Employment Pass & Visa

facilitate the hiring of foreign professionals in Malaysia by navigating the complex application process. We provide expert guidance on eligibility requirements, documentation, and compliance, ensuring a smooth transition for both employers and employees. Our team streamlines the process to help your business secure the necessary permits efficiently and effectively.

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Steps on Obtaining an Employment Pass

01

Determine

Assess the eligibility criteria for the Employment Pass based on job role, qualifications, and salary requirements.

02

Prepare

Gather necessary documentation, including the applicant’s passport, employment offer letter, and educational certificates.

03

Submit

Complete and submit the Employment Pass application online through the Expatriate Services Division (ESD) or relevant authority, along with the required documents.

04

Await Approval

Monitor the application status and respond promptly to any requests for additional information or clarification from the authorities.

05

Collection

Once approved, collect the Employment Pass and ensure all conditions are met for the employee to begin work in Malaysia.

Required Documents

Passport

Photograph

Resume

Certificates

Employment Contract

Application form

Supporting Documents

Eligibility Criteria

These documents are essential for demonstrating that a business adheres to local regulations and legal requirements. Compliance with local regulations helps prevent legal issues, penalties, and potential shutdowns, ensuring the long-term success of the business.

Requirements

To qualify for an expatriate position, applicants must meet the following criteria:

Education and Experience:
- A degree with a minimum of 3 years of relevant experience, or
- A diploma with at least 5 years of relevant experience, or
- A technical certificate (or equivalent) with a minimum of 7 years of relevant experience.
Position Requirements: The applicant must hold a managerial, executive, or technical role that necessitates specific skills.
Salary Criteria: The applicant must meet the stipulated salary requirements.
Sector Restrictions: The applicant must not engage in work within sectors deemed restricted by the Government of Malaysia.

For expatriates acting solely as shareholders, the following conditions apply:

Shareholders must possess at least 30% equity in the company.
The individual must be a registered director with SSM and/or hold a significant position within the company.

Types of Employment Passes

Companies looking to apply for EP Category 3 must obtain prior approval from the Ministry of Home Affairs to request an exemption from the minimum salary requirement of RM5,000 before submitting their application.

Category 1

Applicants suggested positions such as CEOs, COOs, Managing Directors, or Senior Partners and earn a minimum monthly salary of RM10,000. They must also have an employment contract lasting 5 years or more. This Employment Pass (EP) is valid for up to 5 years and can be renewed in 5-year increments. Additionally, successful applicants are allowed to bring dependents and hire a foreign domestic helper.

Category 2

Applicants suggested managerial and professional roles, including positions such as managers, lecturers, directors, etc. Minimum earning a monthly salary between RM5,000 and RM9,999 and have an employment contract of at least 2 years. The EP is valid for up to 2 years and can be renewed in 2-year intervals. Applicants are also permitted to bring dependents and hire a foreign domestic helper

Category 3

Primarily designated for non-executive roles that demand considerable work experience and specialised technical or practical skills, applicants must earn a monthly salary between RM3,000 and RM4,999, accompanied by an employment contract lasting no more than 12 months. This EP can be renewed a maximum of two times, and applicants are not permitted to bring dependents or hire a foreign domestic helper.

Dependent Pass

The Dependent Pass allows family members of Employment Pass or S Pass holders to live in Malaysia. It provides a pathway for spouses and children to accompany expatriates while they work in the country, promoting family unity during their stay.

Eligibility

The Dependent Pass allows family members of Employment Pass or S Pass holders to live in Malaysia. It provides a pathway for spouses and children to accompany expatriates while they work in the country, promoting family unity during their stay.

Requirements

A valid passport with at least six months of validity.
A letter of sponsorship from the Employment Pass or S Pass holder.
Proof of relationship, such as a marriage certificate for spouses and birth certificates for children.
Medical examination may be required.
Valid for the duration of the primary pass holder's employment, with options for renewal.

S Pass

The S Pass caters to mid-skilled foreign workers filling skill shortages in specific sectors such as manufacturing, construction, and services. It aims to attract skilled labor while maintaining a focus on local employment.

Eligibility

Applicants must have a minimum monthly salary of RM 2,500 and hold relevant qualifications, usually at least a diploma.

Requirements

A job offer from a Malaysian employer.
The employer applies to the Ministry of Human Resources (MOHR) and must adhere to a quota system based on the number of Malaysian employees.
Valid for 2 years, with options for renewal.

Temporary Employment Pass

This pass is intended for semi-skilled and unskilled workers in industries like construction and agriculture. It supports the demand for labor in sectors that require manual or low-skilled work.

Eligibility

Generally open to workers without strict salary requirements, depending on the job role and sector.

Requirements

A job offer from a Malaysian employer.
Application submitted through relevant government authorities.
Medical examinations may be required prior to approval.
Valid for up to 2 years, depending on the employment contract.

Professional Visit Pass

The Professional Visit Pass allows foreign professionals to come to Malaysia for short-term assignments, training, or project work. It enables companies to benefit from international expertise for specific tasks.

Eligibility

Open to foreign professionals who do not require a strict salary threshold but must have a clear purpose for their visit.

Requirements

A letter from the Malaysian employer detailing the purpose of the visit.
A contract or agreement between the foreign professional and the Malaysian company.
Valid for up to 12 months, with potential for extension based on project duration.

Long-Term Social Visit Visa

This visa is intended for family members of Malaysian citizens or permanent residents, allowing them to reside in Malaysia for extended periods. It helps to maintain family unity and support.

Eligibility

Applicable to spouses, children, or parents of Malaysian citizens or permanent residents.

Requirements

A valid passport with at least six months of validity.
A sponsorship letter from the Malaysian citizen or resident.
Proof of relationship, such as a marriage or birth certificate.
Medical examination may be required.
Valid for up to 5 years, with options for renewal.

Malaysia My Second Home

The MMSH program is designed to attract foreigners who wish to reside in Malaysia on a long-term basis. It provides a pathway for individuals and their families to enjoy the lifestyle, culture, and amenities of Malaysia.

Eligibility

Applicants must be at least 21 years old.
Financial Requirements:
- Income Requirement: Applicants must demonstrate a minimum monthly income (currently RM 10,000 for those below 50 years and RM 5,000 for those 50 and above).
- Liquid Assets: Applicants must possess liquid assets of at least RM 500,000 for those under 50 years and RM 350,000 for those 50 and above.
Applicants must undergo a security clearance, ensuring they have no criminal record.
Applicants may need to attend an interview or provide additional documentation based on individual circumstances.

Benefits

Long-Term Residency: The visa is typically valid for 10 years and can be renewed indefinitely.
Spousal and Child Inclusion: Participants can bring their spouses and children under 21 years of age.
Property Ownership: Participants are allowed to purchase property in Malaysia, subject to certain conditions and minimum price thresholds.

Hire of Records

Hire of Records refers to the employment of foreign workers in Malaysia under specific conditions that comply with local labor laws. This process is typically utilized in sectors facing labor shortages.

Eligibility

Sector-Specific: Employers can hire foreign workers in certain industries such as construction, agriculture, manufacturing, and services.
Employer Registration: Employers must be registered with the Companies Commission of Malaysia and comply with regulations regarding foreign worker employment.

Requirements

Application Submission: Employers must submit applications to the relevant government authorities, detailing the need for foreign labor and demonstrating efforts to hire local talent.
Quota Compliance: Employers must adhere to quotas that regulate the number of foreign workers in relation to their Malaysian workforce.
Employers are required to provide documentation that includes:
- Job descriptions.
- Salary offers that meet the minimum wage requirements.
- Health insurance for foreign workers.

Regulatory Compliance

Employers must ensure that all foreign workers possess valid work permits and comply with Malaysian immigration laws.
Regular inspections may occur to verify compliance with labor laws and working conditions.

Malaysia Tech Entrepreneur Program (MTEP)

The MTEP is designed to attract foreign tech entrepreneurs who wish to establish and operate technology-driven businesses in Malaysia. This program supports the growth of the Malaysian tech ecosystem by fostering innovation and encouraging foreign investment in the technology sector.

Eligibility

Submit a viable tech-focused business plan.
Demonstrate relevant experience in the technology sector.
Minimum capital investment of RM 300,000.
Business must be registered with the Companies Commission of Malaysia (SSM).
Compliance with local laws and regulations.

Benefits

Work permit allows entrepreneurs to live and work in Malaysia.
Access to support services, networking, and mentorship.
Opportunities for regional expansion in the ASEAN market.

Approval and Licensing Requirements from Authorities

Companies governed by an Approving Agency or Regulatory Body are required to submit an approval letter for all categories of Employment Pass. These agencies oversee specific economic sectors and are responsible for the endorsement and support of expatriate roles within those fields.

Depending on the profession of the applicant, employers must apply for the Expatriate Post through one of the following government-approved agencies:

Malaysian Investment Development Authority (MIDA):
- For the manufacturing and services sectors.
Malaysia Digital Economy Corporation (MDEC):
- For the technology sector.
Central Bank of Malaysia (BNM):
- For finance, insurance, and banking industries.
Bioeconomy Corporation:
- For the biotechnology and bio-based sectors.
Securities Commission (SC):
- For the securities and futures markets.
Expatriate Committee (EC):
- Operating under the Immigration Department for sectors not previously mentioned.

After receiving approval from the Expatriate Committee or another authorized agency, the employer can then move forward with the application for the Employment Pass.

Example

Frequently asked questions

Shelf Company

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Employment Pass & Visa

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Employment Pass & Visa

Steps on Obtaining an Employment Pass

Required Documents

Eligibility Criteria

Requirements

Types of Employment Passes

Dependent Pass

Eligibility

Requirements

Approval and Licensing Requirements from Authorities

Frequently asked questions

Why would someone buy a Shelf Company?

Can I change the name of a Shelf Company?

Is it legal to buy and sell Shelf Companies in Malaysia?

Do Shelf Companies have any ongoing obligations?

Can I use a Shelf Company to apply for business licenses or permits?

Are there any specific industries that do not allow Shelf Companies?

Compliance

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