IMPACT – MEDIUM

The Malaysian government has updated its entry and quarantine requirements for travelers arriving in Malaysia.

Key Points:

  • Fully vaccinated travelers who have received a booster shot must:
    • Quarantine for five days.
    • Have proof of a negative PCR test taken within 48 hours of departure.
    • Take a PCR test upon arrival and take a PCR test on the fourth day after arrival or a supervised antigen test on the fifth day after arrival.
  • Fully vaccinated travelers who have not received a booster shot must:
    • Quarantine for seven days.
    • Have proof of a negative PCR test taken within 48 hours of departure.
    • Take a PCR test upon arrival and take a PCR test on the fifth day after arrival or a supervised antigen test on the seventh day after arrival.
  • Travelers who are not fully vaccinated must:
    • Quarantine for ten days.
    • Have proof of a negative PCR test taken within 48 hours of departure.
    • Take a PCR test upon arrival and take a PCR test on the eighth day after arrival or a supervised antigen test on the tenth day after arrival.

Additional Information: Travelers will be released form their quarantine once they receive a negative PCR or antigen test taken near the end of their designated quarantine period. More information regarding 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.

The Malaysian government has provided additional information on the new features and services available on the Expatriate Service Division (ESD) portal.

Key Points:

  • Online endorsement and online payment. Applicants can now make immigration fee payments through the online portal. This will reduce in-person visits to the Immigration Department and MYXpats Center.
  • Endorsed Pass Delivery. Authorities will deliver endorsed Employment Passes (EP), Professional Visit Passes (PVP) and related passes. More information regarding the delivery of endorsed passes can be found here.
  • Improved portal features. Employers must now upload documents through the online portal for passes to be endorsed. All related notifications from regarding endorsements will now be sent through the system.

Additional Information: The Malaysian government announced the changes to the ESD portal in early October. The ESD Satellite Center at the Kuala Lumpur International Airport will open on Dec. 1. The process for Transfer of Endorsement (TOE) remains unchanged at this time.

BAL Analysis: BAL will continue to monitor changes to ESD-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 © 2021 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 foreign nationals who hold a Long-Term Visit Pass will be able to enter the country without having to apply through My Travel Pass (MTP) or MyEntry.

Key Points:

  • Beginning Nov. 1, foreign nationals who hold one of the following Long-Term Visit Passes will be exempt from the application process for entering the country:
    • Diplomat (Exemption Order)/Dependent/Foreign Maid.
    • Employment Pass (Category I, II, III)/Dependents/Foreign Maid.
    • Foreign Maid (PRA).
    • Long-term Pass (Husband/Wife/Child) to Citizens.
    • Malaysia Pass My Second Home (MM2H)/Dependents/Foreign Maid.
    • Permanent Resident (PR)/Spouse to PR/Child to PR.
    • Professional Visit Pass.
    • Professional Visit Pass – Specialist.
    • Resident Pass.
    • Resident Pass-Talent (RP-T)/Dependents/Foreign Maid.
    • Senior Citizen Pass.
    • Student/Dependent/Escort Pass.
    • Temporary Working Visit Pass (PLKS).
    • Widow/Widower Pass to Citizens.

Additional Information: Individuals who hold a Social Visit Pass, expired Long-Term Visit Pass, Application for Employment Pass (Category I, II, III)/Resident Pass-Talent (RP-T)/Dependents/Foreign Maid and Professional Visit Pass (newly approved) or Short-Term Business Traveler Pass must apply through MTP or MyEntry before entering the country.

BAL Analysis: Malaysian entry procedures remain subject to existing immigration rules, health protocols and quarantine requirements implemented by the Ministry of Health. BAL will continue to monitor entry procedure developments 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 © 2021 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 reminded employers registered with the Malaysia Digital Economy Cooperation (MDEC) to submit their Foreign Knowledge Workers (FKW) projections for 2022.

Key Points:

  • Beginning Nov. 1, the eXpats system will be open for 2022 FKW projections.
    • Only companies with FKW requirements for the first quarter of 2022 should submit their projections to ease the approval process.
  • MDEC companies should submit projections by logging into this website and checking the submission checklist.

Additional Information: MDEC companies can submit their FKW projections throughout 2022 based on their hiring needs. Companies cannot apply for new or renewal employment passes without submitting a FKW projection.

In addition to submitting 2022 FKW projections in November, companies have until Nov. 14 to submit FKW projections for the rest of 2021. Companies should ensure that they select the correct year, 2021 or 2022, when submitting their FKW projections.

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 © 2021 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 announced a new online platform to process Employment Pass (EP) and Professional Visit Pass (PVP) applications to be implemented in November.

Key Points:

  • Beginning Nov. 15, the following features and services will be available for EP and PVP applicants:
    • Online endorsement and payment. Applicants will be able to pay immigration fees with internet banking or a credit/debit card and upload/endorse documents through the online portal.
    • Pass sticker delivery. EP, PVP and related passes will be delivered to applicants.
    • Streamlined services. A new Expatriate Services Division will be opened at the Kuala Lumpur International Airport to endorse approved passes for eligible pass holders.
  • Revised application service fees for EP, PVP and Transfer of Endorsement (TOE) can be found here.

Additional Information: Further guidelines regarding the online platform and fee changes will be announced before Nov. 15 on this website.

BAL Analysis: The new online platform aims to reduce the processing times of EP and PVP applications and improve end-to-end services for many foreign nationals.

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

Copyright © 2021 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 announced that individuals can now submit home quarantine applications online.

Key Points:

  • As of Sept. 21, international travelers may now apply for home quarantine through this website.
  • Applications must be submitted seven to 10 days before entering the country.
  • To be eligible for the home quarantine, individuals must:
    • Have a home or residence in Malaysia.
    • Receive a negative PCR test result conducted within 72 hours of departure to Malaysia.
    • Be fully vaccinated.
    • Be an existing visa pass holder.

Additional information: If approved, the home quarantine application lets foreign nationals carry out the 14-day mandatory quarantine at their home or residence rather than a designated facility.

Foreign nationals from Bangladesh, India, Nepal, Pakistan and Sri Lanka had been restricted from entering, but can now enter the country if they are fully vaccinated, take a PCR test and quarantine upon arrival. Applications to enter the country can be submitted to MYTravelPass or MYEntry.

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 © 2021 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 – HIGH

Malaysia’s Social Security Organization (SOCSO) issued new guidelines on Jan. 1 regarding job advertisements on SOCSO’s MYFutureJobs portal.

Key Points:

  • For new applications of any category of employment pass, employers must now advertise the new job position on MYFutureJobs. The new job vacancy must be advertised on MYFutureJobs for a minimum of 30 days.
  • Employers must conduct job interviews within the 30-day period of posting. They must do so without the direct involvement of the SOCSO.
  • Employers must also submit a Hiring Outcome Report (which can be downloaded from SOCSO’s official website) within two days after conducting a job interview.
  • All employers’ applications for hiring expatriates will be presented to the Expatriates Hiring Committee (JPPD) for consideration. Employers must obtain a recommendation certificate for hiring expatriates from the Expatriates Hiring Committee before submitting the Employment pass application to the relevant immigration agencies.
  • There are two types of exemptions to advertising on MYFutureJobs: conditional and automatic. For conditional exemptions, employers must complete the prescribed SOCSO form, “Form PDKK,” to apply for consideration from SOSCO for specialized skilled positions to be exempted from advertising. Specialized skilled positions include specific and unique skills as well as strategic competencies to carry out tasks stipulated by employers.
  • The following are automatically exempt:
    • Foreign nationals working in important positions (e.g., C-suite, key posts within a company) and expatriates with monthly income of RM15,000 and above.
    • Foreign nationals who are investors, shareholders or owners.
    • Corporate transferees, placements and foreign personnel coming to Malaysia under an International Trade Agreement.
    • Foreign nationals working in a Representative Office/ Regional Office (RERO).
    • Foreign nationals working in international organizations.
    • Foreign nationals working in sports sectors.
  • Renewals of employment passes with pre-approved positions will also be exempted from advertising on MYFutureJobs. Please refer to this FAQ.

Background: Malaysia’s government implemented its MYFutureJobs policy Jan. 1, 2021.

Analysis & Comments: The changes will add to the time it takes to hire expatriates for jobs in Malaysia. Employers who intend to hire expatriates there may wish to consult with Deloitte to discuss their plans.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Malaysia’s government will implement its MYFutureJobs policy on Jan. 1, 2021.

Key Points:

  • The MYFutureJobs policy requires employers that wish to hire expatriates to comply with a number of measures in order to support the hiring of local workers first, such as advertising new job openings on the MYFutureJobs portal for a minimum of 30 days.
  • The job postings must include job titles, skills and competencies, academic qualifications, salaries and other relevant information.
  • Employers must also submit the PAPD form after posting their job openings, conduct interviews within 30 days of posting a job opening and submit the Hiring Outcome Report. (The report can be downloaded here).
  • More information about the MYFutureJobs policy can be found here.

Analysis & Comments: The MYFutureJobs policy is part of the Malaysian government’s efforts to give priority to local job seekers for new job openings over expatriates. Employers may wish to contact Deloitte to receive guidance on how to be in compliance with the new policy.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Malaysia’s government has announced updates for the conditional movement control order.

Key Points:

  • The conditional movement control order will be extended to Dec. 20 for Kuala Lumpur, Selangor and Sabah, but not for Sabak Bernam, Hulu Selangor and Kuala Selangor.
  • The conditional movement control order has ended for Labuan, Penang, Putrajaya (with the exception of two sub-districts), Perak (but not for certain areas), Kelantan (except  for Kota Bharu, Machang, Pasir Mas and Tanah Merah), and Negri Sembilan (except  for Port Dickson and Seremban).
  • The conditional movement control order will not be restarted in Johor, but it has been for the districts of Batu Pahat, Johor Bahru, Kota Tinggi, and Kulai which are now under it until Dec. 20.
  • Areas where the conditional movement control order has been lifted will be placed under the recovery movement control order.

Background: Malaysia first extended the movement control order in March to mitigate the spread of COVID-19.

Analysis & Comments: The extension means movement will continue to be restricted in areas covered by the order. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

 

IMPACT – HIGH

Malaysia’s government has reopened immigration offices and two important expatriate centers.

Key Points:

  • All immigration offices and counters reopened this week, with services provided on an appointment basis only.
  • Counter services at the Expatriate Services Division-Putrajaya and the MYXpats Center at Mutiara Damansara resumed operations Dec. 7 on an appointment-only basis. No walk-ins are permitted.

Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.