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An Employment Pass is issued to a managerial or professional-level expatriates whom is to be employed by a Malaysian employer (i.e. Malaysian incorporated subsidiary, Malaysian registered branch of a foreign corporation or a Malaysian representative office).

Any employer applying for an Employment Pass must show why the expatriates must be employed rather than a Malaysian citizen or a permanent resident. An acceptable reason is that there is no Malaysian citizen or permanent resident available who is suitable in terms of academic qualifications and relevant practical experience or technical skills. An Employment Pass will allow the holder to engage in a full range of employment activities.

Application for an Employment Pass should be made three months prior to the arrival of the expatriates. However, it is common, although not advisable, for a foreigner to enter on a Visit Pass (Business) obtained by oral application at the point of entry (or at the relevant Malaysian Consulate prior to traveling) and for the employer to thereafter apply for an employment pass prior to the expatriates taking up employment. If the expatriates intends to take up employment immediately, the employer could apply for a Visit Pass (Temporary Employment) simultaneously with the application for an Employment Pass.

A “knowledge worker” or an expatriate is an individual who holds one of the following:

• Tertiary qualification from an institution of higher learning (in any field); or
• Diploma in multimedia / IT or specialized IT certification plus at least 2 years’ relevant experience in multimedia / IT or in a field that is a heavy user of IT; or
• Professional, executive, management and technical, work categories in information technology (“IT”) enabled services eg. IT / IS Professionals, Finance / Accounting, Business Administration,
• A Dependent Pass may be issued to any person being the spouse or dependent child to accompany the foreign knowledge worker while in Malaysia. The child may be issued a Permission to Study to enable him or her to take up schooling in Malaysia.

Application Procedure:

• The applicant company applies for an expatriate post (an application “for the services of an expatriate”), by submitting a completed documentation in the ESD/MDEC/ICT system. This form must be submitted in two sets accompanied by a letter of justification in the Malay Language from the employer justifying why the post must be held by an expatriate, whether there are any pre-requisites, qualifications and experience that are not available from Malaysia and whether steps (i.e. advertisements) have been taken to recruit a Malaysian to fill the post and provide evidence of such steps taken. The letter of justification should indicate the benefits the company could bring to the Malaysian economy and the labor force.</ br>
• Duration of the EP Application will take at least 3 weeks provided all the documentation is complete.

Employment Pass Application – Checklist

The following information and documents are to be furnished in support of the application:

• Passport copy – include the cover page with more than 12 months validity.
• Passport Copy must have a minimum of 6 empty pages prior to the application.
• Original copy of duly stamped short-form employment contract;
• information on the post and the expatriate applicant;
• organization chart, indicating each post and the person designated for each post, including vacancies and the post being applied by the expatriate applicant;
• Resume
• Photo – Blue background
• Academic Certificates – Duly Certified by the Embassy in Malaysia

This is a temporary pass that enables a foreign knowledge worker or expatriate to enter Malaysia for business and professional visits under a contract of service with an organization in Malaysia. Duration varies from a minimum of 3 months to the maximum of 12 months depending on the nature of employment and need of such employment by the hiring organization. ONLY Immigration Department of Malaysia will issue the Professional Visit Pass.

A Visit Pass (Professional) is for engaging in a professional occupation or work in Malaysia. In the application, the applicant must, with a letter of support from the local company sponsor disclose the activities which the applicant intends to conduct in Malaysia. The local company must agree to be responsible for the maintenance and repatriation of the expatriate from Malaysia should it become necessary. A pass holder may conduct the activities for which the pass has been approved. It is a condition of the Visit Pass (Professional) that any change in the business or professional purposes for which the Visit Pass (Professional) is issued must be made with the written consent of the Director-General of Immigration.

A Visit Pass (Professional) is normally only granted for a period of 3 to 6 months, but may be extended to a maximum period of one year. Employers seeking to directly engage non- Malaysians must apply for an Employment Pass or a Visit Pass (Temporary Employment).

Since the PVP passes issued by the Immigration Department therefore are required to register the ESD portal for the PVP application. For that the checklist is as listed below:

Application Procedure:

• 1. The applicant company applies for an expatriate post (an application “for the services of an PVP”), by submitting a completed documentation in the ESD system. This form must be submitted in ONE set accompanied by a letter of justification in the Malay Language from the employer justifying why the company requires the Professional Visit Pass, whether there are any pre-requisites, qualifications and experience that are not available from Malaysia and whether steps ( i.e. advertisements) have been taken to recruit a Malaysian to fill the post and provide evidence of such steps taken.
• 2. The letter of justification should indicate the benefits the company could bring to the Malaysian economy and the labor force.
• 3. Duration of the PVP Application will take at least 4 weeks provided all the documentation is complete.

Additional Information need to be adhered.

• Should the local company employs an expatriate who is currently already with another organization within Malaysia then the expatriate has to produce a NOC or Release Letter from his current employer pertaining to his departure.
• Make sure during the interview the expatriate confirms that the current employer will or oblige to release the expatriate to work within any company in Malaysia.
• The current visa with other company should be terminated or cancelled upon his last day work in Malaysia.
• Only upon the cancellation we are able to submit the new application under local company sponsorship.
• The tax BE Filing should be cleared prior to the new application with local company as the ESD will request the tax filing update prior to the visa approval
• Latest changes in the ESD guideline is that all expatriate should be outside of Malaysia during the application process otherwise once the application approved the expatriates are required to exit Malaysia to collect the VDR or Reference visa at Malaysian Embassy at their respective countries. But exceptionally some cases we are able to apply using the Journey Performed Visa which will cost additional RM550.00
• All marriage and birth certificates for dependent are required to be certified by the District Office in India before getting a 2nd certification at the Indian Embassy in Malaysia (This is only applicable for Indian expatriates).
• For expatriate children’s schooling which can be arrange according to the syllabus of the existing standard in their respective countries

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MM2H Application Checklist:

• 1. Application Cover Letter
• 2. MM2H Application Form
• 3. Two (2) coloured passport size Photo
• 4. Passport Copy – must be certified
• 5. Marriage Certificate – if accompanied by spouse – must be certified
• 6. Birth Certificate – if accompanied by children – must be certified
• 7. Certified copy of 3 months bank statement / Financial documents
• 8. Certified copy of Pay Slip / Pension Slip / Monthly income statement etc.

On the other hand the dependent visa / pass also applicable to next of kin such mother or father of the expatriates or also the in laws of the expatriates. Just the additional documents will be the birth certificates related to the parents and the expatriates concern. On top of that the levy and fees varies than the other closed dependents of the expatriates.

Dependent Visa / Pass Checklist:

• 1. Passport Copy
• 2. 4 pcs passport size photo – blue background
• 3. Employment Visa / Pass copy – Principal Applicant
• 4. Marriage Certificate – translated in English and duly certified by the local Embassy in Malaysia
• 5. Birth Certificates – translated in English

The criteria and guidelines about the Spouse Visa :

• You have a valid legal marriage certificates recognized in Malaysia
• Could be apply after 6 months from the marriage date
• Other Spouse is a Foreigner
• Letter of offer from a Malaysian company with a minimum paid-up capital of RM150,000
• When submitting your application, you and your spouse must together be present at the Department of Immigration.
• The immigration does not judge your skills, position to be taken in the company or salary to be drawn.
• If you change company you just need to inform the immigration about the new company.
• A release letter will facilitate your new application.
• You will not get any I-Card as under a normal Employment Pass
• The duration of the Employment Pass or Social Visa under the Spouse Visa is up to the Immigration department but is normally granted for a duration of one year renewable
• Your Spouse Visa is automatically revoked if a divorce occurs

Spouse Visa Checklist:

• 1. Passport Copy – Husband
• 2. 4 pcs passport size photo – Husband
• 3. Passport Copy – Wife
• 4. 4 pcs passport size photo – Wife
• 5. Resume / CV – Applicant
• 6. Academic Certificates – Applicant
• 7. My Kad copy – Malaysian Spouse
• 8. Marriage Certificates – Certified by JPN – Malaysia
• 9. Birth Certificates – Children ( If any )
• 10. Sponsor Details – Salary Slips & My Kad copy
• 11. Wedding photo – Both Husband & Wife together
• 12. Contract Letter – If relevant