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IMPACT – HIGH
What is the change? Effective immediately, Malaysia has imposed mandatory e-filing for Professional Visit Pass (PVP) applications.
What does the change mean? The Immigration Department has stopped accepting manual filings. Beginning Oct. 1, employers must submit PVP applications electronically through the Expatriate Services Division’s (ESD) online portal, but the Immigration Department has not yet provided guidance on how to file electronically.
Background: This week, the Immigration Department announced that PVPs would be processed only through the ESD beginning Oct. 1 and that it would no longer accept in-person filings. However, on Sept. 25, it announced that the change was taking effect immediately so that it could clear its docket of manually filed applications before Oct. 1.
PVPs allow foreign nationals to work in Malaysia on assignments of up to 12 months while remaining on the overseas employer’s payroll. The PVP must be sponsored by a registered Malaysian company.
BAL Analysis: The sudden and unexpected e-filing requirement creates short-term confusion for employers applying for PVPs. This is because companies awaiting approval of their ESD registration cannot file electronically until their registration is approved, nor can they file manually now that e-filing has become mandatory. In urgent cases, companies that are awaiting ESD registration and need to process PVPs may seek an appointment with the director of the Immigration Department to request special approval of PVPs.
This alert has been provided by the BAL Global Practice group and our network provider located in Malaysia. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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