IMPACT — MEDIUM

The Malaysian government will require employers to register with government authorities in February in order to hire foreign nationals under the Malaysia Digital Economy Corporation.

Key Points:

  • Beginning Feb. 1, employers hiring foreign nationals under the MDEC must obtain an approval letter from the Department of Labor Peninsular Malaysia (JTKSM) or have proof of prior registration with the JTKSM.
  • Employers who do not obtain approval or submit a registration will not be able to apply for Work Pass projections, which are required to apply for Work Passes for foreign nationals.
  • Employers must register for specific industries in which they intend to hire foreign nationals with the JTKSM.
  • Employers can obtain a letter from the JTKSM through this website.

Additional Information: The registration requirement does not affect work and immigration authorizations that were issued before Jan. 1, 2023.

BAL Analysis: Employers should seek to obtain an approval letter or have proof of registration with the JTKSM as soon as possible to avoid delays when applying for Work Pass projections.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The Malaysian government expanded access to its expedited entry process for Long-Term Pass holders.

Key Points:

  • Foreign nationals can now use Malaysia’s Autogate facility when entering and exiting the country if they hold a valid:
    • Long-Term Pass, including the Talent Residence Pass, Employment Pass, Student Pass, Professional Visit Pass, Temporary Work Visit Pass, Premium Visa Pass, MM2H and Long-Term Social Visit Pass.
    • Passport that has a digital chip and complies with the standards set by the International Civil Aviation Organization.
  • Previously, only Malaysian nationals were permitted to use the Autogate facility when entering and exiting the country.

BAL Analysis: The Malaysian government expanded access to its expedited entry processes for Long-Term pass holders to reduce travel wait times and streamline entry and exit processes for many foreign nationals.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The Malaysian government recently announced that it will introduce an electronic pass (ePASS) feature for renewing Employment Passes online.

Key Points:

  • Beginning Dec. 1, foreign nationals will be able to renew their Employment Pass through the ePASS feature on this website.
  • Foreign nationals must hold an Employment Pass that is still active, and it must be endorsed in the same passport.
  • Foreign nationals will not be able to use the ePASS feature if they hold a new passport that has not received a previous pass endorsement.
  • Sponsoring employers can use this website to download said Employment Pass and its related passes as an ePASS.
  • More information regarding the ePASS feature is available here.

BAL Analysis: The Malaysian government will introduce the ePASS feature to simplify the Employment Pass renewal process and reduce the number of pages used to endorse such passes on foreign nationals’ passports. BAL will continue to monitor changes to Expatriate Services Division-related services and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

The Malaysian government has introduced a Premium Visa Program (PVIP) for investors to live and work in the country.

Key Points:

  • Foreign nationals can now submit applications for the PVIP to live, work or study in Malaysia for up to 20 years.
  • To be eligible for the PVIP, applicants must:
    • Earn at least 40,000 MYR per month or 480,000 MYR per year.
    • Open a fixed deposit account of at least 1 million MYR with a licensed bank in Malaysia.
    • Pay application fees of 200,000 MYR for themselves and 100,000 MYR for each dependent.
    • Submit applications with an authorized agency appointed by the Immigration Department of Malaysia.
  • Premium visa holders are permitted to work, conduct business activities, study and purchase commercial, industrial or residential real estate while living in Malaysia.

Additional Information: Foreign nationals can be of any age to apply for the PVIP and do not need to meet minimum stay requirements to qualify. More information regarding the PVIP is available here.

BAL Analysis: The Malaysian government introduced the new investor visa program to attract more investors, entrepreneurs and foreign talent to not only live in the country but to work and study as well. Previously, Malaysia’s investor visa program did not allow foreign nationals to work or study in the country.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

The Malaysian government has reminded employers registered on the Expatriate Services Division (ESD) online portal to submit their Employment Pass (EP) and Professional Visit Pass (PVP) quota projections for 2023.

Key Points:

  • Employers can now submit their 2023 EP and PVP quota projections through the ESD online portal.
  • To submit 2023 projections, companies must log in through this website and follow the guided prompts.
  • Unused projections approved for 2022 will not be carried into 2023.
  • Malaysian authorities will process projection requests within five to 10 working days after the application is received.

Additional Information: More information regarding the 2023 projections application process is available here.

BAL Analysis: Companies should plan to submit their projections as soon as possible to avoid possible delays.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Malaysian government has launched a program called PLS@XPATS, allowing qualifying foreign nationals to work in Malaysia during short-term visits.

Key Points:

  • Foreign nationals can now qualify to work in Malaysia for up to 30 days under the PLS@XPATS program if they work in one of the following industries:
    • Agriculture.
    • Aviation.
    • Business services.
    • Commodities.
    • Construction.
    • Education.
    • Electrical and electronics.
    • Finance and banking.
    • Health and medical.
    • Information, technology and infrastructure.
    • Manufacturing.
    • Oil, gas and energy.
    • Security and defense.
    • Tourism.
    • Wholesale and retail.
  • Companies should submit applications through this website on behalf of their foreign workers.
  • Applicants are required to provide an official invitation letter from the employer, a passport with at least six months validity, their work schedule, job description, flight information, and the company’s SSM (Companies Commission of Malaysia) e-info.
  • Foreign nationals must be outside of Malaysia to qualify for the PLS@XPATS program.
  • Malaysian authorities will process PLS@XPATS applications and issue decisions within three business days of receiving applications. If approved, foreign nationals will receive an approval letter to show authorities upon arrival.

Additional Information: Visa-required foreign nationals must obtain a Visa Without Reference (VTR) at their local Malaysian embassy or consulate or apply for an e-visa through this website to enter the country through the PLS@XPATS program.

BAL Analysis: Malaysian authorities launched the PLS@XPATS program to shorten the processing times for qualifying foreign nationals, giving them work authorization more quickly than other programs.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Malaysian government has introduced a Digital Nomad visa.

Key Points:

  • As of Oct. 1, foreign nationals can apply for a remote work permit that is valid for three to 12 months and renewable for 12 months at a time.
  • To be eligible for the Digital Nomad visa, applicants must:
    • Have proof of a minimum yearly income of at least $24,000.
    • Have proof of an active contract for at least three months with an employer based in or outside of Malaysia.
    • Pay a fee of 1,000 MYR for themselves and an additional 500 MYR for each dependent.
  • Digital Nomad visa applications can be submitted through this website.

BAL Analysis: The new visa was created to bring more foreign national “digital nomads” to the country to stimulate the economy, create jobs and help the country recover financially from the effects of the COVID-19 pandemic.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

The Malaysian government has lifted its COVID-19 entry requirements for all travelers.

Key Points:

  • As of Aug. 1, COVID-19 entry rules no longer apply to those traveling to the country, regardless of the traveler’s departure country and vaccination status.
  • Travelers are no longer required to have proof of a negative pre-departure COVID-19 test or take a COVID-19 test upon arrival.
  • Malaysian authorities are no longer requiring  travelers to quarantine upon arrival.

Additional Information: Travelers can download and use the MySejahtera application before or after arrival in Malaysia to track their COVID-19 risk status while staying in Malaysia. More information regarding health policies for those who test positive for COVID-19 while in Malaysia is available here.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

The Malaysian government has announced that it will ease its COVID-19 entry and quarantine requirements for travelers arriving in Malaysia.

Key Points:

  • Beginning April 1, fully vaccinated travelers and those who are medically exempt from the COVID-19 vaccination will be required to:
    • Have proof of a negative PCR test taken within 48 hours before departure.
    • Take an antigen test at a designated facility within 24 hours after arrival.
  • Such travelers will not have to quarantine upon arrival.
  • Travelers who are not fully vaccinated and are not medically exempt will be required to quarantine for five days upon arrive, take a PCR test on the fourth day after arrival and an antigen test on the fifth day after arrival.

Additional Information: Travelers under the age of 18, regardless of their vaccination status, will be exempt from the post arrival testing and quarantine requirements. More information regarding Malaysia’s COVID-19 entry and health policies is available here.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Malaysian government has exempted certain work pass holders from needing to get MYEntry or MYTravelPass permissions to enter Malaysia.

Key Points:

  • As of Jan. 13, individuals applying for the following pass types no longer need MYEntry or MYTravelPass entry permissions:
    • Residence Pass-Talent (RP-T) and their dependent(s).
    • Employment Pass (Category EP I, II and III).
    • Professional Visit Pass (PVP).
    • Dependent Pass to expatriate for all categories.
    • Long-Term Social Visit Pass.
    • Foreign maids for foreign nationals.
  • Short-term business travelers and embassy staff and their dependents do not meet the exemption requirements and must continue to get MYEntry or MYTravelPass permissions to enter the country.

BAL Analysis: The Malaysian government intends to streamline application process for the applying for the passes listed above.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.