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
| 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 |
| 100% Local Owned | RM 250,000 |
| 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.
DEPENDENT PASS
Foreign nationals who are in Malaysia for employment or studying purposes are allowed to bring their family members with them through the Dependent Pass.
Who is eligible to apply for a Dependent Pass?
You can bring your dependents with you through a Dependent Pass if you are:
- An Employment Pass holder Category 1 (in a key role in the company and with a monthly salary of at least RM10,000).
- An Employment Pass holder Category 2 (in a managerial and professional position in a company and with a monthly salary between RM5,000 and RM9,999).
- A Student Pass holder who is undergoing Master and Ph.D studies in a Malaysian educational institution.
Holders of an Employment Pass Category 3, Temporary Employment Pass, or a Professional Visit Pass are NOT allowed to apply for a Dependent Pass for their family members. Student Pass holders who are in BA studies or lower, or in a language school are NOT allowed to apply for a Dependent Pass for their family members.
What family members can you bring with a Dependent Pass to Malaysia?
If you are an eligible Employment Pass holder, you can apply for a Dependent Pass for the following family members:
- Your legal spouse (husband/wife)
- Children under 21 years of age (biological, adopted, or stepchild)
- Dependent children regardless of age (if they have a physical or mental disability rendering them dependent on you)
If you want to bring your common-law spouse (unmarried), dependent parents or parents-in-law, or children over 21, you must apply for the Long Term Social Visit Pass. If you are a Student Pass holder, you can apply for a Dependent Pass for the following family members:
- Your legal spouse (husband/wife)
- Your children under 21 years of age (biological, adopted, or stepchild)
- Dependent children regardless of age (if they have a physical or mental disability rendering them dependent on you)
- Your parents
Your family members will receive a Dependent Pass with the same duration as your own Employment Pass or Student Pass. It can be renewed in the same manner as well. Dependent Pass holders are NOT allowed to work in Malaysia. If your family member wants to start working, they must convert their Dependent Pass into an Employment Pass.
LONG TERM SOCIAL VISIT PASS
A Long Term Social Visit Pass is issued to foreign nationals who want to stay in Malaysia for a period longer than 6 months. It is issued to the family members of Employment Pass holders or spouses of Malaysian citizens as well as to foreigners who need to undergo medical treatment in Malaysia.
Who is eligible to apply for a Long Term Social Visit Pass?
The Long Term Social Visit Pass (sometimes also known as “Spouse Visa”) is available to:
- The foreign national spouse of a Malaysian citizen
- Family members of Employment Pass holders who fall under the following categories:
- Common-law spouse
- Children over 21 (they must not be married)
- Parents or parents-in-law
- Foreign nationals seeking medical treatment in Malaysia and 1 companion
The Long Term Social Visit Pass is issued for a minimum of 6 months and a maximum of 5 years. It can be renewed before it expires.
Holders of Long Term Social Visit Pass are NOT allowed to work with a Long Term Social Visit Pass. If your family member wants to start working, they must convert their Long Term Social Visit Pass into an Employment Pass.
Working permit for Spouse of Malaysian Citizen
Spouses of Malaysian citizens can work in Malaysia without having to change their Long Term Social Visit Pass into an Employment Pass.
They have to get an endorsement to work in their passport by the Immigration Department of Malaysia.
To apply for the work endorsement, the spouse has to submit a letter of application along with the letter of appointment or company registration evidence, their marriage certificate and his valid Long Term Social Visit Pass to the Visa, Pass and Permit Division of the Immigration Headquarters or the nearest state Immigration office.
RESIDENCE PASS TALENT (RP-T) FROM TALENT CORP
The Residence Pass Talent (RP-T) (sometimes also known as “Talent Pass”) allows the holder to work in Malaysia for up to 10 years and it is renewable. The holder of RP-T has the flexibility to change employers without having to renew the Employment Pass every time he changes an employer. The spouse of RP-T holder can seek for employment without the need to apply for an Employment Pass.
The RP-T holder is allowed to bring along his spouse and children under 18 to come to Malaysia. If the RP-T holder wants to bring his parents and children over 18 to come to Malaysia, he can help them to apply for a Long Term Social Visit Pass.
The RP-T is placed under the purview of Talent Corporation Malaysia Berhad and all applications will be processed by the Malaysia Expatriate Talent Service Centre (MYXpats Centre).
Who is eligible to apply for a Residence Pass Talent?
The RP-T is only issued to talented foreign expatriates who are currently living and working in Malaysia and fulfil the following criteria:
- You have lived in Malaysia for at least 3 years on a valid Employment Pass (EP).
- At the time of application, your EP is still valid for at least three more months.
- You are a “high achieving” professional and can help develop Malaysia’s economy.
- You have a minimum of 5 years of work experience.
- You earn a monthly salary of at least RM15,000 (bonuses and allowances excluded).
- You hold academic qualifications from a recognized educational institution.
- You have paid income tax in Malaysia for at least 2 years.
- You have a Malaysian income tax file number.
Foreign expatriates in the following industries, known as “key economic areas”, are more likely to receive a RP-T:
- Oil, Gas & Energy
- Palm Oil and Rubber
- Tourism
- Education
- Healthcare
- Financial Services
- Business Services
- Communications, Content and Infrastructure
- Electrical & Electronics
- Agriculture
- Wholesale and Retail
There is a special category of RP-T for MTEP under MDEC. This is only designed for established tech entrepreneur.
MALAYSIA TECH ENTREPRENEUR PROGRAMME (MTEP) FROM MDEC
The Malaysia Tech Entrepreneur Programme (MTEP) is designed for foreign tech founders who want to capture the ASEAN market from Malaysia via a 1-year stay (new entrepreneur) or a 5-year stay (established entrepreneur) in Malaysia.
The application is to be made via MDEC and once MDEC approves, the Immigration Department will issue either a Professional Visit Pass or a Residence Pass. It is widely considered to be a fast-track route (within 6 weeks) compared to the ordinary Employment Pass route (which may take between 4-6 months). Also, there is no minimum paid up capital requirement (although we recommend that you should inject certain paid up capital to show seriousness in your business).
Who is eligible to apply for the MTEP’s Pass?
There are 2 categories:
New Entrepreneur (an individual with no track record of established business)
Duration of pass: 1 year
Type of pass: Professional Visit Pass – MTE
Allowed to bring dependent: No
What happens after 1 year? Can apply to upgrade to Residence Pass – MTE (for Established Entrepreneur) or apply for the usual Employment Pass .
Established Entrepreneur (an individual with track record of established business)
Duration of pass: up to 5 years
Type of pass: Residence Pass – MTE
Allowed to bring dependent: Yes
The Pass under the MTEP is only issued to foreign tech founders who fulfil the following criteria:
- BUSINESS PITCH DECK
Information that describes your proposed business idea, market opportunity and plans in securing funding (e.g. about your business, product/solutions, plans in Malaysia, personal profile/capabilities in contributing to tech ecosystem, key highlights/achievements, testimonials, etc).
- FINANCIAL TRACK RECORD
New Entrepreneur
3 months personal bank statement (minimum amount of RM50,000 but not limited to Malaysian banks)
Established Entrepreneur
3 months personal bank statement (minimum amount of RM50,000 but not limited to Malaysian banks) and proof of business performance (i.e: Management Accounts, Audited Accounts, Financial track record etc).
- CERTIFICATE OF GOOD CONDUCT
A document issued from the embassy or enforcement agency that states of no criminal record of an applicant in their residing country
- SPONSOR
New Entrepreneur- Personal bond document signed by Malaysia Digital Hubs or MTEP recognized partners.
- Letter of Offer or Tenancy Agreement from any Malaysia Digital Hubs or MTEP recognized partners
- Established Entrepreneur
- Declaration form from a Malaysian sponsor or individual who has personally known you for many years.
- FOR FOREIGN VENTURE CAPITAL
Established Entrepreneur- Founder, co-founders or the Malaysian Venture Partner
- Minimum funds of RM10mil
- Must be registered with Securities Commission Malaysia as Venture Capital Management Corporations (VCMC)
PROFESSIONAL VISIT PASS
A Professional Visit Pass (PVP) is granted to foreign talents with acceptable professional qualifications or skills. They can enter the country and provide services or undergo practical training with a Malaysian company on behalf of an overseas company on a temporary basis.
A PVP is valid for 12 months and can be renewed for another 12 months. A PVP holder is not allowed to bring a dependent along and he must be officially employed and paid by an overseas company.
Who is eligible for a Professional Visit Pass?
You can work in Malaysia with a Professional Visit Pass if you fall under one of the following categories:
- Foreign artist (filming and performance)
- Stage artist (singing, music, dance, theatre, acrobatics, circus etc.)
- Filming (in Malaysia, but with an overseas company)
- Producing (filming)
- Performance (in hotels, cultural centers, stadiums, etc)
- Expert in arts management and screen-related arts.
- Islamic missionary:
- Islamic Teacher
- Al-Quran Teacher
- Arabic Teacher
- Other religious workers:
- Gurukkal
- Granthi
- Priest
- Guru Dharma
- Religious musicians and sculptors
- International students attending religious courses studies with the Malaysia Bible Seminary.
- Government officials travelling for official purposes (government to government program/governmental purposes)
- Jockey expert
- Volunteer
- International student under a mobility program or industrial training.
Types of Employment Passes
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.
EP Category I
EP Category II
EP Category III
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.
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:
- 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
Frequently Asked Questions
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
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 |
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.
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.
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.
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 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.
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)
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!
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!
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.
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FAQs
Frequently Asked Questions
What is a company secretary?
Why outsource company secretarial services?
Can I appoint another company secretary if I am not too happy with my current one?
Is company secretary a director of the company also?
What documents does a company secretary prepare?
Can I get all my professional services done by a company secretary?
Duties & Responsibilities
as a Company Secretary
Every company must appoint a company secretary under Malaysian law. But do you know what does a company secretary do? Let us tell you his/her duties and responsibilities:
1. Updating the company’s statutory information
- Removal of officers from office
- Disqualification from holding office
- Appointments/resignations/deaths
- Annual return
- Change of company name
- Adoption, alteration and revocation of constitution
- Issue, splitting, transfer of shares
- Any other changes that require notification with SSM
2. Reminding you on important dates
3. Handling company’s board, general and extraordinary general meetings
- Arranging and liaising with the chairman and/or managing director for agenda papers and items for the agenda
- Providing general advice on matters relating to company secretarial matters
- Booking and preparing the meeting room
- Attending and taking down minutes of the meeting
- Maintaining minute books
- Following up on decisions made
- Playing an advisory role to the chairman and the board of directors
- Lodging statutory returns as appropriate
- Certifying copies of minutes
- Ensuring that correct meeting procedures are followed
4. Compliance with company constitution
5. Maintaining share registration and safe custody of documents
6. Coordinating with shareholders
7. Advising corporate governance
8. Acting as an officer of the company and advisor to the Board
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