Firstly, hiring Company need to obtain approval through Immigration department of Malaysia before applying for expatriate work visa.

Expatriates seeking to work in Malaysia would have to apply for an Employment Pass. The pass is applied for the individual through the hiring employer. In Malaysia, there are several agencies involved in regulating specific economic sectors, therefore they also regulate the companies in the sectors.

These various agencies are responsible for approving and supporting expatriate posts in the relevant sectors.

Second, the minimum requirements to apply for an expatriate posts are as follows:

For Expatriates of Management/Knowledge/Specialist

• Degree and above, with at least 3 years’ experience in the relevant field;

• Diploma, with at least 5 years’ experience in the relevant field;

• Technical Certificate or equivalent, with at least 7 years’ experience in the relevant field.

For Working Shareholder(s)

• Must have a minimum 30% equity in the company; and

• Must be a SSM-registered Director of the company and/or holds a key position in the company.

(SSM here means Suruhanjaya Syarikat Malaysia or Companies Commission of Malaysia)

Third, the Employment Pass visa:

Employment Pass - Category I (EP I)

• Applicant must earn a basic salary of minimum RM10,000 per month, however the amount is still subjected to discretion by the authorities

• Applicant must have an employment contract valid up to 60 months

• Allows the holder to be employed in West Malaysia by the hiring company.

Employment Pass -Category II (EP II)

• Applicant must earn a basic monthly salary between RM5,000 to RM9,999 per month, however the amount is still subjected to discretion by the authorities

• Applicant must have an employment contract valid up to 24 months

• Allows the holder to be employed in West Malaysia by the hiring company.

Fourth, Dependent pass visa - Family of EP I & II holder:

• Spouse and children under 18 years old of Employment Pass holder are eligible for Dependent Pass (DP)

• Children over 18 years old and unmarried are eligible for Social Visit Pass (Long Term)

• Parents / Parents-in-law are eligible for Social Visit Pass (Long Term)

• Allows the holder to stay in West Malaysia

• Employment not allowed and requires conversion to Employment Pass

• For DP - For social and welfare purposes, the holder may request for special permission to undertake activities from the Immigration Department of Malaysia

• For Social Visit Pass (Long Term) - One (1) time application and change of partner is not allowed for common law spouse

• Eligible to hire foreign maid.

Fifth, EP I & II Conditions:

• Renewal of the pass can be considered depending on the requirements

• All applications must obtain an Approval Letter before entering Malaysia for the purpose of employment

• Applicants who have entered the country will have 30 days from entry date to endorse EP sticker.

Please refer to Q1 above. The Firstly and Second eligibility requirement are the same.

Third, Professional Visit Pass (PVP)

• Expatriate applicant fulfills one of the following categories:

  • Category I: Expertise Transfer

  • Category II: Research

  • Category III: Training at ESD-registered companies

  • Category V: Volunteers

  • Category IV: Exhibitors under regulation of Malaysia Convention & Exhibition Bureau (MyCEB)

• Allows the holder to engage in temporary business/contracted activity in Malaysia under the Immigration department of Malaysia-approved company

• Maximum contract is for 12 months, and is restricted to one contract / project at a time

• The position is non salaried

• The maximum duration for an expatriate to hold PVP is 12 months. No extensions are allowed beyond 12 months

• All PVP applications must obtain an Approval Letter before entering Malaysia for the purpose of employment

• Applicants who have entered the country will have 14 days from entry date to endorse PVP sticker

• In case of change of employer while the pass is still valid, the PVP holder must cancel the current pass and serve 3 months of Cooling Off Period before applying with new employer.

Expatriates are not allowed to apply for their own Immigration passes. The application must be done by the company that intends to hire the expatriate.

Must be registered with:

1. The Companies Commission of Malaysia (SSM) under Companies Act 1965; OR

2. The Registry of Societies Malaysia (ROS) under the Organization Act 1966; OR

3. Firms incorporated under specific acts. e.g. Law firms and Accounting firms; OR

4. Organisations supported by Ministries / Government Agencies; OR

5. International organisations certified by the Ministry of Foreign Affairs.

Company paid-up capital requirement (not applicable to public limited companies, companies limited by guarantee, associations & organisations incorporated under specific acts).

Equity Paid up Capital

1. 100% local owned (Malaysia owned); paid up capital: RM 250,000

2. Local + Foreign owned (minimum 30% shareholding); paid up capital: RM 350,000

3. 100% foreign owned; paid up capital: RM 500,000

4. Wholesale, Retail and Trade (WRT) sectors where foreign equity at 51% and above: paid up capital; RM 1,000,000

5. Unregulated services sector where foreign equity at 51% and above: paid up capital; RM 1,000,000

Note that Restaurant are part of WRT.

Companies are required to obtain the necessary license(s) / approval(s) to legally operate their businesses in the country.

It is the responsibility of the company to ensure it has all the valid required license(s) and approval(s) and submit them for company registration requirement. The list below is not exhaustive.

• Ministry of Home Affairs (MOHA)

• Ministry of International Trade and Industry (MITI)

• Ministry of Domestic Trade and Consumer Affairs (KPDNHEP)

• Royal Malaysia Customs

• Ministry of Health (MOH)

• Ministry of Tourism and Culture (MOTAC)

• Petronas

• Construction Industry Development Board (CIDB)

• Ministry of Education (MOE)

• Ministry of Transport

• Ministry of Health (MOH)

• Malaysia Communications and Multimedia Malaysia (SKMM)

• Ministry of Finance (MOF)

• Bank Negara Malaysia (BNM)

• Department of Aviation (DCA)

• Department of Mineral and Geoscience

• Welfare Department of Malaysia

• National Film Development Corporation (FINAS)

• Department of Fisheries

• Department of Agriculture

• Ministry of Youth and Sports

• Malaysia Palm Oil Board (MPOB)

• Malaysia Timber Industry Board

• State Forestry Department

• Marine Department Malaysia

• Malaysian Bioeconomy Development Corporation Sdn Bhd (Bio-economy)

• Royal Malaysian Police

Employment Pass Visa in general

• With complete documentation, the time taken to process with no changes or queries are within 20 work days

For Employment Pass Visa in Manufacturing

• With complete documentation, the time taken to process with no changes or queries are within 4 weeks