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GUIDELINE, PROCESS AND PROCEDURE FOR APPLICATION OF EXPATRIATE
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Headquarters of the Department of Immigration, Malaysia
(Ministry of Home Affairs)
Level 1-7 (Podium) Block 2G4, Precint 2,Federal Government Administration Centre,
62550 Putrajaya, FEDERAL TERRITORY
Telephone: 03-88801000 Fax: 03-88801200
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Definition of Foreign Expatriate
Foreigners who are qualified to fill in the following positions:
These are high level (1st level) managerial posts in foreign-owned private companies and firms operating in Malaysia . Key posts are posts essential for companies to safeguard their interests and investments. The expatriates are responsible in determining the company’s policies in achieving its goals and objectives.
Example : Executive Chairman, Chief Executive Officer, Managing Director, General Manager, Technical Director, Production Manager, Project Manager Or Factory Manager
These are intermediate level (2nd level) managerial and professional posts. The posts require academic qualifications, practical experience, skills and expertise related to the respective jobs. The expatriates are responsible for implementing the company’s policies and supervision of staff.
Example : Management Functions Such As Marketing Manager, Logistics Manager, Investment Manager And Quality Control Manager, Professional Such As Chief Engineer, Engineer Manager , Lecturer, Doctor, Architect etc.
These are posts for the performance of technical jobs that require specific technical or practical skills.
Example : Welder, Mould Maker, Tool & Die Maker, Manufacturing Systems Designer, Food/Nutrient Technologist, Fashion Designer, Specialist In Furniture Design & Ergonomics, Heat Setting Technician, Sewing Specialist, Craftsman/Engraving And Product/Flavouring Specialist
PROCESS TO EMPLOY EXPATRIATE
These are two stages in the employment of expatriates: Application for an expatriate post and an endorsement of employment pass.
First stage - application for approval (position) (There are 6 authorized Agencies)
Second stage - application for approval of related working permit ( Immigration Department of Malaysia)
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STAGE 1
There are 6 authorized bodies / agencies that are given authorization to approve the employment of Expatriates based on business activities of the company. The Agencies are:
- MIDA - Malaysian industrial Development Authority
- MDeC - Multimedia Development Corporation
- PSD - Public Service Department
- CBM - Central bank Malaysia
- SC - Security Commission
- EC - Expatriate Committee
MALAYSIAN INDUSTRIAL DEVELOPMENT AUTHORITY (MIDA)
The Expatriate Officer post for private companies in the following sectors:
- Manufacturing (existing and new company that is involved in the development proposal) sector
- Manufacturing Related Services sector
- Regional Establishment – Operation Headquarters, Representative establishment, International Acquisition Centre etc.
- Hotel and Tourism Industry
- Research and development Sector
Multimedia Development Corporation (MDeC)
Foreign knowledge workers in Information & Communication Technology for companies that have been granted the “MSC” status.
Public Service Department (PSD)
(To approve the contract of Expatriate to be employed in Public Sector)
- The medical doctor and medical nurse post in government hospitals/clinics.
- The lecturers/educators of Public Higher Education institution
- Public sector contract post
- The employment (job offer) is handled by Public Sector Commission / related Agency.
Central Bank Malaysia (CBM)
Employment in sector:
- Banking
- Financial
- Insurance
Security Commission (SC)
Employment in securities and futures industries
Expatriate Committee (EC)
For the post in other public and private sectors that are not under the jurisdiction of MIDA, MDeC, PSD, CBM and SC.
General guidelines…
How to determine the authorized agency that suits your company?
- Identify your company’s business activities
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Further Information on Expatriate Committee
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Expatriate Committee is under the jurisdiction of Ministry of home Affairs and Employment Pass Division of the Immigration Department acts as the secretariate to the committee. Members of the EC are as follows:
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1
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Ministry of Home Affairs (MOHA)
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Chairman
(SG/DSG)
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2
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Ministry of International Trade and Industry (MITI)
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Member
(Representative)
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3
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Ministry of Domestic Trade and Consumer Affairs (MDTCA)
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Member
(Representative)
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4
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Ministry of Education (MOE)
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Member
(Representative)
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5
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Ministry of Human Resources (MHR)
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Member
(Representative)
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6
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Construction Industry Development Board (CIDB)
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Member
(Representative)
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7
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Council Of Trust
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Member
(Representative)
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8
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Immigration Department of Malaysia
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Secretariate
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Basic Requirements For Application Of Expatriate Under Expatriate Committee (EC)
The application for Expatriate will be considered based on the following guidelines:
a) Minimum paid-up capital
b) Recommendation from related monitoring Agency
c) Registration of business activity with related monitoring Agency
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a) Minimum Paid–Up Capital
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No
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Equity
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Capital
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1
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100% local owned
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RM 150,000
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2
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Local and foreign owned
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RM 200,000
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3
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100% foreign owned
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RM 250,000
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b) Recommendation From Related Monitoring Agency
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No
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Agency
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Sector
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1
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Ministry Of Higher Education
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Higher Education (Diploma Level And Above)
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2
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Ministry Of Education
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Primary And Secondary Education
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3
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Ministry Of Health (MOH)
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Modern Medical Practices And Health Care, Nursing, Traditional And Complementary Medicine And Health Care
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4
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Football Association Of Malaysia (FAM)
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Football Club/Association Affiliated With FAM
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5
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National Sports Council (Msn)
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Sports
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6
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Department Of Civil Aviation Malaysia (DCA)
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Civil Aviation And Civil Aviation Related Services
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7
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Ministry Of Tourism Malaysia
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Travel Agencies Related To Tourism Industry
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c ) Registration Of Business Activity With Related Monitoring Agency
Construction Industry Development Board (CIDB)
- For the company related to construction sector
Ministry of Domestic Trade and Consumer Affairs (KPDN& HEP)
- For the company with foreign equity that carries out wholesale marketing and retail business (including restaurant) and direct selling.
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Other Criteria That Considered Under Ec
The application will be considered based on the criteria as follows:
a) The appropriateness of the scope of the job in relation to the company’s activity
b) Minimum monthly salary to identify whether the application is an expatriate or a foreign worker
c) Age and working experience of expatriate, i.e the applicant is of an age suitable for the and has the working experience
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Status of The Application For Expatriate Under Expatriate Committee (EC)
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- Can be verified through Immigration Department of Malaysia Website at www.imi.gov.my
- By mail
Publicize on the informative board at:
- Expatriate Committee’s Unit,
- Employment Pass Division,
- Immigration Department of Malaysia (Headquarters) Putrajaya
The required documents are:
Applications shall be made to Expatriate Committee by completing the applications form:
1. Authorization letter from company
2. Completed DP10 form
3. Covering letter explaining company activities and job
justifications
(Appeal letter if related)
4. Expatriate officer’s resume
i. Photocopy of academic qualifications
(Must be verified by Human resources Manager and above)
5. Latest Print-out Companies Commission of Malaysia , Form 9, 24, & 49
(Copies must be verified by Companies Commission of Malaysia)
6. Recommendation letter from related agency
(For the following activities/discipline):
- Education - Ministry of Higher Education/Ministry of Education
- Medical - Ministry of Health (modern/traditional)
- Tourism - Ministry Of Tourism
- Aviation - Department of Civil Aviation Malaysia
- Sports - National Sports Council
- Football - Football Association of Malaysia (FAM)
- Equestrian - Equestrian Association of Malaysia
7. Business license from local authority (PBT)
8. i. CIDB license / project contract- (construction only)
ii. Direct selling license from KPDN & HEP – (direct selling only)
iii. Approval letter WRT from KPDN & HEP
– (For the company with foreign equity that carries out
wholesale transaction and retail/restaurant)
Companies should submit their applications by hand or by mail to
Expatriate Committee
Employment Pass Division
Immigration Department of Malaysia (Headquarters) Level 3, Block 2G4 (Podium)
Precint 2 Pusat Pentadbiran Kerajaan Persekutuan
62550 Putrajaya
Wilayah Persekutuan
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STAGE 2
The second stage is the process of endorsement of employment pass or passes related to expatriate post after getting approval from EC or other approving agencies.
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The Required Documents Are
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- Complete set of application consists of:
- Identification as company’s officer OR Authorization letter
- Completed DP11 Form attached with a photograph of the Expatriate
- Offer and acceptance Letter OR Employment Contract (Stamped RM10.00 at Duty Stamp Office) for Visit Pass (Temporary Employment)
- Photocopies of the latest passport of the Expatriate ( 2 copes for PRC national)
And (If Applicable)
- To attach the approval letter from MIDA/CBM/SC/PSD/MOHA whichever applicable (not applicable for approvals from EC and MDeC)
- To attach a company’s corporate information’s print-out from Companies Commission of Malaysia (CCM) OR form 9, 24 & 49 for MIDA and EC approval (if there is conditional approval from JKPD to increase the paid up capital)
- To attach the Expatiate’s resume, a photocopy of certificate / Diploma/ degree for MIDA approval of posts other than key posts. (if MIDA’s approval is for both the post and the expatriate, the document is not necessary).
- To attach the release letter from a previous employer
Companies should submit their applications by hand to :
Employment Pass Division
Immigration Department of Malaysia (Headquarters)
Level 3, Block 2G4 (Podium)
Precint 2
Pusat Pentadbiran Kerajaan Persekutuan
62550 Putrajaya
Wilayah Persekutuan
Or
The nearest Immigration Department of Malaysia state office
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Fees
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Employment Pass in the pass that is granted to Foreign Expatriates in order for them to work and stay in this country legally. Nevertheless, there are cases where the Expatriate are only given the Visit Pass (Temporary Employment) to work in this country.
A levy will be imposed on the Visit Pass (Temporary Employment)) according to sector:
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Levy For Visit Pass (Temporary Employment)
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NO
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FEES
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PENINSULAR
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SABAH AND SARAWAK
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PER ANNUM
(RM)
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PER ANNUM
(RM)
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PER ANNUM
(RM)
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1
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MANUFACTURING
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1,200.00
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100.00
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960.00
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2
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CONSTRUCTION
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1,200.00
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100.00
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960.00
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3
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PLANTATION
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540.00
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45.00
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540.00
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4
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AGRICULTURE
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360.00
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30.00
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360.00
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5
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SERVICE
a. Restaurant
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1,800.00
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150.00
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1,440.00
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b. Washing and refinement
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1,800.00
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150.00
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1440.00
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c. Cargo Handling
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1,800.00
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150.00
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1440.00
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d. Dobby
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1,800.00
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150.00
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1440.00
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e. Caddies
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1,800.00
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150.00
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1440.00
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f. Barber Shops
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1,800.00
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150.00
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1440.00
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g. Retail &Wholesale Business
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1,800.00
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150.00
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1440.00
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h.Textile
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1,800.00
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150.00
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1440.00
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i. Metal, Old and Faded, and used Items
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1,800.00
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150.00
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1440.00
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6
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WELFARE HOMES
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600.00
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50.00
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600.00
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OTHERS
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1,800.00
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150.00
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1,440.00
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1. FEES ARE AS FOLLOWS:
1.1. EMPLOYMENT PASS
(for the approved position with minimum salary of RM 3,000.00 and at least 2 years working contract)
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1.1.1 Key Post (Approved by MIDA)
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RM 300.00 per annum or part of it
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1.1.2 Management/High Level/ Professional/Mid Level/ Technical position
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RM 200.00 per annum or part of it
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2. THE LEVY RATES ARE AS FOLLOW
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2.1 Employment Pass
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NO LEVY
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2.2 Visit Pass (Temporary Employment)
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AS SHOWN ABOVE
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3. OTHERS FEES:
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3.1 Processing Fees Employment Pass , Visit Pass (Temporary Employment)
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RM 50.00(Per Application/Post)
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3.2 Fees For “Journey Performed” Visa
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RM 500.00
(Per Application/Post)
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Spouse Programme
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Expatriate married to Malaysian is entitled to apply for the related employment pass without going through the Level 1 process. They only have to completed Level 2 process under Spouse Programme.
Nevertheless, the applicants who wish to work in education and health sectors have to be recommended by related agency.
Application Procedures:
Applicant must present with spouse upon submission of the application at the Immigration Department of Malaysia. Third party or representative will not be considered.
The required document:
- Completed set of application consisting:
- Cover letter explaining the company’s activities and justifications for the post.
- Completed DP11B Form attached with a photograph of the foreign expatriate spouse AND Malaysian spouse.
- Officer and Acceptance Letter OR Employment Contract Stamped RM10.00at Duty Stamp Office) OR Personal Bond (Stamped RM10.00at Duty Stamp Office) for Visit Pass (Temporary Employment).
- Photocopy of the latest passport of the foreign expatriate spouse AND Malaysia spouse.
- Photocopy of husband/wife MyKad
- Photocopy of marriage certificate (certified by Religious Department)/ Registered marriage abroad/ Malaysia (certified by Department Of National Registration)
- Completed marriage declaration form (testified by Commissioner for Oaths)
AND (IF APPLICABLE)
i. To attach the approval letter / recommendation letter from C BM , SC , PSD, MOHA/ MOH, MOE whichever applicab le.
ii. To attach a company’s corporate information’s print-out from Companies Commission of Malaysia (CCM) OR Form 9, 24 & 49 of Form D.
iii. To attach the Expatriate’s resume, a photocopy of certificate/Diploma / degree.
iv. To attach the release letter from a previous employer.
Companies should submit their applications by hand to:
Employment Pass Division
Immigration Department of Malaysia (Headquarters)
Level 3, Block 2G4 (Podium)
Precint 2 Pusat Pentadbiran Kerajaan Persekutuan
62550 Putrajaya
Wilayah Persekutuan
Or
The nearest Immigration Department of Malaysia state office
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Immigration Facilities Under Dependent Pass
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Dependent Pass
Married Expatriate with Employment Pass are entitle for Immigration facilities under Dependent Pass.
Entitled to:
- Wife
- Children below 21 years old
- Handicapped children
- Legally adopted children
Application procedures:
Can be submitted together with the application for Employment Pass or after Employment Pass have been approved.
Required document are:
- Cover letter from the Expatriate’s company
- DP11 From
- 2 passport sized photo
- Proof of Marriage
- Children’s birth certificate
Fees:
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Pass fee
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RM 90.00
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Process fee
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RM 50.00
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JP Visa fee
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RM 500.00 (if relevant)
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Visa fee
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according to country
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Visit Pass (Social)
Entitled to:
- Husband of an Expatriate
- Parents of an Expatriate
- Common Law Wife (must be verified by Embassy)
- Children above 21 years old
- Step Children
Procedures:
Can be submitted together with the application for Employment Pass or after Employment Pass have been approved.
Required documents are:
- Cover letter from the Expatriate’s company
- DP11 Form
- 1 passport sized photo
- Embassy’s Verification on Expatriate’s relationship with applicant.
Fees:
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Pass fee
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RM 90.00
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Process fee
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RM 50.00
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JP Visa fee
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RM 500.00 (if relevant)
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Visa fee
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according to country
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OTHER FACILITIES
a) Permission To Do Charity Works In Malaysia
Entitled To:
Expatriate’s wife who holds Dependent Pass
Procedures:
- Written application to Head Director of Immigration or Director of Employment Pass or Director of State Immigration Office.
- Doesn’t make fixed income
- No activity against Malaysian culture and ethics
- Charity works defined as follow:
- Old Folks Home
- Disable Children Shelter
- Foster Children Home
- Charity Home
- Red Cross Association
Required documents are:
- Letter of Offer from the Employer
- Copy of Passport stamped with Dependent Pass following the husband holding the Employment Pass
- IMM 12 Form ( 2 copies)
Fees:
Excluded/Fee
b) Education Facilities To Expatriate’s Children
Entitled to:
- Expatriate’s Children below 18 years old
- Expatriate’s Children below 18 years old and entered Malaysia with Dependent Pass are allowed to study without having to apply for Student Pass
Conditions:
- School/institutes with recognition from Malaysian Government
- Meet the Student Pass requirement
Required documents are:
- Cover letter from the Expatriate’s company
- Documentary proof of acceptance from Public Higher Education Institution/Private Higher Education Institution/Secondary School/Primary School/Pre-school
- Copy of Expatriate (Expatriate) & Dependent (Student) Passport
- ‘Student’s personal data’ form
- Other related documents
Fee:
Excluded/Free
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Other Immigration Facilities for Expatriates
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1. Service at the Executive Counter
- Executive Counter has been provided at the Immigration Headquarters, Employment Pass Division, Level 3, Block 2G4, Precint 2, Putrajaya since 2005 and has been extended to all state Immigration Office since December 2007. all expatriates holding executive / professional posts as well as managerial posts are welcome to the Executive Counter.
2. Overlapping of passes for purpose of handing over of Key Post
- Is allowed for a period of maximum 3 months
3. Special approval for expatriates to bring along their maids regardless of nationality of the maids.
- Application can be done before or after the expatriate enters Malaysia . The process and procedure is similar to the process and procedure of applying approval for dependent of the expatriate.
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Additional Informations
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VISA ON ARRIVAL FACILITIES FOR EXPATRIATE
Malaysian Government has decided to give Visa on Arrival (VOA) facilities to the Expatriate including of wife, children and maid.
Procedures and conditions:
- Applicant must present at the Immigration Office
- Visa Application Form IM 47
- Applicant must possess origin country passport that is valid for the next 24 month
- Visa On Arrival will only be granted upon approval of the Employment Pass by the approving agencies.
With Visa on Arrival (VOA), Expatriate and Dependent would be exempted from Journey Perform Visa
Can be applied at :
- Kuala Lumpur International Airport (KLIA)
- Kuching International Airport , Sarawak
- Kota Kinabalu International Airport , Sabah
COOLING OFF PERIOD TO EXPATRIATE
Expatriate who intends to work with another company will be imposed “Cooling off Period” for six month if the former employer resist to issue release letter for that purposes.
Exceptions of “COOLING OFF PERIOD"
- Expatriate is the share holder
- The Employer are the ‘common share holder’ or ‘common director’ in both new and previous company
- Expatriate’s services are no longer required
- Expatriate’s services were terminated because of the economic crisis
- Former Employer was inactive/bankrupt
- Expatriate switch employment from private company to government agency
- Expatriate switch employment from government agency to another government agency
- Changes of Employer vertically
- Released from Previous Employer
- Exemption appeal letter from the Expatriate's company
USEFUL INFORMATIONS
Countries That Shall Need Visa To Work In This Country
- Sub. Continent Countries:
1. Bangladesh
2. India
3. Pakistan
4. Sri Lanka
1. Angola
2. Burkina Faso
3. Burundi
4. Cameroon
5. Central African Republic
6. Congo Democratic republic
7. Congo Republic
8. Cote D’Ivoire
9. Djibouti
10. Equatorial Guinea
11. Eritrea
12. Ethiopia
13. Ghana
14. Guinea-Bissau
15. Liberia
16. Mali
17. Mozambique
18. Niger
19. Nigeria
20. Rwanda
21. Western Sahara
1. Afghanistan (Visa with reference)
2. Bhutan
3. Colombia
4. Myanmar
5. Nepal
6. PR China
7. Taiwan
1) All Holders Of Cert. Of Identity
2) All Holders Of Laisser Passer
3) All Holders Of Titre De voyage
Visa Are Not Required For :
ADDITIONAL INFORMATIONS
- The validity of passport or travel document
- Validity of the pass endorse will not exceed the validity of passport.
- Proper entry into Malaysia
- Those who are required to have a reference visa for purpose of working in Malaysia must get the Visa before entry into Malaysia .
- For those with two (2) citizenship, change of passport is not allowed for entrance and exit purpose.
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