Labor Law / Labor Column Part 6：Foreigner Visa / Employment Pass

2018/03/22

1. Introduction

　In order to stay and work in Malaysia, including Japanese, you need to obtain VISA/ Employment Pass as this is a rule on 1959/1963 Immigration Law and 1968 Employment Restriction Law. Therefore, in this article we will focuses on the basic legal system on VISA/ Employment Pass.

2. Type of Stay VISA

There are 3 types of stay VISA in Malaysia: ① single ② multiple ③ transit.
① Single entry visa is issued primarily for social visitors and is valid only once for 3 months from normal issue.
② Multiple Entry Visa is issued to visitors for business / diplomatic purposes and is normally valid between 3 to 12 months after issuance, and multiple travel within the valid period and staying is permitted as a maximum of 30 days per entry (no extension).
③ Transit Entry Visa will be issued to those traveling to a third country via Malaysia. However, it is not necessary to apply when you are going to the next destination on the same flight without leaving the airport.

3. Work Visa, Employment Pass overview

Please refer to below for the types and outlines of employment pass, acquisition requirements, etc.

Type of Pass	Contents	Requirements
Employment Pass (EP)	・It is for long term stay/work purpose, it is divided into 3 categories. ・Multiple Visa. ・When applying, it requires an online application by the company and guarantor. ・Category III can't get Dependent Pass.	Category I ・Minimum RM10,000 monthly salary ・Employment contract of 5 years or less Category II ・Minimum RM5,000 - RM9,999 monthly salary ・Employment contract of 2 years or less Category III ・Minimum RM3,000 - RM4,999 monthly salary ・Employment contract less than 12 months
Visit Pass/ Professional Visit Pass (PVP)	・For Professional personnel for short-term employment purposes. Example: Special projects and technical cooperation etc.  ・Procedure for applying ESD online by the company (principle)	・Employment of companies outside Malaysia ・Work for up to 1 year (However, corporation trainees could not exceed 6 months) ※Family membership is not allowed.
Student Pass	・Student Visa. Application is required if the period of study abroad exceed 3 months. 　 ・Applicable to stay for 1 year (extendable).	・Student registration at an approved education institution. ※High school graduation english transcript and graduation certificate, Medical report, etc. ・Obtain a part-time employment pass able to working within 20 hours a week. Each shool will apply after submitting all the required documents. Will takes approximately 2 months to obtain.
MM2H Visa (Malaysia My Second Home Visa)	・Up to 10 years (renewable with permission from the Immigration). ・Part time employment is allowed depending on conditions.	・For aged 50 years old and above: Revenue certificate of RM10,000 and above per month and Asset certificate of RM350,000 and above ・For aged below 50 years old: Revenue certificate of RM10,000 and above per month and Asset certificate of RM500,000　and above.
Resident Pass- Talent (RP - T)	Purpose of attracting and securing foreign talent in important economic field. Able to work and stay up to 10 years. (Working place changeable)	※Applicants can also applt for their spouse and accompanying family members under 18 years old.  ・Applications for Social Visit Pass (possible to stay for 5 years) are allowed for parents, an accompanying family members above 18 years old and spouse's parent. ※For employment, spouse is not require Employment pass.
Visitor Visa	Short term visit purpose	・Signtseeing, work (meeting, etc). Diplomacy, etc. within 90 days. ・Holding return ticket/third country tickets ※Working purpose stay is not permitted.
Dependent Pass	Belonging dependent family members. The validity period shall be in accordance with the term of validity of the representative's employment pass.	The spouse is permitting acquisition of Dependent Pass.

In addition to the VISA listed in the above table, there is also VISA for Malaysian spouses, Permanent Residency ,etc.
 

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