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Employment Pass Application

Foreign resident? Malaysia welcomes you!

Do you want to register an employment pass for your staff in Malaysia? Look no further! We provide services for employment pass and dependent pass applications for your employees, expatriates and their families. Our services cover various employment passes, including Category 1, Category 2, and Category 3 Malaysia. We specialise in assisting with the employment pass application process, and we can help you apply within 4-6 months without the need to fly in. Contact us now for help with acquiring or switching your Malaysia employment pass.

Employment Pass cover
EP [Process of EP in MLY]

What is the Process for Employment Pass in Malaysia?

Obtaining an employment pass in Malaysia can be complex and time-consuming, with strict requirements and restrictions in place. As an expatriate, you may only work for the company named in your employment pass, and if you change employers, you will need to re-submit a new application. Additionally, there are strict limitations on the number of foreign expatriates a Malaysian company can employ. To apply for an employment pass, your company must demonstrate to the government that the position and the expatriate are vital and cannot be filled by local citizens. At MISHU, we offer employment pass application services to assist expatriates and their families navigate the process.

To find out on how we can assist you with getting a Malaysian employment pass…

Documents Needed for the Employment Pass Application Process

Zone DA (2)

Understanding the employment pass process is crucial for foreign nationals seeking employment in the country. To ensure the employment pass application process is smooth, foreign nationals must submit these documents to their hiring company:

  • Their most recent resume
  • A scanned copy of their passport containing all pages
  • A recent passport-sized photograph against a blue background
  • A signed employment contract, duly stamped by the Inland Revenue Board, along with the job description
  • Copies of their highest educational certificates which are translated into English by a certified translator and authenticated by either the High Commission/Embassy/Consulate General in Malaysia or the HR department of the hiring company. These certificates must also be apostilled by the relevant authorities in the applicant’s home country
  • The completed application form for the employment pass
  • Any additional documents required as part of the application process, including support from the relevant approving agency or regulatory body if applicable.
EP [How to Apply MLY EP]

How to Apply for Malaysia Employment Pass

The Malaysia employment pass is a work visa that allows foreign nationals to legally live and work in Malaysia. It is issued to expatriates (usually managers, executives, and skilled professionals) employed by a Malaysian company.

Application Process

To apply for a Malaysia employment pass, here are the general steps you need to take:

  1. Check your eligibility: You must meet the eligibility criteria set by the Malaysian government for the employment pass category you are applying for. This includes having a valid job offer from a Malaysian company, meeting the minimum salary requirement, and possessing the necessary qualifications and experience.
  2. Submit your application: You can submit your application online through the Malaysia Expatriate Talent Service Centre (MYXpats Centre) portal or in person at the Malaysia Immigration Department.
  3. Wait for approval: The processing time for an employment pass application is typically around 4-6 months. You can examine the status of your application through the MYXpats Centre portal.
  4. Obtain your employment pass: Once your application is approved, you must collect your employment pass from the Malaysia Immigration Department within six months.
Renewal Process

Your employment pass is valid for a maximum of 10 years, depending on your category. To renew your employment pass, you must submit a new application and meet the eligibility criteria again.

Changing Employers

To change employers, you must re-apply for a new employment pass. Your new employer will need to sponsor your application and meet the eligibility criteria set by the Malaysian government.

It’s important to initiate the employment pass process well in advance of your planned employment start date to account for potential delays in processing times. Given the complexity of the employment pass process, seeking guidance from immigration consultants or legal experts experienced in Malaysian immigration laws can streamline the application process and ensure compliance with regulations. MISHU provides expats and their family members with thorough employment pass application services.

How to Apply for Employment Pass Category 1 in Malaysia

To apply for an employment pass category 1 (EP1) in Malaysia, you will need to meet the eligibility criteria set by the Malaysian government. Here are the steps you can follow:

  1. Find a Malaysian employer: You will need to have a job offer from a Malaysian company before you can apply for an EP1.
  2. Check your eligibility: You must meet the eligibility criteria, which include having a valid passport, relevant qualifications and work experience, and a clean criminal record.
  3. Submit your application: Your Malaysian employer must submit your application for an EP1 to the Malaysia Immigration Department.
  4. Wait for processing: The processing time for an EP1 application is typically between 4 to 6 months.
  5. Obtain your pass: If your application is approved, you will receive an approval letter, which you can use to obtain your EP1 pass from the Malaysia Immigration Department.
  6. Register with the Expatriate Services Division (ESD): Within 14 days of receiving your EP1 pass, you must register with the ESD to obtain your endorsement.
  7. Renew your pass: Your EP1 pass is typically valid for two years and can be renewed for up to 10 years.

It is crucial to remember that the EP1 category has strict quotas and is only available to highly trained foreign workers. To ensure that your application is submitted accurately and per Malaysian immigration laws, it is advisable to get professional advice.

EP [How to Apply MLY EP1]
Employment Pass Eligibility Criteria for EP 1

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 RM250,000
Joint Venture (minimum foreign equity is 30%) RM 350,000
100% Foreign Owned RM500,000
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.
RM1,000,000
Employment Pass Eligibility Criteria for EP

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

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

Applicants must earn a minimum salary of RM10,000 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 RM5,000 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.

MISHU is here to simplify the process for you. Our experts specialize in handling various employment pass categories, including the highly sought-after Employment Pass Category 1 in Malaysia. 

Whether you’re an expatriate seeking an expatriate visa in Malaysia or a business owner looking to understand the employment pass process, we are here to provide comprehensive support. We take pride in our proficiency with Malaysia employment pass requirements, ensuring a smooth and efficient application process. 

Trust us as your guiding partner as you secure an employment pass in Malaysia. Our dedication to facilitating expat visas in Malaysia and expertly handling all employment pass matters sets us apart. Let MISHU streamline the path to your career or business endeavors in Malaysia.

Authority Approval and Licensing Requirements

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.

Restricted Sectors

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

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

EQUITYPAID-UP CAPITAL
100% Local OwnedRM250,000
Joint Venture (minimum foreign equity is 30%)RM 350,000
100% Foreign OwnedRM500,000
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.
RM1,000,000

 

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 allowedDependants allowedDependants 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?

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 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.

What is the difference between an employment pass and an expatriate visa in Malaysia?

The key distinction lies in the purpose and scope of these two types of permits. 

 

An expatriate visa is a type of visa that allows foreigners or expats to enter and reside in a country for various purposes. It is more general and can encompass activities beyond employment, such as retirement, personal reasons, or property investment, without actively seeking employment. 

On the other hand, an employment pass is specifically for individuals coming to Malaysia to work for a particular employer or company. It is typically tied to a specific job or employment contract. 

 

We provide both the expats visa and employment pass application services.

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    FAQs

    Frequently Asked Questions

    What is a company secretary?

    A company secretary is an officer of a company (well, not the one you treat as your PA in the office). Under Malaysian law, every company must appoint a company secretary – it is compulsory, not an option. A company secretary has a huge responsibility to ensure the company’s paperwork is in order, filed on time and advise the board to always stay in compliance with statutory and regulatory requirements.

    Why outsource company secretarial services?

    Only really big companies will have an in-house company secretary as their employee. Most SMEs in Malaysia outsource and appoint an external company secretary. This way they can save on salary and associated taxes and employee benefits.

    Can I appoint another company secretary if I am not too happy with my current one?

    Yes, of course. There should not be any minimum lock-in period because the law allows the board to appoint a new company secretary at any time. MISHU was created to provide transparent, efficient and innovative company secretary services. Switch to us if you like what we do here!

    Is company secretary a director of the company also?

    No, these are two different roles in the company. However, if the same person wants to be both, this is allowed under the Malaysian law, provided the company has more than 1 director.

    What documents does a company secretary prepare?

    To put it simply, whenever there is a change in director, auditor, shareholder, company secretary, share capital or the name of the company, you need to notify your company secretary to effect the change. The company secretary will prepare the necessary resolutions and forms and update SSM of such change. The company secretary will also keep register books and prepare minutes and official correspondences.

    Can I get all my professional services done by a company secretary?

    We all know how lucky it is if a company secretary can multi-task and do everything under the sun! Unfortunately, a company secretary can only do so much. Please do not treat your company secretary as your lawyer, accountant, tax advisor or even your PA. These are all different roles and should be performed by your respective professionals.

    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

    The company secretary must ensure that any change in the statutory information below should be duly completed in the relevant prescribed forms and lodged with the SSM within the required period of time:
    • 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

    The company secretary should advise the board of directors of the relevant dates for holding the company’s annual general meeting, filing annual return, submitting financial statement.

    3. Handling company’s board, general and extraordinary general meetings

    The company secretary’s role is purely administrative which includes the following:
    • 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

    The company secretary must ensure that the company complies with its constitution and drafting/incorporating amendments in accordance with correct procedures.

    5. Maintaining share registration and safe custody of documents

    The company secretary has a duty to maintain the company’s register of members, deal with transfer of shares and other matters relating to shareholding. He usually also keep in safe custody of the company seal and original share certificates.

    6. Coordinating with shareholders

    The company secretary maintains constant communication and acts as a link between the company and shareholders through circular resolutions, issues documents regarding rights issues and capitalisation issues, monitor changes within the register of members to identify potential takeover bid, make enquiries about the ultimate beneficial ownership of shareholdings, general shareholder relations, etc.

    7. Advising corporate governance

    The company secretary must keep himself abreast with the latest development of the company and securities laws so that he can always advise the board on proper corporate governance matters, assist directors with respect to their duties and responsibilities, compliance with company and securities laws and Bursa Malaysia Listing Requirements (for public listed companies).

    8. Acting as an officer of the company and advisor to the Board

    The company secretary is the primary point of contact between shareholders and directors, and between company and SSM. He also plays a key role in the event of a corporate exercise (merger, acquisition, disposal, winding up) where he has a duty to ensure the effectiveness of all documentation, ensuring due diligence disclosures, enabling proper commercial evaluation prior to completion of a transaction and timely execution of documentation, etc.

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