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Info extract from Immigration Malaysia website www.imi.gov.

.my GUIDELINE, PROCESS AND PROCEDURE FOR APPLICATION OF EXPATRIATE Definition of Foreign Expatriate Foreigners who are qualified to fill in the following positions: Key Post These are high level (1st level) managerial posts in foreign-owned private companies and firms operating in Malaysia. Key posts are posts essential for companies to safeguard their interests and investments. The expatriates are responsible in determining the companys policies in achieving its goals and objectives. Example Executive Chairman, Chief Executive Officer, Managing Director, General Manager, Technical Director, Production Manager, Project Manager Or Factory Manager Executive Posts These are intermediate level (2nd level) managerial and professional posts. The posts require academic qualifications, practical experience, skills and expertise related to the respective jobs. The expatriates are responsible for implementing the companys policies and supervision of staff. Example Management Functions Such As Marketing Manager, Logistics Manager, Investment Manager And Quality Control Manager, Professional Such As Chief Engineer, Engineer Manager , Lecturer, Doctor, Architect etc. Non-Executive Posts These are posts for the performance of technical jobs that require specific technical or practical skills. Example Welder, Mould Maker, Tool & Die Maker, Manufacturing Systems Designer, Food/Nutrient Technologist, Fashion Designer, Specialist In Furniture Design & Ergonomics, Heat Setting Technician, Sewing Specialist, Craftsman/Engraving And Product/Flavoring Specialist PROCESS TO EMPLOY EXPATRIATE These are two stages in the employment of expatriates: Application for an expatriate post and an endorsement of employment pass. First stage Second stage of Malaysia ) application for approval (position) (There are 6 authorized Agencies) application for approval of related working permit ( Immigration Department

STAGE 1 There are 6 authorized bodies / agencies that are given authorization to approve the employment of Expatriates based on business activities of the company. The Agencies are: MIDA Malaysian Industrial Development Authority

MDeC Multimedia Development Corporation PSD CBM SC EC Public Service Department Central Bank Malaysia Securities Commission Expatriate Committee

AGENCIES MALAYSIAN INDUSTRIAL DEVELOPMENT AUTHORITY (MIDA) The Expatriate Officer post for private companies in the following sectors: Manufacturing (existing and new company that is involved in the development proposal) sector Manufacturing Related Services sector Regional Establishment Operation Headquarters, Representative establishment, International Acquisition Centre etc. Hotel and Tourism Industry Research and development Sector Multimedia Development Corporation (MDeC) Foreign knowledge workers in Information & Communication Technology for companies that have been granted the MSC status. Public Service Department (PSD) (To approve the contract of Expatriate to be employed in Public Sector) o o o The medical doctor and medical nurse post in government hospitals/clinics. The lecturers/educators of Public Higher Education institution Public sector contract post

The employment (job offer) is handled by Public Sector Commission / related Agency.

Central Bank Malaysia (CBM) Employment in sector: o o o Banking Financial Insurance

Securities Commission (SC) Employment in securities and futures industries Expatriate Committee (EC) For the post in other public and private sectors that are not under the jurisdiction of MIDA, MDeC, PSD, CBM and SC. General guidelines How to determine the authorized agency that suits your company? Identify your companys business activities Further Information on Expatriate Committee Expatriate Committee is under the jurisdiction of Ministry of home Affairs and Employment Pass Division of the Immigration Department acts as the secretariat to the committee. Members of the EC are as follows: Ministry of Home Affairs (MOHA) Ministry of International Trade and Industry (MITI) Ministry of Domestic Trade and Consumer Affairs (MDTCA) Ministry of Education (MOE) Ministry of Human Resources (MHR) Construction Industry Development Board (CIDB) Council Of Trust Immigration Department of Malaysia Chairman (SG/DSG) Member (Representative) Member (Representative) Member (Representative) Member (Representative) Member (Representative) Member (Representative) Secretariat

Basic Requirements for Application of Expatriate under Expatriate Committee (EC) The application for Expatriate will be considered based on the following guidelines: Minimum paid-up capital No 1 2 3 Equity 100% local owned Local and foreign owned 100% foreign owned Capital RM 150,000 RM 200,000

RM 250,000

Effective from 1 January 2009, minimum paid up capital is as below:No Equity Capital 1 100% local owned RM 250,000 2 Local and foreign owned RM 350,000 3 100% foreign owned RM 500,000 Recommendation from related monitoring Agency Agency Ministry Of Higher Education Ministry Of Education Ministry Of Health (MOH) Sector Higher Education (Diploma Level And Above) Primary And Secondary Education Modern Medical Practices And Health Care, Nursing, Traditional And Complementary Medicine And Health Care Football Club/Association Affiliated With FAM Sports

Football Association Of Malaysia (FAM) National Sports Council (Msn) Department Of Civil Aviation Malaysia Civil Aviation And Civil Aviation Related Services (DCA) Ministry Of Tourism Malaysia Travel Agencies Related To Tourism Industry Registration of business activity with related monitoring Agency

Construction Industry Development Board (CIDB) - For the company related to construction sector Ministry of Domestic Trade and Consumer Affairs (KPDN& HEP) - For the company with foreign equity that carries out wholesale marketing and retail business (including restaurant) and direct selling. Other Criteria That Considered Under EC Company share of equity Company activity Availability of local workforce The appropriateness of the scope of the job in relation to the companys activity Minimum monthly salary to identify whether the application is an expatriate or a foreign worker Age and working experience of expatriate, i.e the applicant is of an age suitable for the post and has the working experience

Status of The Application For Expatriate Under Expatriate Committee (EC) Can be verified through Immigration Department of Malaysia Website at www.imi.gov.my By mail Publicize on the informative board at: o Expatriate Committees Unit, o Employment Pass Division, o Immigration Department of Malaysia (Headquarters) Putrajaya

The required documents are: Applications shall be made to Expatriate Committee by completing the applications form: Authorization letter from company Completed DP10 form Covering letter explaining company activities and job justifications (Appeal letter if related) Expatriate resume - Photocopy of academic qualifications (Must be verified by Human Resources Manager and above) Latest Print-out Companies Commission of Malaysia ( Form 9, 24, & 49) - (Copies must be verified by Companies Commission of Malaysia) Recommendation letter from related agency - For the following activities/discipline: Education Medical Tourism Aviation Sports Football Ministry of Higher Education/Ministry of Education Ministry of Health (modern/traditional) Ministry Of Tourism Department of Civil Aviation Malaysia National Sports Council Football Association of Malaysia (FAM)

Equestrian

Equestrian Association of Malaysia

Business license from local authority (PBT) i. CIDB license / project contract- (construction only) ii. Direct selling license from KPDN & HEP (direct selling only) iii. Approval letter WRT from KPDN & HEP (For the company with foreign equity that carries out wholesale transaction and retail/restaurant)

Companies should submit their applications by hand or by mail to : Expatriate Committee Employment Pass Division Immigration Department of Malaysia (Headquarters) Level 3, Block 2G4 (Podium) Precint 2 Pusat Pentadbiran Kerajaan Persekutuan 62550 Putrajaya Wilayah Persekutuan

STAGE 2 The second stage is the process of endorsement of employment pass or passes related to expatriate post after getting approval from EC or other approving agencies. The Required Documents Are 1. Complete set of application consists of: i. Identification as companys officer OR Authorization letter ii. Completed DP11 Form attached with a photograph of the Expatriate iii. Offer and acceptance Letter OR Employment Contract (Stamped RM10.00 at Duty Stamp Office) for Visit Pass (Temporary Employment) which include : a. Title of the post b. Duration of the employment contract c. Monthly salary d. To be signed by employer and employee Photocopies of the latest passport of the Expatriate ( 2 copies for PRC national) And (If Applicable) To attach the approval letter from MIDA/CBM/SC/PSD/MOHA whichever applicable (not applicable for approvals from EC and MDeC) To attach a companys corporate informations print-out from Companies Commission of Malaysia (CCM) OR form 9, 24 & 49 for MIDA and EC approval (if there is conditional approval from JKPD to increase the paid up capital) To attach the Expatriates resume, a photocopy of certificate / Diploma/ degree for MIDA approval of posts other than key posts. (if MIDAs approval is for both the post and the expatriate, the document is not necessary). To attach the release letter from a previous employer when switching to a new employer.

Companies should submit their applications by hand to : Employment Pass Division Immigration Department of Malaysia (Headquarters) Level 3, Block 2G4 (Podium) Precint 2 Pusat Pentadbiran Kerajaan Persekutuan 62550 Putrajaya Wilayah Persekutuan or The nearest Immigration Department of Malaysia state office

Fees Employment Pass in the pass that is granted to Foreign Expatriates in order for them to work and stay in this country legally. Nevertheless, there are cases where the Expatriate are only given the Visit Pass (Temporary Employment) to work in this country. A levy will be imposed on the Visit Pass (Temporary Employment)) according to sector: Levy For Visit Pass (Temporary Employment) SECTOR Fees Peninsular Per Annum (RM) 1,200.00 1,200.00 540.00 360.00

MANUFACTURING CONSTRUCTION PLANTATION AGRICULTURE SERVICE a. Restaurant b. Washing and refinement c. Cargo Handling d. Dobby e. Caddies f. Barber Shops g. Retail &Wholesale Business h. Textile i. Metal, Old and Faded, and used Items WELFARE HOMES OTHERS

Per Month (RM) 100.00 100.00 45.00 30.00

Sabah And Sarawak Per Annum (RM) 960.00 960.00 540.00 360.00

1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 600.00 1,800.00

150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 50.00 150.00

1,440.00 1,440.00 1,440.00 1,440.00 1,440.00 1,440.00 1,440.00 1,440.00 1,440.00 600.00 1,440.00

1. Fees are as follows:1.1 Employment Pass (for the approved position with minimum salary of at least 2 years working contract) (Effective from 1 January 2009, minimum salary for holders of Employment Pass is RM5, 000.00 per month) 1.1.1 Key Post (Approved by MIDA) 1.1.2 Management/High Level/ Professional/Mid Level/ Technical position 2. The Levy Rates as follows:2.1 Employment Pass 2.2 Visit Pass (Temporary Employment) 3. Others Fees:3.1 Processing Fees Employment Pass , Visit Pass (Temporary Employment) 3.2 Fees For Journey Performed Visa RM 300.00 per annum or part of it RM 200.00 per annum or part of it NO LEVY AS SHOWN ABOVE RM 50.00 (Per Application/Post) RM 500.00 (Per Application/Post)

Requirements through Immigration Rules For foreigners who require VISA to work, they were given choice either to get calling Visa or pay JP Visa amounting to RM500.00 together with Country Visa. Please refer to PERMUDAH guidebook for countries who apply visa. Immigration Facilities under Dependent Pass 1) Dependent Pass Married Expatriate with Employment Pass are entitle for Immigration facilities under Dependent Pass. Entitled to: Wife / husband Children below 21 years old Handicapped children Legally adopted children

Application procedures: Can be submitted together with the application for Employment Pass or after Employment Pass have been approved. Required document are: i. ii. iii. iv. v. Fees: Pass fee Process fee JP Visa fee Visa fee RM 90.00 RM 50.00 RM 500.00 (if relevant) according to country Cover letter from the Expatriates company DP11 Form 2 passport sized photo Proof of Marriage Childrens birth certificate

2) Visit Pass (Social) Entitled to: Parents of an Expatriate Common Law Wife (must be verified by Embassy) Children above 21 years old Step Children

Procedures: Can be submitted together with the application for Employment Pass or after Employment Pass have been approved. Required documents are: i. ii. iii. iv. Cover letter from the Expatriates company DP11A Form 1 passport sized photo Embassys Verification on Expatriates relationship with applicant.

Fees: Pass fee Process fee JP Visa fee Visa fee

RM 90.00 RM 50.00 RM 500.00 (if relevant) according to country

Social Visit Pass (Long Term) Entitled to: o Wife/Husband and children of an Expatriate ( Holding Visit Pass (Temporary Employment) Procedures: - Can be submitted together with the application for Employment Pass or after Employment Pass have been approved. Required documents are: o Cover letter from the Expatriates company Required documents are: v. vi. vii. Cover letter from the Expatriates company DP11A Form 1 passport sized photo Embassys Verification on Expatriates relationship with applicant. Fees:

viii.

Pass fee Process fee JP Visa fee Visa fee

RM 90.00 RM 50.00 RM 500.00 (if relevant) according to country

Social Visit Pass (Long Term) Entitled to: o Wife/Husband and children of an Expatriate ( Holding Visit Pass (Temporary Employment) Procedures: - Can be submitted together with the application for Employment Pass or after Employment Pass have been approved. Required documents are: o Cover letter from the Expatriates company o DP11A Form o 1 passport sized photo o Embassys Verification on Expatriates relationship with applicant. Fees: Pass fee - RM 90.00 Process fee - RM 50.00 JP Visa fee - RM 500.00 (if relevant) Visa fee - according to country Other Facilities a) Permission To Do Charity Works In Malaysia Entitled To: Expatriates wife who holds Dependent Pass Procedures: 1. 2. 3. 4. Written application to Head Director of Immigration or Director of Employment Pass or Director of State Immigration Office. Doesnt make fixed income No activity against Malaysian culture and ethics Charity works defined as follow: Old Folks Home Disable Children Shelter Foster Children Home Charity Home & Red Cross Association

Required documents are: 1. Letter of Offer from the Employer 2. Copy of Passport stamped with Dependent Pass following the husband holding the Employment Pass Fees - Excluded/Fee b) Education Facilities To Expatriates Children Entitled to: Expatriates Children below 18 years old Expatriates Children below 18 years old and entered Malaysia with Dependent Pass are allowed to study without having to apply for Student Pass

Conditions: 1. School/institutes with recognition from Malaysian Government 2. Meet the Student Pass requirement Required documents are: Cover letter from the Expatriates company Documentary proof of acceptance from Public Higher Education Institution/Private Higher Education Institution/Secondary School/Primary School/Pre-school Copy of Expatriate (Expatriate) & Dependent (Student) Passport Students personal data form Other related documents

Fee - Excluded/Free Other Immigration Facilities for Expatriates 1. Service at the Executive Counter Executive Counter has been provided at the Immigration Headquarters, Employment Pass Division, Level 3, Block 2G4, Precint 2, Putrajaya since 2005 and has been extended to all state Immigration Office since December 2007. All expatriates holding executive / professional posts as well as managerial posts are welcome to the Executive Counter.

2. Overlapping of passes for purpose of handing over of Key Post 3. Is allowed for a period of maximum 3 months Special approval for expatriates to bring along their maids regardless of nationality of the maids. Application can be done before or after the expatriate enters Malaysia. The process and procedure is similar to the process and procedure of applying approval for dependent of the expatriate except for new application for maid from Philippines needs to get POEA before they are allowed to work in Malaysia.

The Spouse of an expatriate holding a Dependent Pass is allowed to take up paid employment without converting their Dependent Pass to Employment Pass or Visit Pass Temporary Employment on condition that the permission to take up the paid employment is endorsed on his/her passport by an authorized Immigration officer. Terms and Conditions 1.Has secured a job offer from a company / Government Agency 2.The company (employer) has an approval from the relevant authority/agency (MIDA / MDEC / Central Bank of Malaysia / Securities Commission / Public Service Department of Malaysia) if related. Procedure The application can be made at the Employment Pass Division, Immigration Department of Malaysia (Headquarters) or the nearest State Immigration Office. The application for permission to work can be submitted together with the application for Dependent Pass or after Dependent Pass has been issued. The Required supporting documents:i) ii) iii) iv) Marriage Certificate; Offer Letter from Company / Government Agency; Companys registration (SSM) Approval letter from MIDA / MDeC / Bank Negara Malaysia (BM) / Securities Commission / Public Service Department) if related.

Fees No fees are required for Endorsement of Permission to Work/Business. Fees are only required for Dependent Pass and Visa (if related). 5. Issuance of Dependent Pass to Husbands of Expatriates Husbands of Expatriates holding Employment Passes will be issued with a Dependent Pass. Application procedures: Application for the Dependent Pass can be submitted together with the application for Employment Pass or after the Employment Pass has been approved. Required documents are: i. Cover letter from the Expatriates company DP11 Form 2 passport sized photograph Proof of Marriage Childrens birth certificates

ii.
iii. iv. v.

Fees: Pass fee Process fee JP Visa fee Visa fee RM 90.00 RM 50.00 RM 500.00 (if relevant) according to country

Additional Informations Visa On Arrival Facilities For Expatriate Malaysian Government has decided to grant Visa on Arrival (VOA) facilities to the Expatriate including the wife, children and maid. Procedures and conditions: Applicant must be present at the Immigration Office Visa Application Form IM 47 Applicant must possess origin country passport that is valid for the next 24 months Visa On Arrival will only be granted upon approval of the Employment Pass by the approving agencies.

With Visa on Arrival (VOA), the Expatriate and Dependent would be exempted from Journey Perform Visa Can be applied at: Kuala Lumpur International Airport (KLIA) Kuching International Airport, Sarawak Kota Kinabalu International Airport , Sabah

Cooling Off Period to Expatriate Expatriate who intends to work with another company will be imposed Cooling off Period for six month if the former employer resist to issue release letter for that purposes. Exceptions of COOLING OFF PERIOD" Expatriate is the share holder The Employer are the common share holder or common director in both new and previous company Expatriates services are no longer required Expatriates services were terminated because of the economic crisis Former Employer was inactive/bankrupt Expatriate switch employment from private company to government agency Expatriate switch employment from government agency to another government agency Changes of Employer vertically Released from Previous Employer Exemption appeal letter from the Expatriate's company

Useful Informations Countries That Shall Need Visa To Work In This Country Sub. Continent Countries: 1. 2. 3. 4. Bangladesh India Pakistan Sri Lanka

African Countries: 1. Angola 2. Burkina Faso 3. Burundi 4. Cameroon 5. Central African Republic 6. Congo Democratic republic 7. Congo Republic 8. Cote DIvoire 9. Djibouti 10. Equatorial Guinea 11. Eritrea 12. Ethiopia 13. Ghana 14. Guinea-Bissau 15. Liberia 16. Mali 17. Mozambique 18. Niger 19. Nigeria 20. Rwanda 21. Western Sahara

Other Countries: 1. 2. 3. 4. 5. 6. 7. Afghanistan (Visa with reference) Bhutan Colombia Myanmar Nepal PR China Taiwan

1) 2) 3)

All Holders Of Cert. Of Identity All Holders Of Laisser Passer All Holders Of Titre De voyage

Visa Are Not Required For: Commonwealth countries

Additional Informations: The validity of passport or travel document o Validity of the pass endorse will not exceed the validity of passport. Proper entry into Malaysia o Those who are required to have a reference visa for purpose of working in Malaysia must get the Visa before entry into Malaysia. o For those with two (2) citizenship, change of passport is not allowed for entrance and exit purpose. Age of expatriate

Minimum age for expatriate to seek employment in Malaysia is 27 years old except for IT industry minimum age is 23 years old. Additional Informations Spouse Programme Expatriate married to Malaysian is entitled to apply for the related employment pass without going through the Level 1 process. They only have to completed Level 2 process under Spouse Programme.Nevertheless, the applicants who wish to work in education and health sectors have to be recommended by related agency. Application Procedures: Applicant must present with spouse upon submission of the application at the Immigration Department of Malaysia. Third party or representative will not be considered. The required document: Completed set of application consisting: i. ii. iii. iv. v. vi. vii. Cover letter explaining the companys activities and justifications for the post. Completed DP11B Form attached with a photograph of the foreign expatriate spouse AND Malaysian spouse. Officer and Acceptance Letter OR Employment Contract Stamped RM10.00at Duty Stamp Office)OR Personal Bond (Stamped RM10.00at Duty Stamp Office) for Visit Pass (Temporary Employment). Photocopy of the latest passport of the foreign expatriate spouse AND Malaysia spouse. Photocopy of husband/wife MyKad Photocopy of marriage certificate (certified by Religious Department)/ Registered marriage abroad/ Malaysia (certified by Department Of National Registration) Completed marriage declaration form (testified by Commissioner for Oaths)

And (If Applicable) i. ii. iii. iv. To attach the approval letter / recommendation letter from C BM , SC , PSD, MOHA/ MOH, MOE whichever applicable le. To attach a companys corporate informations print-out from Companies Commission of Malaysia (CCM) OR Form 9, 24 & 49 of Form D. To attach the Expatriates resume, a photocopy of certificate/Diploma / degree. To attach the release letter from a previous employer.

Companies should submit their applications by hand to: Employment Pass Division Immigration Department of Malaysia (Headquarters) Level 3, Block 2G4 (Podium) Precint 2 Pusat Pentadbiran Kerajaan Persekutuan 62550 Putrajaya Wilayah Persekutuan Or The nearest Immigration Department of Malaysia state office