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The process and type of pass you need to know

COMPANY REGISTRATION VIA EXPATRIATE SERVICES DIVISION (ESD)

The Expatriate Services Division (ESD), under the Immigration Department of Malaysia, facilitates company registration.

Companies are required to obtain approval from ESD for ESD account before applications can be submitted online for Expatriate position and Employment Pass (es) for expatriates and their Dependents.

The process of ESD registration can be rather difficult and time consuming, if you are not familiar with the procedures and documents required by the Malaysian Immigration Department. If your ESD registration application is not complete during submission, the Immigration Department will return your application and request you to provide additional documents/information or your application may be rejected. If rejected, you will be required to appeal and the appeal process could take approximately 3 months to be processed and considered by the Immigration Department.

Company Eligibility Criteria: Must be registered with: The Companies Commission of Malaysia (SSM) under Companies Act 1965; OR

The Registry of Society Malaysia (ROS) under the Organization Act 1966; OR

Other bodies (e.g. co-operatives) registered under the relevant laws of Malaysia.

Company Paid-Up Capital requirement (not applicable to incorporated and limited companies, and associations):-

100% Locally Owned RM250,000-00

Joint venture (minimum
foreign equity is 30%) RM350,000-00

100% Foreign Owned RM500,000-00

Foreign Owned companies (foreign equity 51% and above) operating in the Wholesale, Retail and

Trade (WRT) sectors RM1,000,000-00

*Foreign owned companies with foreign equity of 51% and above is required to obtain and submit valid WRT approval letter/license issued by the Ministry of Domestic Trade, Co-operatives and Consumerism (MDTCC) for the said application.

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

REQUIREMENT TO APPLY FOR EXPATRIATE POST

The minimum requirement to apply for expatriate posts are as follows:

Degree with at least 3 years’ experience in the relevant field; and/or
Diploma with at least 5 years’ experience in the relevant field; and/or
Technical Certificate or equivalent, with at least 7 years’ experience in the relevant field.

FOR SHAREHOLDER(S)

Must be appointed as a Director of the company AND / OR holds a key position in the company.

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

EMPLOYMENT PASS (CATEGORY I)

Hiring company successfully registered with Expatriate Services Division (ESD).
Employees’ basic monthly salary must be RM 10,000.00 and above
Approval letter of registration with Department of Labour, Peninsular Malaysia required (JTKSM)
Approval letter from SOCSO (PERKESO) required if salary of expatriate is below RM15,000.00
Up to 5 years of valid employment contract in Malaysia
Proof of highest educational certificate or equivalent working experience
Company regulated by an Approving Agency need to submit approval/support letter
Spouse and Children are eligible for Dependent/Social Pass(es)
Renewable based on justification.

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

EMPLOYMENT PASS (CATEGORY II)

Hiring company successfully registered with Expatriate Services Division (ESD).
Employees’ basic monthly salary is between RM 5,000 and RM 9,999
Approval letter of registration with Department of Labour, Peninsular Malaysia required (JTKSM)
Approval letter from SOCSO (PERKESO) required
Maximum 2 years of valid employment contract in Malaysia
Proof of highest educational certificate or equivalent working experience
Company regulated by an Approving Agency need to submit approval/support letter
Spouse and Children are eligible for Dependent/Social Pass(es)
Renewable based on justification.

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

EMPLOYMENT PASS (CATEGORY III)

Hiring company successfully registered with the 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
Company regulated by an Approving Agency need to submit approval/support letter
Spouse and Children are NOT eligible for Dependent Pass
Pass can be renewed 2 times at most (subject to justification)
Approval from the Malaysian Ministry of Home Affairs required (KDN)
Approval letter of registration with Department of Labour, Peninsular Malaysia required (JTKSM)
Approval letter from SOCSO (PERKESO) required

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

PROFESSIONAL VISIT PASS (PVP)

A Professional Visit Pass (PVP) is granted to foreign talents with the acceptable professional qualifications or skills for a specific period stated. Successful applicants may enter the country and provide services, or undergo practical training with a Malaysian company, or on behalf of an overseas company on a temporary basis, for up to 12 months.

Companies must be successfully registered with the Expatriate Services Division (ESD) of the Immigration Department to submit the PVP application.

Applicant’s assignment in Malaysia is to undertake the following:-

Expertise Transfer

Research

Student Internship (must be relevant to the applicant’s education background)

Installation/Commissioning/Maintenance

Exhibitors under regulation of Malaysia Convention & Exhibition Bureau (MyCEB)

Flight Simulator Tester

Volunteers

Maximum duration of Pass granted is up to 12 months only.

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

MDEC/Expats FOREIGN KNOWLEDGE WORKER (FKW) (EXPATRIATE) APPLICATION

Hiring company is an approved MSC status company
Holds a tertiary qualification from an institution of higher learning (in any field); or
Holds a diploma in multimedia/ICT or another specialized ICT certification plus at least 2 years’ relevant experience in multimedia/ICT or an equivalent field; or
Has held a professional, executive, management or technical work position in information technology (“IT”) enabled services (e.g. IT / IS Professionals, Finance / Accounting, Business Administration)
Approval letter of registration with Department of Labour, Peninsular Malaysia required (JTKSM)
Approval letter from SOCSO (PERKESO) required if monthly basic salary of expatriate is below RM15,000.00

* The above requirement/procedure are subject to change at the discretion of the Immigration Department of Malaysia and other related governmental agency.

SOCIAL VISIT PASS (LONG TERM) OF EMPLOYMENT PASS HOLDER (SVPLT)

Eligibility Criteria

Children over 18 years old until 25 years old are eligible for Social Visit Pass (Long Term) including stepchild/ legally adopted child (except for children with disabilities);
Parents & Parents-in-law of Employment Pass holder.;
Common law spouse of Employment Pass holder can be considered
SVPLT allows the holder to stay in West Malaysia
Employment is not allowed and requires conversion to Employment Pass
One (1) time application and change of partner is not allowed for common law spouse

VISIT PASS (TEMPORARY EMPLOYMENT) – FOR FOREIGN MAID OF EMPLOYMENT PASS HOLDER

Eligibility Criteria

Female, aged 21 – 45 years old;
Health certified from home country is required
Salary of expatriate must be RM5,000.00 and above
Only Maids from the countries approved by the Immigration Department allowed to take up employment

Malaysia Investment Development Authority (MIDA) Application/Manufacturing Advisory

Application For Representative/Regional Office in Malaysia

Foreign investors may choose to set up a Representative/Regional Office in Malaysia to carry out research and development (R&D), feasibility studies by collecting relevant information on investment opportunities in Malaysia or set up a Regional Office that serves as the coordination center for the company’s organization affiliates, subsidiaries and agents in South-East Asia and the Asia Pacific Region.

Eligibility Criteria for Representative/Regional Offices
The Representative Office / Regional Office’s expenditure must be at least RM300,000 per year and should be completely funded by the (foreign) parent company.

ALLOWED ACTIVITIES

The Representative/Regional office is allowed to carry out the following activities:

Planning or coordination of business activities
Gathering and analysis of information or undertaking feasibility studies on investment and business opportunities in Malaysia and the region
Identifying sources of raw materials, components or other industrial products
Undertake research and product development
Act as a coordination center for the corporation’s affiliates, subsidiaries, and agents in the region
Undertake other activities which will not result directly in actual commercial transactions

RESTRICTIONS

The representative/Regional office is not allowed to carry out any business transaction or derive any income from its operations and is not allowed to carry out the following activities:

Be engaged in any trading (including import and export), business or any form of commercial activity
Lease warehousing facilities; any shipment/transshipment or storage of goods shall be handled by a local agent or distributor
Sign business contracts on behalf of the foreign corporation or provide services for a fee
Participate in the daily management of any of its subsidiaries, affiliates or branches in Malaysia

EXPATRIATE POSTS

Upon approval of a Representative/Regional office, Expatriate Posts will be considered and approved by MIDA depending on the functions and activities of the company.
Expatriates will only be considered for Managerial and Technical posts.

* The above requirement/procedure are subject to change at the discretion of the MIDA.