New rules on supporting documents take effect April 13

IMPACT – MEDIUM

What is the change? Malaysia has adopted new rules that will require supporting documents for certain MSC status company applications to be submitted electronically. The changes affect Employment Pass, Dependent Pass and Long-Term Social Pass applications.

What does the change mean? Beginning April 13, applicants will be required to file copies of passports and other supporting documentation via the online e-Xpats system. Those who do not follow the new filing requirements risk having their applications rejected.

• Implementation timeframe: April 13.
• Visas/permits affected: Employment Passes, Dependent Passes and Long-Term Social Passes.
• Who is affected: MSC status company applications for any of the above passes.
• Impact on Processing times: Processing times may be significantly delayed if supporting documents are not filed properly via the e-Xpats system.
• Business impact: Businesses could have timelines and start dates disrupted if the new filing requirements are not followed.

Background: Malaysia has taken a number of steps over the past year to move toward electronic filing and processing of immigration-related documents.

The most recent changes affect both Stage 1 (approval) and Stage 2 (endorsement) of applications for Employment Passes, Dependent Passes and Long-Term Social Passes. Employment Pass applicants will be required to submit copies of passports, resumes and educational certificates, among other supporting documentation. Checklists of required supporting documents vary significantly depending on what type of pass an applicant is seeking, the phase of the application, and, in some cases, the applicant’s nationality. Checklists for documents that are required can be found on MSC Malaysia e-Xpats Centre’s website.

In a related change, Malaysia’s Multimedia Development Corporation (MDeC) announced that the submission of original employment contracts will no longer be required for MSC status company Employment Pass applications. MSC Malaysia status companies are required to upload a copy of the contract during Stage 1 of the process. During Stage 2, companies are required to again upload a copy of the contract, this time duly affixed with a 10-ringgit revenue stamp.

BAL Analysis: Affected applicants are urged to comply with the new requirements lest they face the possibility of MDeC rejecting their applications. Contact your local BAL attorney for questions about what documentation is required or how to submit it.

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.

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