fbpx

Employment Pass

EMPLOYMENT PASS APPLICATION

Foreign resident? Malaysia welcomes you!

We provide employment pass and dependant pass application services to expatriates and their family members. An employment pass is a working visa that allows foreigners (usually managers, executives and skilled professionals) to legally live and work in Malaysia. A dependant pass allows the foreigner’s family members to live in Malaysia too, although usually dependant pass holders are not allowed to work or earn an income in Malaysia.

We can help you apply for an employment pass within 4-6 months and you don’t have to fly in to Malaysia until it is ready. If you already have one and want to switch your employment pass to another employer or your new company, we will be happy to help too.

Here's what you need to know.

Expatriates may only work for the company named in the employment pass. If an employment pass holder changes employers, the holder will need to re-submit a new application for a new employment pass. There are strict restrictions on the number of foreign expatriates a Malaysian company can employ. As such, the company that intends to hire foreign expatriates must showcase to the government that such foreign expatriates and the position are of vital importance and their jobs cannot be filled by local citizens. A company must check to see if it is eligible to apply for an employment pass. The key requirements are outlined as follows:

Share Capital Requirement by Equity

100% Local Owned
PAID-UP CAPITAL REQUIRED
RM 250,000

Joint Venture (minimum foreign equity is 30%)
PAID-UP CAPITAL REQUIRED
RM 350,000

100% Foreign Owned
PAID-UP CAPITAL REQUIRED
RM 500,000

Foreign-owned companies (foreign equity at 51% and above) operating in the Wholesale, Retail and Trade (WRT) sectors (mandatory requirement to submit valid WRT license, if applicable). Please refer to the Ministry of Domestic Trade and Consumer Affairs for WRT license application guidelines.

OR

Foreign-owned companies (foreign equity at 51% and above) involved in the sub sectors on unregulated services are required to refer to the Services Industry Division, Ministry of Domestic Trade and Consumer Affairs on the application guideline to obtain approval.

PAID-UP CAPITAL REQUIRED
RM 500,000

Share Capital Requirement

EQUITY

100% Local Owned

PAID-UP CAPITAL

RM 250,000

Joint Venture (minimum foreign equity is 30%)

RM 350,000

100% Foreign Owned

RM 500,000

Foreign-owned companies (foreign equity at 51% and above) operating in the Wholesale, Retail and Trade (WRT) sectors (mandatory requirement to submit valid WRT license, if applicable).
Please refer to the Ministry of Domestic Trade and Consumer Affairs for WRT license application guidelines.

OR

Foreign-owned companies (foreign equity at 51% and above) involved in the sub sectors on unregulated services are required to refer to the Services Industry Division, Ministry of Domestic Trade and Consumer Affairs on the application guideline to obtain approval.

RM 1,000,000

Eligibility Criteria for Employment Pass Applications for Expatriate(s) / Knowledge / Skilled Worker(s)

The minimum requirements to apply for an expatriate post are as follows: 

  • 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;
  • Applicant must work in a managerial, executive or technical position which requires specific skills; 
  • Applicant must meet the required salary requirements; and  
  • Applicant must not take up work in a sector which is considered restricted by the Government of Malaysia. 

If the expatriate is only to act as a shareholder, these are the requirements:

  • Shareholder(s) must have a minimum of 30% equity in the company; and
  • Must be a SSM-registered Director of the company and/or holds a key position in the company. 

Types of Employment Passes

EP Category I

Applicants must earn a minimum salary of RM 10,000 per month and above with a minimum employment contract of 5 years and beyond. This EP is valid up to 5 years, renewable every 5 years and applicants are allowed to bring dependents and hire a foreign domestic helper.

This EP is usually for key positions such as CEOs, COOs, Managing Directors, Senior Partners, etc.

EP Category II

Applicants must earn a minimum salary of RM 5,000 to RM9,999 per month with a minimum employment contract of 2 years.This EP is valid up to 2 years, renewable every 2 years and applicants are allowed to bring dependents and hire a foreign domestic helper.

This EP is usually for managerial and professional positions such as managers, lecturers, directors, architects, etc.

EP Category I​II

Applicants must earn a minimum salary of RM 3,000 to RM4,999 per month with a minimum employment contract not exceeding 12 months.  This EP is renewable up to 2 times only and applicants are NOT allowed to bring dependents and hire a foreign domestic helper.

This EP is usually for non-executive positions that require significant work experience and specific technical or practical skills such as designers (fashion, manufacturing, furniture), craftsmen, technicians, engineers, etc.

Note: Companies intending to apply for EP Category III must first receive approval from the Ministry of Home Affairs to seek exemption from the minimum salary requirement of RM5,000 before making an application.

Authority Approval and Licensing Requirement

Companies regulated by an Approving Agency or Regulatory Body need to submit an approval letter from the relevant Approving Agency/ Regulatory body for all Employment Pass categories. As these Approving Agencies/ Regulatory Bodies regulate companies in specific economic sectors, they are as such responsible for approving and supporting expatriate posts in the relevant sectors.

Note: Companies are reminded that it is their responsibility to ensure that they have all the valid required license(s) and approval(s) for company registration purposes.

Depending on the Applicant’s profession, the Applicant’s employer has to apply for the Expatriate Post at one of the following government-approved agencies:

  • Malaysian Investment Development Authority (MIDA) for the sectors of manufacturing and services.
  • Malaysia Digital Economy Corporation (MDEC) for the technology sector.
  • Central Bank of Malaysia (BNM) for the sectors of finance, insurance, and banking.
  • Bioeconomy Corporation for the sector of biotechnology and bio-based industry.
  • Securities Commission (SC) for the sector of securities and futures market.
  • Expatriate Committee (EC) (operating under the Immigration Department of Malaysia) for sectors other than those mentioned above.

Once the Expatriate Committee or another authorized agency has approved the employer’s application, the employer can proceed to apply the Employment Pass.

Sectors NOT allowed to apply for Employment Pass

The following sectors are restricted from applying for employment pass under the Guidelines on Foreign Participation in the Distributive Trade Services Malaysia:

  1. Supermarket / mini market (less than 3,000 square sales floor area)
  2. Provision shop / general vendor
  3. Convenience store (that opens for business for 24 hours)
  4. News agent and miscellaneous goods store
  5. Medical hall (inclined towards traditional alternative medicines plus general dry foodstuff)
  6. Fuel station with convenience store
  7. Fuel station without convenience store 
  8. Permanent wet market store
  9. Permanent pavement store
  10. National strategic interest
  11. Textile, restaurant (non exclusive), bistro, jewellery shops
  12. Others

FAQs

Employment Pass Frequently Asked Questions

I am interested in applying for an Employment Pass (EP) under my own Private Limited (Sdn Bhd) company, can I do that?

Yes, all Sdn Bhd companies are allowed to apply for an EP, only those who fall under restricted sectors are prohibited.

Kindly take note that companies with or more than 51% foreign shareholding and operating in the Wholesale, Retail and Trade (WRT)sectors required to have the WRT license before they are entitled to apply for an EP.

The following sectors are restricted from applying for employment pass under the Guidelines on Foreign Participation in the Distributive Trade Services Malaysia:

  • Supermarket / mini market (less than 3,000 square sales floor area)
  • Provision shop / general vendor
  • Convenience store (that opens for business for 24 hours)
  • News agent and miscellaneous goods store
  • Medical hall (inclined towards traditional alternative medicines plus general dry foodstuff)
  • Fuel station with convenience store
  • Fuel station without convenience store 
  • Permanent wet market store
  • Permanent pavement store
  • National strategic interest
  • Textile, restaurant (non exclusive), bistro, jewellery shops
  • Others

What are the requirements for applying for an Employment Pass?

First of all, please ensure that your company can meet the requirements to apply for an Employment Pass which is required by the Immigration Department. 

a. Minimum Paid Up Capital Requirement

EQUITY PAID-UP CAPITAL
100% Local Owned RM 250,000
Joint Venture (minimum foreign equity is 30%) RM 350,000
100% Foreign Owned RM 500,000
Foreign-owned companies (foreign equity at 51% and above) operating in the Wholesale, Retail and Trade (WRT) sectors (mandatory requirement to submit valid WRT license, if applicable).
Please refer to the Ministry of Domestic Trade and Consumer Affairs for WRT license application guidelines.
OR
Foreign-owned companies (foreign equity at 51% and above) involved in the sub sectors on unregulated services are required to refer to the Services Industry Division, Ministry of Domestic Trade and Consumer Affairs on the application guideline to obtain approval.





RM 1,000,000

b. Types of Employment Pass and their respective requirements

Employment Pass
(Category I)
Expatriate
Employment Pass
(Category II)
Expatriate
Employment Pass
(Category III)
Knowledge/Skilled Worker
Basic monthly salary of
minimum RM10,000 per month
Basic monthly salary between
RM5,000 to RM9,999 per month
Basic monthly salary between
RM3,000 to RM4,999 per month
Employment Contract
up to 5 years
Employment Contract
up to 2 years
Employment Contract must not exceed 12 months
Dependants allowed Dependants allowed Dependants NOT allowed

I am not willing to inject the high Paid-Up Capital, is there any other way I can apply for the Employment Pass using the same company?

No, the Paid-Up Capital requirement is the minimum requirements fixed by the Immigration Department for companies who wish to apply for an Employment Pass.

How high is the chance of me getting the Employment Pass?

It very much depends on the qualifications of the applicants.

We do have some guidelines for the minimum requirements to apply for an expatriate post, as following: 

  • 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;
  • Applicant must work in a managerial, executive or technical position which requires specific skills; 
  • Applicant must meet the required salary requirements; and  
  • Applicant must not take up work in a sector which is considered restricted by the Government of Malaysia. 

If the expatriate is only to act as a shareholder, these are the requirements:

  • Shareholder(s) must have a minimum of 30% equity in the company; and
  • Must be a SSM-registered Director of the company and/or holds a key position in the company.

I am the director of my Private Limited Company (Sdn Bhd), can I apply for a Business Owner Visa to work in Malaysia?

No, there’s no Business Owner Visa in Malaysia. For all directors or employees who wish to work in Malaysia, the only way is by applying for an Employment Pass.

I have injected the amount of Paid-Up Capital required, can I withdraw the money from my company business bank account?

Yes, you can. As long as you can prove the sum of capital has been deposited to the bank account.

But you may also take note on the accounting side, if withdrawing the capital means it will become the amount owing to the company by whoever receives the fund, e.g. amount owing by shareholder / director.

Normally how long is the approval (how many years of EP) can I get from the first Employment Pass application?

Normally the Immigration Department will approve a 1 year Employment Pass for new application. The applying company can renew the pass 3 months before the expiry date. The renewal procedure is quite simple and straightforward. The approval for pass renewal depends on the Immigration Department’s decision.

What is the procedure of applying for an Employment Pass?

Basically, there are 2 stages.

First Stage: Applying company to register an ESD account. (Approx 2 – 3 months)

Second Stage: Employment Pass application (Approx 2 – 3 months)

How much is an Employment Pass?

The whole process is estimated to cost around RM 8000 to RM 9000(with MyFuureJob exemption). This charges inclusive of our service fee for 2 stages and disbursement to the Immigration Department.

We charge by stages. First stage is RM4000 service fees, and will only charge RM 3000 for the second stage when we enter into it. For this is the effort we made to secure our client’s best interest.

We believe once your company passes stage 1, there’s high chances to pass stage 2.

Is there any guarantee on the success application?

No, the approval decision is always held by the Immigration Department. However, we have a successful track record in Employment Pass application with 98% success rate!

We have successfully concluded 6 cases, and are currently handling 6 cases. So far no rejected case. There’s 2 clients pulled out because they cancelled their plan to move to Malaysia. There’s more cases coming up!

Is there any approval from other authorities I need in order to proceed for an Employment Pass application?

Companies regulated by an Approving Agency or Regulatory Body need to submit an approval letter from the relevant Approving Agency/ Regulatory body for all Employment Pass categories. As these Approving Agencies/ Regulatory Bodies regulate companies in specific economic sectors, they are as such responsible for approving and supporting expatriate posts in the relevant sectors.

Depending on the Applicant’s profession, the Applicant’s employer has to apply for the Expatriate Post at one of the following government-approved agencies: 

  • Malaysian Investment Development Authority (MIDA) for the sectors of manufacturing and services. 
  • Malaysia Digital Economy Corporation (MDEC) for the technology sector. 
  • Central Bank of Malaysia (BNM) for the sectors of finance, insurance, and banking. 
  • Bioeconomy Corporation for the sector of biotechnology and bio-based industry.Securities Commission (SC) for the sector of securities and futures market. Expatriate Committee (EC) (operating under the Immigration Department of Malaysia) for sectors other than those mentioned above. 

Once the Expatriate Committee or another authorized agency has approved the employer’s application, the employer can proceed to apply for the Employment Pass.

Ready to process your employment pass? Have questions?

Fill in the form below and our team will get in touch with you shortly.

    Hello! What's your name?


    Got a phone number?


    How about an email address? This is usually how we'd contact you


    Now for the exciting part. Tell us your story!

    By submitting this form, you confirm that you have read, agreed and consent to the collection and processing of all personal data you have provided in accordance with MISHU Privacy Policy and the data you have provided is accurate and correct.

    MISHU serves client from all over the world
    Open chat