What is Malaysia Work Visa?
Non-Malaysian nationals need to know that Malaysia has three primary work visas available to choose from if they intend to establish their own company, look for employment in Malaysia, or both.
Therefore, a work visa is essentially an official permit granted by a government agency in Malaysia to authorise foreign citizens to work in Malaysia for a specific time. This permission can only be used for a limited period before it expires.
The Ministry of Home Affairs has made the following three main categories of work visas accessible for application by companies on behalf of their foreign employees:
Employment Pass
Temporary Employment Pass
Professional Visit Pass
Each type of pass has its own criteria for acceptance, with several stipulations that must be met to qualify.
1. Employment Pass
This permit category is often reserved for non-Malaysian employees who have been offered a contract with a company registered in Malaysia.
It is designated for non-Malaysian employees with specific skills typically utilised for management and technical roles.
There are three (3) categories included in the employment pass programme, which are as follows:
EMPLOYMENT PASS I
The hiring company is registered with the Expatriate Services Division (ESD)
Employees’ Basic monthly salary is at least RM 10,000
Up to 5 years of valid employment contract in Malaysia
Proof of highest educational certificate or equivalent working experience
Spouse and Children (below 18 years old) are eligible for Dependent Pass.
Renewable based on specific requirements
EMPLOYMENT PASS II
The hiring company is registered with the Expatriate Services Division (ESD)
Employees’ Basic monthly salary is between RM 5,000 and RM 9,999
Maximum 2 years of valid employment contract in Malaysia
Proof of highest educational certificate or equivalent working experience
Spouse and Children (below 18 years old) are eligible for Dependent Passes.
Renewable based on specific requirements
EMPLOYMENT PASS III
The hiring company is registered with the Expatriate Services Division (ESD)
Employees’ Basic monthly salary is between RM 3,000 and RM 4,999
Maximum 1 year of valid employment
Proof of highest educational certificate or equivalent working experience
Spouse and Children (below 18 years old) are NOT eligible for Dependent Pass.
Can be renewed 2 times at most (subject to review)
Needs approval from the KDN (in the Malaysian Ministry of Home Affairs)
Requirements to apply for an Employment Pass
It is the responsibility of the employing company to apply for this pass. They should do so on behalf of the non-Malaysian employees they are interested in hiring.
The Company is to apply for an “expatriate post” at one of the following government agencies:
Multimedia Development Corporation – for jobs in the technology sector.
Malaysia Industrial Development Authority – for the manufacturing and services sectors
Malaysian Biotechnology Corporation – for jobs in the biotechnology sector.
Central Bank of Malaysia – for finance, banking, and insurance sectors.
Securities Commission – for the securities and futures market sectors
Expatriate Committee – for sectors that are not under the above
Once approved, the hiring Company can proceed with the Employment Pass application to the Immigration Department of Malaysia. Numerous documents are also required to apply for an employment pass. These may include:
visa application forms
a letter of approval from the relevant authority
an application letter and letter of appointment from your employer
an offer of acceptance letter or employment contract (must highlight the position, salary offered, employment duration and job scope)
original receipts of payment of application
a copy of your passport (preferably certified by a notary republic)
passport photographs
copies of your CV and qualifications (preferably certified by a notary republic)
employing Company's latest profile
a medical report approved by the Malaysian Ministry of Health (if).
The candidate eligible for the employment pass must:
Have proper academic qualifications suitable for the position offered
Have at least three (3) consecutive years of worth relevant work experience for the position offered
Must work in a managerial, executive or technical position which requires specific skills
Must meet the salary requirements as mentioned above.
ESD Company Registration
The Expatriate Services Division (ESD) is the first point of contact for companies that wish to employ eligible expatriates. All companies will need to register with the ESD as a first step.
There are two requirements needed before companies can proceed with ESD registration.
Please go through the details of the requirements below.
1. Company must be registered with the following:
a. The Companies Commission of Malaysia (SSM) under the Companies Act 2016; or
b. The Registry of Societies Malaysia under the Organisation Act 1966; or
c. Associations/Cooperatives registered under the laws of Malaysia.
2. Company Paid-up capital*
* Not applicable to incorporated and limited companies and associations/organisations under the laws of Malaysia.
2. Temporary Employment Pass
This pass is often reserved for Malaysian registered companies that require foreign employees with a level of expertise between semi-skilled and unskilled in a particular industry.
This pass is sometimes referred to as a Visitor Pass. Its validity may not exceed twelve months (one year), but employers may apply for an extension annually for a maximum of ten years.
There are two types of such passes:
Sectors allowed – construction, plantation, agriculture, manufacturing, and services.
Foreign domestic helpers
3. Professional Visit Pass
This permit is only available to foreign employees with the required credentials and experience to temporarily work in Malaysia for twelve months (1 year).
They are not permitted to apply for a dependent's pass since they are required to perform their services in a company incorporated in Malaysia on behalf of an international company.
Can you bring your family members with a Malaysian work visa?
Only holders of Employment Passes can bring their family to Malaysia with them.
If you’re an EP holder, you can bring the following family members through the Malaysia Dependent’s Pass:
Your spouse
Your dependent children under 18 years old
In addition, those who have an EP can bring members of the following family members to Malaysia thanks to the Long Term Social Visit Pass:
Dependent children over 18 years of age (adopted or biological)
Spouse
Through the use of a Social Visit Pass, the following members of an EP holder's family are permitted to visit them:
Parents
Common Law Wife
Children over the age of 18
Stepchildren
If your non-Malaysian spouse has employment aspirations, their Dependent's Pass won't automatically permit them to do so immediately.
They are responsible for making their own application for a work permit.
Timeline for Work Visas Applications in Malaysia
There is no specific timeframe given by the Ministry of Home Affairs when it comes to the application for a work visa for non-Malaysian employees.
FAQs
Q. How early should I apply for a Malaysia work visa?
Ans - Since you need an approval letter from Malaysia, you might start the process about a month in advance.
The usual process for a Malaysia work visa is 7-14 working days. Sometimes, it might take anywhere from six to twelve months, and the length of time depends on how thorough the documentation the employing company provides.
Q. Can I change jobs when you have the Malaysia work visa permit?
Ans - No, you can only work for the company/employer who has been named in your Employment Pass. If you change your company, you must resubmit your application.
Q. What will happen if I stay after my Malaysia visa has expired?
Ans - Staying back in the country after expiry is considered an offence and can lead to fines and even deportation in some instances.
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