Immigration Procedure
Passport Requirements
Visa Requirements
Entry into Malaysia
Employment of Expatriate Personnel
Application for Expatriate Posts
Employment of
Foreign Workers
All persons entering Malaysia must possess valid national passports or other internationally recognized travel documents valid for travel to Malaysia. These passports or travel documents must be valid for at least six months beyond the date of entry into Malaysia.
Those who are in possession of passports which are not recognized by Malaysia must apply for a document in lieu of a passport and visa which is issued by Malaysian missions abroad.
Commonwealth citizens (except for India, Bangladesh, Pakistan and Sri Lanka), British protected persons or citizens of the Republic of Ireland and citizens of Switzerland, the Netherlands, San Marino and Liechtenstein do not need a visa to enter Malaysia.
Citizens of certain countries which include Austria, Belgium, Denmark, Finland, Germany, Iceland, Japan, Republic of Korea, Luxembourg, Norway, Sweden, Saudi Arabia, Tunisia, Turkey, Italy, United Arab Emirates and the United States of America do not require a visa for a visit not exceeding three months.
Citizens of ASEAN countries, Argentina, France, Hungary, Poland and South Africa do not need a visa for a visit not exceeding one month.
Citizens of East European Countries, Baltic and Commonwealth of Independent States, Afghanistan, Iran, Iraq, Libya, Romania and Syria do not need a visa for a visit not exceeding two weeks.
Citizens of North Korea, Cuba, the Socialist Republic of Vietnam, the People’s Republic of China and holders of Hong Kong Certificate of Identity, Myanmar and Taiwan are allowed to enter Malaysia subject to their application for a visa being approved.
Application for Visas
Application for visas for the purpose of entry into Malaysia should be made at the nearest Malaysian mission abroad. In countries where Malaysian missions have not been established, applications should be made to the nearest British High Commission or Embassy.
3.1 Passes to be Obtained at Point of Entry
A visit pass for the purpose of a social, tourist or business visit may be obtained at the point of entry if the visitor can satisfy the immigration authority at the point of entry that he has a valid passport and visa (wherever applicable).
The types of passes issued are as follows:
(i) Visit Pass (Social or Tourist)
Visit passes (social or tourist) are issued solely for the purpose of a social or tourist visit. A person who has been issued with a social or tourist visit pass is not permitted to take up employment, business or professional work while in Malaysia.
(ii) Visit Pass (Business)
Visit Passes (Business) are issued to:-
- owners and company representatives entering for the purpose of attending company meeting, seminar, inspection of company's account or to ensure the smooth running of the company
- investors or businessmen entering for the purpose of looking at business opportunities and investment potential
- foreign representatives of companies entering for the purpose of introducing their goods that are to be manufactured in Malaysia, but not engaging in direct selling or distribution
- property owners entering for the purpose of negotiation, selling and leasing of properties
- foreign reporters from mass media agencies entering for the purpose of covering convention or any event in Malaysia
- participants in sporting events
These passes cannot be used for the purposes of employment or for supervising the installation of new machinery or the construction of a factory.
Conversion of Passes
Foreign visitors, except those from the Republic of Singapore, who have entered Malaysia on social or tourist visit passes may apply to the Immigration Department to convert their social or tourist visit passes into business visit passes. This ruling is designed to assist foreign visitors who wish to undertake business activities.
All applications for converting social or tourist visit passes into business passes must be submitted to the Immigration Department with a letter of recommendation from the Ministry of International Trade and Industry.
3.2 Passes to be Obtained upon Arrival in Malaysia
Other than applications for entry for the purpose of tourist, social or business visits, all applications for passes mentioned below must be made upon arrival in the country.
All such applications must have sponsorship in Malaysia. The sponsors must agree to be responsible for the maintenance and repatriation of the visitors from Malaysia should it become necessary.
The types of passes issued are as follows:
(i) Visit Pass (Temporary Employment). This is issued to persons who enter the country to take up temporary employment.
(ii) Employment Pass. This is issued to any foreigner who enters the country to take up a contract of employment with a minimum period of two years.
(iii) Visit Pass (Professional). This is issued to foreigners for the purpose of engaging in short-term contract with any agencies. The validity of the pass varies but does not exceed twelve months at any one time.
(iv) Dependent’s Pass. This is issued to the wife and children of any foreigner who has been issued with an Employment Pass. This pass may be applied together with the application of Employment Pass or after the Employment Pass is approved. The wife and children of any person who enters the country on a visit pass (temporary employment or professional) will be issued a visit pass (social).
(v) Student’s Pass. This is issued to any foreigner who enters the country for the purpose of taking up studies in any approved educational institution.
4. Employment of Expatriate Personnel
It is the Government’s policy that Malaysians are eventually trained and employed at all levels of employment. Companies are encouraged to train more Malaysians so that the employment pattern at all levels of the organization will reflect the multi-racial composition of the country.
Notwithstanding this, foreign companies are allowed to bring in expatriate personnel in areas where there is a shortage of trained Malaysians to do the job. In addition, foreign companies are also allowed “key posts”, that is, posts that are permanently filled by foreigners.
The guidelines on employment of expatriate personnel are as follows:
(a) A company with foreign paid-up capital of US$2 million and above will automatically be allowed five expatriate posts including key posts. Additional expatriate posts will be given when necessary, upon request.
(b) A company with foreign paid-up capital of less than US$2 million will be considered for expatriate posts on the basis of the following:
- Key posts can be considered where the foreign paid-up capital is at least RM500,000. This figure, however, is only a guideline and the number of key posts allowed depends on the merits of each case.
- For executive posts which require professional qualifications and practical experience, expatriates may be employed up to a maximum period of 10 years, subject to the condition that Malaysians are trained to eventually take over the posts.
- For non-executive posts which require technical skills and experience, expatriates may be employed up to a maximum period of five years, subject to the condition that Malaysians are trained to eventually take over the posts.
An expatriate officer who is transferred from one post to another post within the same company is not required to obtain a new employment pass. His original employment pass will be amended to reflect the change in post. However, a new expatriate officer replacing another expatriate officer is required to obtain a fresh employment pass.
All employment passes are valid for the period of time as approved for the post. However, for key posts holders, the employment passes will be given on a 5-year renewable basis, except under circumstances where:-
- the validity of the expatriate's passport is less than 5 years;
- the employment contract agreement of the expatriate is less than 5 years; and
- the employer requires the services of the expatriate for less than 5 years.
5. Application for Expatriate Posts
Applications for expatriate posts (including key posts, executive and non-executive posts) can be submitted to MIDA at the same time as the company’s application for approval of its project. If the company is unable to do so, it may submit its application for expatriate personnel at a later stage
This procedure applies to expatriate personnel required by:
(iii) Existing companies which propose to expand their production capacities, that is, expansion of projects.
For companies which do not fall under the above categories, applications for extension of expatriate posts or for additional expatriate posts should be submitted directly to the Immigration Department headquarters in Kuala Lumpur.
There is no levy on expatriate posts. However, a processing fee of RM300 per year or part thereof for key posts and RM200 per year or part thereof for management/professional/technical posts will be imposed.
6. Employment of Foreign Workers
In Malaysia, employment of foreign workers is allowed in the construction, plantation, service (domestic servants, hotel industry trainers and instructors) and manufacturing sectors. Only nationals of Bangladesh, Cambodia, Indonesia, Pakistan, the Philippines, Sri Lanka and Thailand are allowed to be employed.
The Foreign Workers Division of the Immigration Department is the approving authority for the employment of foreign workers belonging to the skilled, semi-skilled and unskilled categories (i.e. does not include expatriates under the management, professional and technical/supervisory categories).
Approval is based on the merits of each case and subject to conditions that will be determined from time to time. An employer's application to employ foreign workers will only be considered after efforts to find qualified local citizens and permanent residents have failed.
To ensure that foreign labor is employed only when necessary, an annual levy on foreign workers is imposed. The rates of levy on foreign workers involved in the manufacturing, services and construction sectors are RM125 per month and workers in the agricultural sector are RM30 per month.