. They are responsible to do so on behalf of the foreign candidate they wish to hire.

1. Company is to apply for an “expatriate post” at one of the following government agencies:

2. Once approved, then the hiring Company is able to proceed with the Employment Pass application to the Immigration Department of Malaysia. These documents are required:

The candidate eligible for this type of pass:

1. Must work in one of the following sectors:

2. Must be from the following countries:

3. Must be at least 18 years old but below 45 years old during the application time

4. Is deemed fit and healthy to work by the approved medical centre

5. Employer has obtained foreign worker quota from the Ministry of Home Affairs

6. Have undergone Immigration Security Clearance (ISC) verification

Once all the eligibility is checked, then the employing Company may proceed to put in the application:

1. Must apply visa approval letter from Immigration Department of Malaysia

2. Must submit VDR application form (using the e-service in Immigration Department official website)

3. Letter of quota approval from Ministry of Home Affairs

4. 12 and IM.38 visa application form (can be found in the official website as well)

5. Receipt of payment for levy

6. Security bond – insurance guarantees/bank guarantee

7. Passport copy (preferably certified by notary republic)

8. Passport sized photo of applicant

9. Medical certificate issued by the approved health centre from applicant home country (valid for 3 months)

10. Foreign Worker Compensation Scheme (insurance)

11. An insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) (health insurance)

Once visa approval letter is approved, the foreign worker is able to apply the visa with reference (VDR) from Malaysia embassy (if needed). Then, they are to collect the Immigration Security Clearance (ISC) at their home country.

Lastly, the temporary employment pass will be then issued once the foreign worker has passed the Foreign Worker Medical Examination Monitoring Agency (FOMEMA) medical examination in Malaysia within 30 days of arrival.

The Professional Visit Pass (PVP) is issued to skilled foreign worker who intend to provide service to a company in Malaysia on behalf of a foreign company and is usually for short-term attachment or internships. As this pass is only issued on a temporary basis, the duration of stay is just one time, and must not exceed 12 months (1 year). All along, the foreign worker remains employed by the company in their home country.

This pass is extendable for another year long period, but this is only possible if the foreign worker has served a cooling period or break of 3 months outside of this country after the initial 12 months period has expired. Each time an extension is requested, a new application must be submitted.

There are several possible courses of event or activities that require one to hold the Professional Visit Pass such as:

To apply for this pass, there are few criteria to be met:

This pass is 10-year pass which is issued for highly qualified expats to continue residing and working in Malaysia. One of the major advantages of this pass is that it offers the expats the flexibility to change job/ employers during the validity of the pass. This pass is best suited for owner or investor type of founders. Below are the requirements to apply for this pass:

There is no specific timeframe given by the Ministry of Home Affairs when it comes to application of work visa for foreign workers. It may take around 6 months to 12 months, depending on the completeness of documents furnished by the employing Company.

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!