Work Visas
How to apply for a work permit in Malaysia
Work permits in Malaysia are usually obtained by the employer. If you own a company and want to hire a foreign national, be prepared for a long and exhausting process.
Employees and their families coming to Malaysia, who have not obtained work permits before arrival, are allowed to enter the country on social passes and to obtain the work permit afterwards. As Malaysia imposes stringent laws for illegal workers, it is highly recommended not to start working before the working permit is issued.
Dependents of work permit holders have to apply for own working permits if they wish to work in Malaysia.
Requirements for work permits
As for employers, any information regarding the visa process, requirements or the necessary forms, can be viewed on the official website of the Malaysian Immigration Department.
RECRUITMENT TERMS AND CONDITIONS OF FOREIGN WORKERS
APPLICATION PROCEDURES
Phase 1 (Pre Arrival )
- Employers must first get the PASS Immigration Security Clearance (ISC) result at the ISC centre in the source countries.
- Employers must first apply to the Immigration Department for a Visa with Reference (VDR) approval before employing foreign workers.
- Application forms for VDR can be submitted either at the Immigration counters or online via e-Services system
VDR application must follow this checklist:
Note: For Sabah and Sarawak, the approval for foreign worker’s employment is governed by the State Government accordingly.
Phase 2 (Post Arrival)
EXTENSION OF VP(TE)
I. Passport of the foreign worker is still valid for 12 months and above
II. Application letter to extend the VP(TE)
III. Identification document of employee/ company representative (SSM company / Form 49 / Form B & D / Card Company Representative / Form Company representatives have endorsed / copy of the employer 's identity card)
IV. Security bond in a form of bank guarantee / insurance guarantee / deposit ( validity period of bank guarantee / insurance guarantee is at least 18 months )
V. Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) – except for plantation sector
VI. Slip of Foreign Workers Compensation Scheme ( FWCS )
VII. Foreign workers must undergo medical examination and certified fit by the clinic/ medical centre registered with FOMEMA (for 2nd and 3rd year extension only).
EMPLOYMENT PERIOD AND REPATRIATION
The following fees must be paid to the Immigration Department for VP(TE) extension application:
Table 1 : Rate of Levy, VP(TE) and process fee based on different sectors
Table 2 : Rates of Visa and security bond based on nationality
2. must not work as front liner;
3. change of employers or employment sectors is not allowed; and
- Only permitted to work in these sectors - Manufacturing, Construction, Plantation, Agriculture and Services;
- Quota of foreign workers must be obtained by employers / companies from Ministry of Home Affairs, One Stop Centre (OSC);
- Age of not less than 18 years and not more than 45 years at the time of application;
- Certified PASS for Immigration Security Clearance (ISC) at the source country;
- Certified as fit and healthy by the approved medical centre in the source countries; List of medical centre
- Not listed as foreign individuals who are prohibited from entering this country under Section 8 (3) of the Immigration Act 1959/1963; and
- Foreign workers must come from approved source countries as below:
Country | Gender | Sector | |
F | M | All Sectors (Construction, Plantation, Agriculture, Services, Manufacturing) | |
| Thailand | / | / | |
| Cambodia | / | / | |
| Nepal | / | / | |
| Myanmar | / | / | |
| Laos | / | / | |
| Vietnam | / | / | |
| Philippines | X | / | |
| Pakistan | / | / | |
| Sri Lanka | / | / | |
| Turkmenistan | / | / | |
| Uzbekistan | / | / | |
| Kazakhstan | / | / | |
| India | / | / | a. Construction(high tension cable) ; b. Services (goldsmith, wholesale/ retail, restaurant-cooks only, metal/ scrap materials and recycling, textiles and barbers); c. Agriculture; and d. Plantation |
| Indonesia | / | / | Male workers from Indonesia are allowed to work in all sectors except Manufacturing, while female workers from Indonesia are allowed to work in all sectors stipulated. |
| Bangladesh | / | / | Plantation via G to G agreement |
APPLICATION PROCEDURES
Phase 1 (Pre Arrival )
- Employers must first get the PASS Immigration Security Clearance (ISC) result at the ISC centre in the source countries.
- Employers must first apply to the Immigration Department for a Visa with Reference (VDR) approval before employing foreign workers.
- Application forms for VDR can be submitted either at the Immigration counters or online via e-Services system
VDR application must follow this checklist:
- VDR application form
- Approval letter from Ministry of Home Affairs (Quota approval)
- Original receipt of payment for levy
- IM.12 and IM.38 Forms
- Security bond - deposits / insurance guarantee / bank guarantee (insurance guarantee must be stamped and valid for at least 18 months )
- Copy of the foreign workers’ passports
- Latest photo of the foreign workers (passports size)
- Medical certificates from the medical centre in origin countries (valid for 3 month from the date of issuance)
- Foreign Worker Compensation Scheme (insurance)
- Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) - Except for Plantation Sector
- Foreign workers will only be allowed to enter the country at the authorized entry points using the VDR issued by the Immigration Department and entry visa issued by the Malaysian Attachés Office in the country of origin.
- Employers must ensure that the clearance process of foreign workers at the entry points is done within 24 hours from the arrival time.
- The issuance of Visit Pass (Temporary Employment) [VP(TE)] to the foreign workers will only be done after they have passed the FOMEMA medical examination within 30 days which can be done at any medical centres registered with FOMEMA.
- VP(TE) will be issued once the foreign worker is certified fit by clinic/ medical centre registered with FOMEMA. Failing which, the foreign worker will not be allowed to stay and work in this country. Employers are required to apply for Check Out Memo for the repatriation of the foreign worker.
- Issuance of VP(TE) shall be made at the Immigration Office which issued the VDR approval letter.
- VP(TE) is valid for a period of 12 months. Employers can apply for VP(TE) extension 3 months before the expiry date.
- Employers must ensure the extension application is made before the VP(TE) expires. Any application submitted after the expiry date will be referred to the Immigration Enforcement Division for consideration.
I. Passport of the foreign worker is still valid for 12 months and above
II. Application letter to extend the VP(TE)
III. Identification document of employee/ company representative (SSM company / Form 49 / Form B & D / Card Company Representative / Form Company representatives have endorsed / copy of the employer 's identity card)
IV. Security bond in a form of bank guarantee / insurance guarantee / deposit ( validity period of bank guarantee / insurance guarantee is at least 18 months )
V. Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) – except for plantation sector
VI. Slip of Foreign Workers Compensation Scheme ( FWCS )
VII. Foreign workers must undergo medical examination and certified fit by the clinic/ medical centre registered with FOMEMA (for 2nd and 3rd year extension only).
EMPLOYMENT PERIOD AND REPATRIATION
- Foreign workers are allowed to work in this country on a yearly basis up to 10 years. However, those registered under the 6P Program is allowed to work up to 3 years only.
- Upon completion or termination of employment, the employers must ensure that foreign workers are deported to their origin countries by using Check Out Memo. Security bond can be claimed provided the repatriation process is done accordingly through Check Out Memo
FEES FOR VP(TE) EXTENSION -
SECTOR | LEVY (Peninsular) | LEVY(Sabah/ Sarawak) | VP(TE) | PROCESS | VISA |
| Manufacturing | RM1,250.00 | RM1,010.00 | RM60.00 | RM125.00 | Based on nationality |
Construction | RM1,250.00 | RM1,010.00 | RM60.00 | RM125.00 | |
Plantation | RM590.00 | RM590.00 | RM60.00 | RM125.00 | |
Agriculture | RM410.00 | RM410.00 | RM60.00 | RM125.00 | |
Services | RM1,850.00 | RM1,490.00 | RM60.00 | RM125.00 | |
| Services (Island resort) | RM1,250.00 | RM1,010.00 | RM60.00 | RM125.00 |
NATIONALITY | VISA (RM) | SECURITY BOND (RM) |
Indonesia | 15.00 | 250.00 |
Bangladesh | 20.00 | 500.00 |
Pakistan | 20.00 | 750.00 |
Myanmar | 19.50 | 750.00 |
India | 50.00 | 750.00 |
Philippines | 36.00 | 1,000.00 |
Thailand | Gratis | 250.00 |
Cambodia | 20.00 | 250.00 |
Nepal | 20.00 | 750.00 |
Vietnam | 13.00 | 1,500.00 |
Sri Lanka | 15.00 | 750.00 |
- Payment can be made in cash or bank drafts to the "Director General Of Immigration Malaysia". For the state office, address it to the "Director Of Immigration of (the respective states)”. For example; Director Of Immigration Selangor)
- Foreign workers who hold the VP(TE) permit must adhere to these conditions :
2. must not work as front liner;
3. change of employers or employment sectors is not allowed; and
4. marriage is prohibited with local or foreign citizens.
- leaving work place without notifying the employers with the intention to escape; and
- not returning to work place after coming back from origin country
2. Employers are required to notify the Immigration Department for absconded cases and must provide these documents:
- identification document of employer/company representative
- Copy of foreign worker’s passport
- Foreign worker absconded form
- Valid police report
* Foreign workers who commit the act of abscondment will be blacklisted by the Immigration Department.
* Their security bonds will be confiscated as well.
ABSCONDMENT OF FOREIGN WORKERS
1. Foreign workers can be categorized as absconded when: - leaving work place without notifying the employers with the intention to escape; and
- not returning to work place after coming back from origin country
2. Employers are required to notify the Immigration Department for absconded cases and must provide these documents:
- identification document of employer/company representative
- Copy of foreign worker’s passport
- Foreign worker absconded form
- Valid police report
* Foreign workers who commit the act of abscondment will be blacklisted by the Immigration Department.
* Their security bonds will be confiscated as well.
FOREIGN WORKERS (COLOURED) IDENTITY CARD BY SECTORS OF EMPLOYMENT (i-KAD)
- Foreign workers with valid VP(TE) will also be issued the i-Kad and its validity period is the same with the VP(TE).
- The issuance of i-Kad does not incur any additional cost to the employers and it will be sent directly to the employer/company by the authorized vendor.
- The issuance of i-Kad is based on 6 employment sectors allowed in this country and they are indicated by different colours, as follows:
SECTOR | COLOUR |
Agriculture | Green |
Plantation | Orange |
Construction | Grey |
Manufacturing | Maroon |
Services | Yellow |
Foreign Domestic Helper | Brown |
Work passes
Depending on the type of job and skills, different working passes are issued when obtaining a work permit.
- Employment Pass: This pass is issued to employees with specific skills, usually for technical or managerial jobs. The minimum period is usually 2 years.
- Temporary Employment Pass: Issued for employment for less then 2 years or for jobs with a monthly salary less than RM 5000.
- Professional Visit Pass: Issued to foreign nationals who remain employed by the company in the home country but are required by a Malaysian company to provide certain services for a period up to 6 months.
No comments:
Post a Comment