GUIDELINES ON EMPLOYMENT PASS APPLICATION IN MALAYSIA
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MALAYSIAN BIOTECHNOLOGY CORPORATION SDN BHD
(Company No. 691431-D)
GUIDELINES ON EMPLOYMENT
PASS APPLICATION IN MALAYSIA
3 JULY 2009
AUTHORS:
MS. KANIMOLI RAMAIAH
Please note that the information contained herein is intended to be used for guidance and knowledge
only. Whilst every effort has been taken to ensure the accuracy and completeness of the contents at
the time this Guidance Paper is issued, inaccuracies may exist due to several reasons including
changes in circumstances and/or amendments brought about due to a change in the policy (s) or
prevailing rules or regulations.
BiotechCorp does not hold out, warrant or guarantee that reliance on the information contained herein
will result in the granting or approval of the matters applied for. BiotechCorp welcomes feedback and
comments on this document. Feedback and comments can be sent to info@biotechcorp.com.my and
by stating clearly in the subject line the document title and document Reference No.
BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
TABLE OF CONTENTS ......................................................................................... Page
1. OBJECTIVES AND INTRODUCTION........................................................................ 1
1.1 Objectives .................................................................................................... 1
1.2 Introduction .................................................................................................. 1
2. SCOPE ........................................................................................................................ 1
2.1 Immigresen Act 1993 and Biotechcorp....................................................... 1
2.2 Category of Expatriates............................................................................... 2
2.3 Criteria for Biotechnology Knowledge Workers .......................................... 2
2.4 IDM's General Requirements ...................................................................... 3
3 TYPES OF PASSES ................................................................................................... 3
3.1 Main Passes of Work Permit....................................................................... 3
3.2 Supporting Passes ...................................................................................... 4
4 APPLICATION PROCEDURE – Employment Pass ................................................ 5
4.1 Procedure .................................................................................................... 5
4.2 Employment Pass Application .................................................................... 6
4.3 Dependents Pass Application – DP11A ..................................................... 7
5 APLICATION PROCEDURE – Professional Visit Pass.......................................... 7
6 LIST OF DOCUMENTS REQUIRED FOR SUBMISSION OF APPLICATION… ..... 8
7 FEES FOR EMPLOYMENT AND DEPENDENT PASS ............................................ 9
8 RESTRICTIONS UNDER EMPLOYMENT PASS.................................................... 10
9 IMMIGRATION PROCESS FOR EMPLOYMENT PASS ........................................ 11
BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
1. OBJECTIVES AND INTRODUCTION
1.1 Objectives
The objective of this paper is to provide interested applicants with information on
the procedures and requirements in relation to an Employment Pass application
in Malaysia.
1.2 Introduction
Biotechnology has been identified as the next engine and driver of economic
growth for Malaysia. It is envisioned that biotechnology will be able to improve the
quality of life, generate new wealth creation and income for both rural and urban
population and improve the socio-economic status of people as a whole.
To spur biotechnology growth, the Government launched the National
Biotechnology Policy in 2005 and introduced the designation of ‘BioNexus Status’
to qualified biotechnology companies, making them eligible for privileges and
incentives offered by the Government.
BioNexus Status is a recognition awarded by the Malaysian Government, through
Malaysian Biotechnology Corporation Sdn Bhd (“BiotechCorp”), to qualified
companies that participate in and undertake value-added biotechnology activities.
BioNexus Status companies enjoy a set of incentives and privileges contained
within the BioNexus Bill of Guarantees which includes the freedom to source
knowledge workers globally.
In this respect, the Malaysian Biotechnology Corporation (BiotechCorp) acts as a
one-stop-centre providing support, facilitation and advisory services for a range of
matters including immigration assistance for BioNexus status and life science
companies in general.
2. SCOPE
2.1 Immigration Act 1963 and BiotechCorp
In Malaysia the entry of foreign nationals is governed by the Immigration Act 1963
which also determines the types of employment passes that can be applied for by
those who aspire to work in this country. The administration authority for
immigration related matters is the Immigration Department of Malaysia (IDM),
which is placed under the jurisdiction of the Ministry of Home Affairs.
BiotechCorp’s support in relation to immigration matters encompass advice on
immigration qualifying and general criteria for knowledge workers, documentation
for pass applications, representation at IDM for DP10 submissions (upon request
only), advice on DP 11 procedures as well as matters relating to the immigration
requirements for family members of the expatriate.
1BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
2.2 Category of Expatriates
i. Key Posts – these are high (strategic) level managerial posts in foreign
owned private companies and firms operating in Malaysia. These posts are
important for the foreign companies to safeguard their interests and
investments in Malaysia. Holders of these positions are responsible for
determining the companies’ policies and direction to achieve their business
goals.
ii. Executive Posts – these are intermediate level managerial and professional
posts which require academic qualifications, work experience, skills and
competencies related to respective positions. These expatriates are
responsible for implementing company policies and supervising staff.
iii. Non-Executive Posts – These are technical positions that require technical or
practical skills.
While there is a general criteria that must be fulfilled by expatriates desiring to
work in Malaysia, for the biotechnology sector there are some additional
requirements, namely:
2.3 Criteria for Biotechnology Knowledge Workers
Biotechnology knowledge workers fall into two main categories:
i. Management and Subject Matter Experts
• 5 or more years of experience in managing (or serving a post in
management capacity) a biotechnology business or venture;
• For subject matter experts, five (5) or more years of direct experience in
areas relevant to the biotechnology industry (agricultural, healthcare and
industrial biotechnology), including but not limited to:
- Product discovery and development e.g. pre-clinical and clinical
development;
- Biomedical engineering;
- Bio-processing;
- Quality assurance;
- Regulatory affairs;
- International business development; and
- Accreditation and certification;
• A Bachelor’s degree or higher in biotechnology or life sciences or a
discipline that is relevant to biotechnology business.
ii. Researchers or Technical Experts
• Five (5) or more years of research or technical experience in a field
relevant to the business being conducted by a BioNexus Status
company; and
• Preferably with a Bachelor’s degree or higher in biotechnology or life
sciences or related disciplines.
2BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
The general criteria that must also be fulfilled are as follows:
2.4 IDM’s General Requirements
The following general criteria apply to all industries and sectors:
i. Company’s Paid up Capital
Equity Paid up Capital
100% Malaysian Company RM250,000
Joint Venture (Malaysia and Foreign) RM350,000
100% foreign owned Company RM500,000
ii. Salary
Minimum salary of RM5, 000 per month paid in Malaysia.
iii. Minimum Age
27 years.
iv. Working experience
Minimum 5 years in related field.
For those who fulfil the two sets of criteria above, there are two Pass options that
will enable them to work in Malaysia.
3. TYPES OF PASSES
3.1 Main Passes of Work Permit
Below are two types of passes currently being supported by Biotechcorp.
i. Employment Pass
The Employment Pass is the usual pass issued to expatriates working and
drawing salaries in Malaysia. It is given for a minimum of 24 months but not
exceeding 60 months for each period. This Pass will enable the expatriate to
live and work in Malaysia, legally. For those who are eligible for an expatriate
position but do not satisfy all required criteria, a PLKS (Pas Lawatan Kerja
Sementara) may be issued in place of an Employment Pass. The PLKS is
only valid for a year, renewable three months before its expiry. The PLKS is
subject to levy payment. The levy amount varies from sector to sector, for the
latest levy amounts please refer to www.imi.gov.my
ii. Professional Visit Pass.
This type of Pass is issued to those who will be in Malaysia for a minimum of
2 weeks to 12 months with the sole purpose of technology transfer.
Incumbents holding this Pass are prohibited from receiving a salary or any
mode of payment in Malaysia. Prohibited to receive salary does not mean the
PVP holder will not be required to pay income tax. For PVP holders from
countries with DTA (Double Taxation Agreement) with Malaysia, income tax
payment will be required if they were to stay for more than 182 days in total in
a year, PVP holders from countries where there are no government to
3BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
government DTA will be required to pay income tax if they were to remain in
Malaysia for 61 days or more.
3.2 Supporting Passes
Expatriates who live and work in Malaysia are allowed to apply for all or any of
the following Passes for their family members:
i. Dependent Pass
This pass is usually issued to the spouse and children of the expatriate.
Children who are below the age of 18 would automatically qualify for this
Pass. If these children need to study in Malaysia, Permission to Study would
be stamped on the Dependent’s Pass. The tenure of this Pass will usually be
synchronized with that of the expatriate’s, subject to passport validity.
For expatriate spouses who wish to be employed, upon successfully securing
employment, Permission for Employment will be stamped on the Pass.
ii. Student Pass
This Pass is issued to expatriates’ children who are above 18 and studying in
colleges. If the expatriate’s child has attained 21 years of age but is still
studying, he/she will also be entitled to this Pass.
iii. Social Visit Pass
This Pass is issued to parents of expatriates who live with him/her and
children of expatriates who have attained the age of 21 but still live with
his/her parent who is the expatriate.
iv. Work Permit
This is issued to the expatriate’s maid if he/she brings one from the country of
origin. Tenure for the maid will be in accordance to the expatriate’s
Employment Pass.
4BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
4. APPLICATION PROCEDURE – EMPLOYMENT PASS
4.1 Procedures
i. Step 1
The company that wishes to bring in an expatriate, must first identify the
position. A Position Application (DP10) will have to be submitted to the
Expatriate Committee (EC) for approval. The company will be given an
Acknowledgement Letter (Diagram 1). There will be a Web Reference
Number on the letter which can be used to check on the application status at
www.imi.gov.my (Diagram 2). The EC would convene twice a week to
deliberate and decide on Position Applications.
Akuan Penerimaan
SpecialWeb Reference
number
Diagram 1 – Sample of Acknowledgement Letter
5BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
Key in web
reference here
Diagram 2 - Web Page to check status of application
ii. Step 2
Once the position has been approved by the EC, the company can then
submit an application to apply for an Employment Pass for the expatriate
concerned. At this juncture a Dependent Pass, Social Visit Pass or other
relevant pass can also be applied for at the same time. Expatriates from
some countries can enter Malaysia using a Social Visit Pass and later convert
that into an Employment Pass. Expatriates from selected countries will have
to obtain a `Calling Visa’ letter before they can enter Malaysia. Latest
information on this can be obtained at www.imi.gov.my. Detailed processes
are provided below:
4.2 Employment Pass Application
After position approval from the EC, the company can submit an application for
an Employment Pass. The applicant, depending on nationality, can decide on
one of two methods below to obtain the Employment Pass upon arrival in
Malaysia:
i. Reference Visa
The Reference Visa letter (Calling Visa Letter) will be issued by IDM. The
applicant has to bring the Letter to the Malaysian Embassy in his/her country
of residence to have a special Social Visit Pass endorsed onto the passport.
Upon entry into the country, the applicant must make a payment (depend on
the country) and obtain the actual Employment Pass from IDM within 7 days
of arrival.
ii. Journey Performed (JP) Visa
Applicants from selected countries enter Malaysia with a Social Visit Pass
which can be converted to an Employment Pass upon arrival in Malaysia. JP
Visa costs RM 500.00. This has to be done within 7 days of arrival into
Malaysia.
6BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
4.3 Dependents Pass Application – DP11A
Married expatriates with Employment Pass are entitled to apply for a Dependent
Pass. The application can be done together with the Employment Pass
application.
i. Eligibility Criteria for Dependents
Husband/wife and children below 18.
5. APPLICATION PROCEDURE – PROFESSIONAL VISIT PASS
For a Professional Visit Pass (PVP), companies that decide to bring in foreign expertise
to transfer technology in Malaysia must have a collaborating partner company overseas
to provide the technology. A memorandum of understanding must be signed by both
parties before the PVP process commences.
i. Step 1
Company submits an application to the Income Tax Department to inform the
department of its intention to bring in foreign expertise. An acknowledgement
letter will be issued by the Income Tax Department.
ii. Step 2
Company then submits a full PVP application together with the Income Tax
acknowledgement letter to the PVP counter at IDM, Putrajaya. The
processing period is between 21 to 30 days. Once the application is
approved, a Reference Visa (Calling Visa) Letter will be issued to the
applicant company. This letter must be sent to the foreign expert who will
have to bring it to the closest Malaysian Embassy to have a Social Visit Pass
endorsed into the passport. Upon arrival in Malaysia, payment (RM 90.00
for 3 months, Visa - According to nationality) must be made to IDM and a
PVP endorsement be obtained for the passport.
Note: PVP holders whose stay in Malaysia is up to 12 months can apply for
Dependent Passes for their immediate family.
7BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
6. LIST OF DOCUMENTS REQUIRED FOR SUBMISSION OF APPLICATION
Document Supporter DP10 DP11 DP11 PVP
A
Employment Contract or agreement, to be
stamped RM 10
Cover Letter and Letter of Authorization
Company CCM (form 9, 24 and 49)
Job description for the position applied
Personal Bond, to be stamped RM10
Organization Chart with expatriates position
Company’s product brochure
Company profile from CCM
Applicants Application forms DP10 and DP11
Applicants Two Passport photo - size
photographs
Applicants Copies passport – all pages
Applicants Resume include the educational
background, qualifications and experiences
Applicants educational qualification
Dependant form DP11A
Original civil marriage certificated – translated
and certified by relevant embassies
Form IMM 12: Visit Pass Application
Form IMM 55: Extension of Visit Pass
Form IMM 38: Visa Application for non-
commonwealth
Letter of Confirmation from the
company/Employer regarding the expatriate
admission status to Malaysia
Training Schedule/program for PVP on Training
or seminar
Income tax declaration letter from income tax
department
Letter from overseas institution if foreigner is
sent for practical training
Copy of Employment Pass Sticker and bio data
Company’s three years audited accounts
Copy of Expatriate’s EA (for renewal only)
For latest list of documents, please log on to http://www.imi.gov.my
7. FEES FOR EMPLOYMENT AND DEPENDENT PASS:
Expatriate : RM200 per year per expatriate for Employment Pass
RM 50 for processing
Dependent: RM 90 per dependent
RM 50 for processing
Payment via Bank Draft made out to `Ketua Pengarah Imigresen Malaysia’.
8BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
8. RESTRICTIONS
Expatriates holding Employment Passes are restricted from engaging in the following
activities:
i. Not allowed to hold other job(s) besides the current job which has been
issued with the employment pass;
ii. Not allowed to participate in illegal activities such as the smuggling of drugs
into or out of the country and /or engage in other illegal activities; and
iii. Not allowed to participate in activity such as Missionary, provocative or
politics instigative, which is considered sensitive, and a threat to national
security.
Employment Pass holders must also ensure adherence to any new regulation introduced
by IDM from time to time.
The Following are the relevant agencies that applicant will have to liaise with when
applying for an Employment or Professional Visit Pass.
Immigration Malaysia Company Commission Inland Revenue Board
Malaysia
Jabatan Imigresen Malaysia Suruhanjaya Syarikat Lembaga Hasil Dlm
Tingkat 1-7, (Podium) Malaysia, Tingkat 2 &10-19, Negeri, Tingkat 16, Blok
No. 15 Persiaran Perdana , Putra Place, 100 Jalan Putra 8A, Komplek Bangunan
Persint 2. 50622 Kuala Lumpur Kerajaan, Jalan Duta
62550 Putrajaya. Malaysia 50600 Kuala Lumpur
No. Tel 03-88801000 No. Tel 03-40476000 No. Tel 03-62091000
No. Faks 03-88801200 No. Faks 03-40476111 No. Faks 03-62013372
www.imi.gov.my www.ssm.com.my www.hasil.org.my
BiotechCorp assist biotechnology companies in the following ways:
i. For Bio Nexus status companies:
• Provide advice on employing foreigners in Malaysia;
• Provide assistance in preparing documentation to be submitted to IDM;
and
• Represent Bio Nexus companies to submit application, if requested by
the company.
ii. For non Bio Nexus biotechnology companies:
• Provide advice on employing foreigners in Malaysia; and
• Provide assistance in preparing documentation to be submitted to IDM.
9BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
Reference
1. Ministry of Home Affairs
www.moha.gov.my
2. Immigration Department Malaysia
www.imi.gov.my
3. Malaysian Biotechnology Corporation
www.boitechcorp.com.my
4. Inland Revenue Board, Malaysia
www.hasil.org.my
5. Companies Commissioner Malaysia
www.ssm.com.my
Contact
For further information or clarification, please contact:
Vice President
Facilitation, Client Support Services Division
Malaysian Biotechnology Corporation Sdn Bhd
Level 23 Menara Atlan
161 Jalan Ampang
50450 Kuala Lumpur
T: 03 2116 5588
F: 03 2116 5528
E: info@biotechcorp.com.my
10BiotechCorp Version 1.0
Guidelines on the Employment Pass Application 3 July 2009
10. IMMIGRATION PROCESS FOR EMPLOYMENT PASS
Submission of
application to
BiotechCorp by
BioNexus Company
BiotechCorp reviews Request client to
the Application & issues If incomplete amend and fulfil the
a supporting letter requirement s
Submission to IDM for
EC approval
JKPD Committee Request client to
Approval In case of non
amend and fulfil the
acceptance/rejection
requirements or appeal
If approved submit the
Employment Pass
application
Immigration In case of non Request client to
department Approval acceptance / rejection amend and fulfil the
requirements
Complete payment and
obtain the EP sticker in
passport.
11You can also read
