www.BCH.my              EMPLOYMENT PASSES IN MALAYSIAThere are two passes issued for the purpose of employment, namely:•  ...
www.BCH.my1. Application procedureThe application procedure for an Employment Pass is a two-stage process:1.1 The applican...
www.BCH.my•    resume and copies of the academic qualifications of the expatriate;•     if the employer is a Malaysian com...
www.BCH.mydirectly engage non- Malaysians must apply for an Employment Pass or a Visit Pass (TemporaryEmployment).OTHER PA...
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Employment passes in malaysia - bch.my

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We also provide other services such as Immigration Services, Work Permit Malaysia, MM2H Services, Company Formation, Regional Office Malaysia, Malaysia Payroll, Accounting Services. Call us now +603-20789990 or visit our website http://www.bch.my for more information!

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Employment passes in malaysia - bch.my

  1. 1. www.BCH.my EMPLOYMENT PASSES IN MALAYSIAThere are two passes issued for the purpose of employment, namely:• Employment Pass; and• Visit Pass (Professional).There is no definition of "taking up employment" in Malaysia under the Immigration Act butthis could include any activity conducted in Malaysia by a person as an employee, whether for aforeign employer or Malaysian employer.A. Employment PassAn Employment Pass is issued to a managerial or professional-level foreigner who is to beemployed by a Malaysian employer (i.e. Malaysian incorporated subsidiary, Malaysianregistered branch of a foreign corporation or a Malaysian representative office). Any employerapplying for an Employment Pass must show why the foreigner must be employed rather than aMalaysian citizen or permanent resident. An acceptable reason is that there is no Malaysiancitizen or permanent resident available who is suitable in terms of academic qualifications andrelevant practical experience or technical skills. An Employment Pass will allow the holder toengage in a full range of employment activities.Application for an Employment Pass should be made three months prior to the arrival of theforeigner. However, it is common, although not advisable, for a foreigner to enter on a VisitPass (Business) obtained by oral application at the point of entry (or at the relevant MalaysianConsulate prior to traveling) and for the employer to thereafter apply for an employment passprior to the foreigner taking up employment. If the foreigner intends to take up employmentimmediately, the employer could apply for a Visit Pass (Temporary Employment)simultaneously with the application for an Employment Pass.A limited number of Employment Passes may be granted to foreigners employed by aMalaysian subsidiary. The general policy of the Immigration Department is not to grantemployment passes to foreigner employees of a branch of a foreign company except with aletter of support from a Ministry or government body, such as where the branch is involved in agovernment project. However, it appears this policy has recently been slightly relaxed and itmay be possible for the Immigration Department to grant up to two (2) Employment Passes toforeign employees of a branch office for key positions. Suite. 21.02 & 03, 21st Floor Menara Haw Par Jalan Sultan Ismail 50250 Kuala Lumpur Tel : +603-20789990 Fax : +603-20780991 W : www.BCH.my F: www.Facebook.com/beyondcorporate T : www.Twitter.com/beyondcorporate Email Us at info@bch.my
  2. 2. www.BCH.my1. Application procedureThe application procedure for an Employment Pass is a two-stage process:1.1 The applicant company applies for an expatriate post (an application "for the services ofan expatriate"), by submitting a completed Form DP 10. This form must be submitted in twosets accompanied by a letter of justification in the Malay Language from the employer justifyingwhy the post must be held by a foreigner, whether there are any pre-requisites, qualificationsand 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 Malaysianeconomy and the labor force.The following information and documents are to be furnished in support of the application:• particulars of applicant company;• employment structure according to category;• copy of duly stamped short-form employment contract;• copy of expatriates passport;• job description;• corporate documentation of the employer i.e. Memorandum and Articles of Association;• where required, copy of approval of relevant Malaysian governmental agencies;• 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; and• resume and copies of the academic qualifications of the expatriate.1.2 Following approval of the expatriate post, the application for the issue of theEmployment Pass must be submitted together with:• three recent passport sized photographs of the expatriate applicant;• copy of the expatriates passport;• completed Form DP 11;• the original short-form employment contract between the company and the expatriate,duly stamped;• cover letter from the employer making reference to the approval of the post andrequesting issue of an Employment Pass to the relevant expatriate; Suite. 21.02 & 03, 21st Floor Menara Haw Par Jalan Sultan Ismail 50250 Kuala Lumpur Tel : +603-20789990 Fax : +603-20780991 W : www.BCH.my F: www.Facebook.com/beyondcorporate T : www.Twitter.com/beyondcorporate Email Us at info@bch.my
  3. 3. www.BCH.my• resume and copies of the academic qualifications of the expatriate;• if the employer is a Malaysian company, Forms 9, 13, 24 and 49 and the Memorandumand Articles of Association of the company;• if the employer is a Malaysian branch, Forms 79 and 83 and the Memorandum andArticles of Association of the company;The application must be supported by a declaration and covenant made by a person resident inMalaysia, who may be the auditor, chief executive officer, or the agent of the company. AnEmployment Pass is generally issued for a period of 1 to 2 years. An application for renewalbefore its expiry may be submitted but there is no guarantee of approval.Temporary Employment PassIf a Malaysian company requires the immediate services of the foreigner for whom anapplication for an expatriate post has been made, the company can apply for a Visit Pass(Temporary Employment) in the interim, usually valid for a period of three months, i.e. theapproximate duration for the approval of the principal application. It may be possible to extendthe Visit Pass (Temporary Employment) prior to its expiry but this is subject to the eventualdecision on the principal application.The procedure and the forms for application for a Visit Pass (Temporary Employment) aresimilar to that for the Employment Pass, except that Form IM12 (in duplicate) must besubmitted instead of Form IM8.B. Visit Pass (Professional)A Visit Pass (Professional) is for engaging in a professional occupation or work in Malaysia. Inthe application, the applicant must, with a letter of support from the local sponsor disclose theactivities which the applicant intends to conduct in Malaysia. The local sponsor must agree tobe responsible for the maintenance and repatriation of the foreigner from Malaysia should itbecome necessary. A pass holder may conduct the activities for which the pass has beenapproved. It is a condition of the Visit Pass (Professional) that any change in the business orprofessional purposes for which the Visit Pass (Professional) is issued must be made with thewritten 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 beextended to a maximum period of one year. Pursuant to recent regulatory changes, a Visit Pass(Professional) may only be used for secondments and the intended holder must register withthe Malaysian Inland Revenue Board before submitting the application. Employers seeking to Suite. 21.02 & 03, 21st Floor Menara Haw Par Jalan Sultan Ismail 50250 Kuala Lumpur Tel : +603-20789990 Fax : +603-20780991 W : www.BCH.my F: www.Facebook.com/beyondcorporate T : www.Twitter.com/beyondcorporate Email Us at info@bch.my
  4. 4. www.BCH.mydirectly engage non- Malaysians must apply for an Employment Pass or a Visit Pass (TemporaryEmployment).OTHER PASSESFor a short stay in Malaysia, other than for employment, such as for social purposes or forbusiness, aVisit Pass (Social) or a Visit Pass (Business) may be obtained at the point of entry intoMalaysia.A. Visit Pass (Social)A Visit Pass (Social) is solely for the purpose of a social or tourist visit. A person who has beenissued with a social or tourist visit pass is not permitted to take up employment, business orprofessional work while in Malaysia.B. Visit Pass (Business)A Visit Pass (Business) is for conducting business negotiations or inspection of business housesand not for employment or supervising installation of machinery or construction of factories.Permissible business activities under a Visit Pass (Business) include:i. as owners / company representatives for the purpose of attending company meetings,seminars, inspection of accounts or to ensure the smooth running of the company;ii. as investors or businessmen for the purpose of examining business opportunities andinvestment potential;iii. as a representative of a foreign company, for the purpose of introducing products orservices that he or she represents to Malaysia (but not selling or distributing products orperforming services);iv. as foreign participants to attend business seminars, talks or conferences; andv. as foreign owners of properties in Malaysia such as land, plantations or buildings, for thepurposes of selling, mortgaging or developing their properties.We also provide other services such as Immigration Services, Work Permit Malaysia, MM2HServices, Company Formation, Regional Office Malaysia, Malaysia Payroll, Accounting Services.Call us now +603-20789990 or visit our website http://www.bch.my for more information! Suite. 21.02 & 03, 21st Floor Menara Haw Par Jalan Sultan Ismail 50250 Kuala Lumpur Tel : +603-20789990 Fax : +603-20780991 W : www.BCH.my F: www.Facebook.com/beyondcorporate T : www.Twitter.com/beyondcorporate Email Us at info@bch.my

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