February 26, 2013

The official portal of Malaysia’s Immigration Department (MID) (http://www.imi.gov.my/index.php/en/) in Putrajaya has expanded its “My Online*” options for Malaysian companies to file Employment Pass applications on behalf of qualified foreign workers. Presently, the MID in Putrajaya is the only office in Malaysia that is accepting online Employment Pass applications.

What is an “Employment Pass”?

Under Malaysian immigration law, the two primary categories of work authorization for foreign workers are Visit Pass-Professional (VPP) and Employment Passes (EP’s).

VPP’s are issued for short duration seasonal work or service-industry positions. EP’s are primarily for long-term, highly-specialized /managerial assignees assuming professional positions with Malaysian companies and whose proposed positions are approved by the government’s Expatriate Committee or other Malaysian regulatory agencies. Generally, Malaysian companies are required to evidence that there are no readily-available workers to assume the proposed position.

What’s Changed?

In an ongoing effort to expand electronic access to Malaysian employers requiring overseas workers, the MID in Putrajaya announced that its e-services division began accepting employers to register as qualified sponsors for online accounts. Since its mid-January 2013 rollout, the MID has advised that there will be some implementation issues to overcome as staff is trained on accepting online submissions.

Once a Malaysian company is qualified as an online sponsor, individual EP applications can be filed at the following e-services website: https://eservices.imi.gov.my/myimms/agent.

Please note that qualified Malaysian sponsors can choose to file either an online EP application or a traditional Form DP 10 paper application. As the Form DP 10 application can require more documentation, it is assumed that Malaysian sponsors will move to file electronically to reduce paperwork and speed overall processing times.

ACTION ITEMS FOR EMPLOYERS

Companies with registered offices in Malaysia (e.g., a Malaysian branch, representative or subsidiary office) and having forthcoming assignments should consider working with their Malaysian immigration supplier to ascertain eligibility to apply for an online account with the MID Putrajaya .

As the MID intends to continue to expand its e-services options for all immigration benefits and to regional MID offices throughout Malaysia, being prepared to submit online EP applications will help to reduce some of the documentation and time to obtain work authorization.

Please note that for the foreseeable future, the MID will require a combination of both scanned support documentation and hard copy documents until the department is ready to approve EP applications filed exclusively online with only electronic documents.

Caveat Lector | Warning to Reader

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Glenn Faulk, Senior Manager, Knowledge Management. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in Malaysia to provide you this update.

Information contained in this Global Brief is prepared using information obtained from various media outlets, government publications and our KGNM network of immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department (km@pro-linkglobal.com) with any additional requests for information or to request reproduction of this material.