Expatriate

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4 Chapter 4

IMMIGRATION PROCEDURES

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1. PASSPORT AND VISA REQUIREMENTS

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2. ENTRY INTO MALAYSIA 2.1

Passes Issued at Point of Entry

2.2

Passes Issued Upon Arrival

3. EMPLOYMENT OF EXPATRIATE PERSONNEL 4. APPLYING FOR EXPATRIATE POSTS 5. EMPLOYMENT OF FOREIGN WORKERS

Chapter 4

IMMIGRATION PROCEDURE 1. PASSPORT AND VISA REQUIREMENTS All persons entering Malaysia must possess valid national passports or other internationally recognised travel documents valid for travel to Malaysia. These documents must be valid for at least six months beyond the date of entry into Malaysia. Those with passports not recognised by Malaysia must apply for a document in lieu of the passport as well as a visa issued by Malaysian missions abroad. Applications for visas can be made at the nearest Malaysian mission abroad. In countries where Malaysian missions have not been established, applications can be made to the nearest British High Commission or Embassy. Visa Requirements

Citizens of:

No visa required

Commonwealth Countries (except India, Bangladesh, Cameroon, Ghana, Mozambique, Nigeria, Pakistan and Sri Lanka)

No visa required for business or social visits not exceeding 30 days

ASEAN Countries (except Myanmar) and United States of America (except for employment).

No visa required for business or social visits exceeding 30 days

Brunei and Singapore

Visa required*

Angola, Bangladesh, Bhutan, Burkina Faso, Burundi, Cameroon, Central African Republic, China, Colombia, Comoros, Congo Democratic Republic, Congo Republic, Cote D’Ivoire, Equatorial Guinea, Eritrea, Ethiopia, Ghana, Guinea- Bissau, Hong Kong (Certificate of Identity), India, Liberia, Mali, Mozambique, Myanmar (normal passport), Nepal, Nigeria, Pakistan, Rwanda, Sri Lanka, Serbia & Montenegro, Taiwan, United Nations (Laissez Passer), Western Sahara

Visa with reference required**

Afghanistan

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Visa Requirements

Citizens of:

Visa required for social visits exceeding 14 days

Iraq, Libya, Macao (Travel Permit/ Portugal Certificate of Identity), Palestine, Sierra Leone, Somalia, South Yemen, and Syria

Visa required for social visits exceeding 15 days

Iran

Visa required for social visits exceeding 30 days

Armenia, Azerbaijan, Barbados, Belarus, Benin, Bolivia, Bulgaria, Cambodia, Cape Verde, Chad, Chile, Costa Rica, Equador, El Savador, Estonia, Gabon, Georgia, Greece, Guatemala, Guinea Republic, Haiti, Honduras, Hong Kong SAR, Kazakhstan, Latvia, Lithuania, Macao SAR, Macedonia, Madagascar, Maldova, Mauritania, Mexico, Monaco, Mongolia, Nicaragua, North Korea, North Yemen, Panama, Paraguay, Portugal, Russia, Sao Tome and Principe, Senegal, Slovenia, Sudan, Surinam, Tajikistan, Togo, Ukraine, Upper Volta, Uzbekistan, Vatican City, Venezuela, Zaire, and Zimbabwe.

Visa required for social visits exceeding 90 days

Albania, Algeria, Argentina, Australia, Austria (Vienna), Bahrain, Belgium, Bosnia-Herzegovina, Brazil, Croatia, Cuba, Czech Republic, Denmark, Egypt, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Jordan, Kirgystan, Kuwait, Kyrgyz Republic, Lebanon, Liechtenstein, Luxembourg, Morocco, Netherlands, Norway, Oman, Peru, Poland, Qatar, Romania, St. Marino, Saudi Arabia, Slovakia, South Korea, Spain, Sweden, Switzerland, Tunisia, Turkey, Turkmenistan, United Arab Emirates, United Kingdom, Uruguay, and Yemen

For nationals of Israel, visas and prior approval from Malaysia’s Ministry of Internal Security are required. For nationals of Republic of Serbia and the Republic of Montenegro, visas and prior approval from Malaysia’s Ministry of Home Affairs are required. Nationals from other countries other than those stated above (except Israel), no visa is required for visits not exceeding one month.

Note: * Visa without reference is issued by the Malaysian mission in the respective country. ** Visa with reference is visa approved by the Immigration Department

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2. ENTRY INTO MALAYSIA 2.1 Passes Issued at Point of Entry A visitor can obtain a visit pass for the purpose of a social or business visit at the point of entry provided he can satisfy immigration authorities that he has a valid passport and visa (where necessary) which allows him to stay temporarily in Malaysia. A Visit Pass is issued to visitors for the purpose of a social or/and business visit such as: •

Owners and company representatives entering Malaysia to attend a company meeting or seminar, inspect the company's accounts or to ensure the smooth running of the company

•

Investors or businessmen entering to explore business opportunities and investment potential

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Foreign representatives of companies entering to introduce goods for manufacture in Malaysia, but not to engage in direct selling or distribution

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Property owners entering to negotiate, sell or lease properties

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Foreign reporters from mass media agencies entering to cover any event in Malaysia

•

Participants in sporting events

These passes cannot be used for employment or for supervising the installation of new machinery or the construction of a factory. 2.2 Passes Issued Upon Arrival Other than applications for entry for the purpose of social or business visits, all applications for passes mentioned below must be made before the arrival into the country. All such applications must have sponsorship in Malaysia whereby the sponsors agree to be responsible for the maintenance and repatriation of the visitors from Malaysia if necessary. The types of passes are: (i)

Visit Pass (Temporary Employment) This is issued to persons who enter the country to take up employment for less than 24 months or earn a monthly income of less than RM3,000.

(ii) Employment Pass This is issued to foreigners who enter the country to take up employment for a minimum period of two years and earn a monthly income of not less than RM3,000.

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(iii) Visit Pass (Professional) This is issued to foreigners for the purpose of engaging on short-term contract with any agency. The categories of foreigners who are eligible are: •

artistes

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those entering for filming

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researchers recognised by the Government of Malaysia

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members of an international organisations

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volunteers

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invited lecturers/speakers

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those entering for religious purposes

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experts in the installation or maintenance of machines/computers.

•

trainees or technical trainees (e.g. management trainees in hotels and resorts)

The validity of the pass varies but it does not exceed twelve months at any one time. Applications should be made by the agency concerned. (iv) Dependant's Pass This is issued to wives and children of the employment pass holders. This pass may be applied together with the application for an employment pass or after the employment pass is issued. (v) Employment Pass for Foreign Spouses of Malaysian Nationals (Spouse Programme) Launched on 13th February 1996, this programme aims to provide the privilege to the spouses of Malaysian nationals or the expatriate officers who are foreigners and having the intention to work in Malaysia. The objective of this programme is in line with the Government’s intention, to support and encourage these foreign spouses to channel their skills and expertise towards the development of this country. Eligibility: •

Foreign spouse of a Malaysian with a Valid Referred Visa (if applicable)

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Legally married under the Malaysian Law

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Applicant must have a valid permanent job offer. However, self-employed applicants are not eligible for this programme

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Applicant who wants to practise their educational or health discipline should have a recommendation from the related agencies such as the Ministry of Education or the Ministry of Health respectively. IMMIGRATION PROCEDURES

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All applications should be made to the: •

Employment Pass Division, Immigration Department Headquarters; or

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State Immigration Offices

(vi) Student's Pass This is issued to foreigners who enroll as students in any approved educational institution.

3. EMPLOYMENT OF EXPATRIATE PERSONNEL The Malaysian government is desirous that Malaysians are eventually trained and employed at all levels of employment. Thus, companies are encouraged to train more Malaysians so that the employment pattern at all levels of the organisation reflects the multi-racial composition of the country. Notwithstanding this, where there is a shortage of trained Malaysians, companies are allowed to bring in expatriate personnel. In addition, foreign companies are also allowed "key posts", that is, posts that are permanently filled by foreigners. To further improve Malaysia's investment environment and promote technology transfer and the inflow of foreign skills into Malaysia, the government has further liberalised the policy on the employment of expatriate personnel. With effect from 17 June 2003, the new guidelines on the employment of expatriate personnel are as follows: a)

b)

c)

Manufacturing companies with foreign paid-up capital of US$2 million and above: •

Automatic approval is given for up to 10 expatriate posts, including five key posts.

•

Expatriates can be employed for up to a maximum of 10 years for executive posts, and five years for non-executive posts

Manufacturing companies with foreign paid-up capital of more than US$200,000 but less than US$2 million: •

Automatic approval is given for up to five expatriate posts, including at least one key post.

•

Expatriates can be employed for up to a maximum 10 years for executive posts, and five years for non-executive posts

Manufacturing companies with foreign paid-up capital of less than US$200,000 will be considered for both key posts and time posts based on current guidelines. They are: •

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Key posts can be considered where the foreign paid-up capital is at least RM500,000. This amount, however, is only a guideline and the number of key posts allowed depends on the merits of each case.

d)

•

Time posts can be considered for up to 10 years for executive posts that require professional qualifications and practical experience, and five years for non-executive posts that require technical skills and experience. For these posts, Malaysians must be trained to eventually take over the posts.

•

The number of key posts and time posts allowed depends on the merits of each case.

For Malaysian-owned manufacturing companies, approval for the employment of expatriates for technical posts, including R & D posts, will be given as requested.

An expatriate personnel employed in the manufacturing sector, excluding ICT related activities, should be at least 27 years old. For ICT related activities, an expatriate personnel employed should be at least 21 years old. An expatriate personnel who is transferred from one post to another within the same company will be required to obtain a new employment pass. His original employment pass will be amended to reflect the change in post. A new expatriate personnel replacing another must also obtain a fresh employment pass. All employment passes are valid for the period approved for the post. However, for key post holders, employment passes will be issued up to five-year renewable basis except in circumstances where: •

the validity of the expatriate's passport is less than five years,

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the expatriate's employment contract is less than five years, or

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the employer requires the services of the expatriate for less than five years.

Holders of employment passes will be issued with multiple entry visas valid for the duration of the employment pass.

4. APPLYING FOR EXPATRIATE POSTS All applications for expatriate posts from new and existing companies (including those not involving expansion or diversification) in the manufacturing and related service sectors should be submitted to MIDA. This includes companies required to obtain manufacturing licence as well as companies exempted from the manufacturing licence.

5. EMPLOYMENT OF FOREIGN WORKERS In Malaysia, foreign workers can be employed in the manufacturing, construction, services (domestic servants, restaurant workers, cleaners, workers in cargo handling, workers in welfare homes, launderettes, island resorts and caddies in golf clubs) and agricultural sectors. All applications from companies located in Peninsular Malaysia should be submitted to the Ministry of Home Affairs.

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Only nationals from the specified countries below are allowed to work in the selected sectors: Nationals of:

Approved Sectors

Indonesia Cambodia Laos Myanmar Nepal Philippines Thailand Vietnam

Manufacturing, services, agricultural and construction.

Turkmenistan Uzbekistan Kazakhstan

Manufacturing, services and construction

India

Agricultural, services (cooks) and construction (fixing of high voltage cable).

Approval is based on the merits of each case and subject to conditions that will be determined from time to time. Applications to employ foreign workers will only be considered when efforts to find qualified local citizens and permanent residents have failed. An annual levy on foreign workers is imposed as follows: Approved Sectors

Annual Levy

Manufacturing Services Construction Agricultural Domestic Help

RM1,200 RM1,200 - RM 1,800 RM1,200 RM 360 - RM 540 RM 360

For further information, please visit the Malaysia's Immigration Department website at http://www.imi.gov.my

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