Malaysia: New Work Pass Applications
Malaysia now requires employers sponsoring certain Employment Pass and Visit Pass (Temporary Employment) applications to include a standard declaration attesting to the application’s accuracy and the authenticity of its supporting documents. The declaration is required for both new and renewal Employment Pass and Visit Pass (Temporary Employment) applications for foreign nationals who will earn a monthly salary (excluding allowances) of MYR 8,000 (approximately USD 2,488) or higher. This new requirement took effect on July 5, 2010.
The declaration is made on standardized form, called a Letter of Undertaking (LOU), that must be signed by one of the sponsoring company’s directors and include the company’s stamp. The LOU is submitted during “Stage 1” of the application process, when the employer seeks approval for the foreign national’s proposed position within the company. If the Malaysian immigration authorities find that a false declaration was made in the LOU, the work pass will be revoked and the signing director will be liable to a fine of up to MYR 10,000 or imprisonment for up to five years.
It is expected that this new requirement will reduce the processing time for Stage 1 of the application process to less than seven business days for those foreign nationals that meet the salary threshold. Applications for positions with salaries below the threshold will continue to be processed within seven to ten business days.
In preparing this alert, Fragomen worked closely with the law firm of Shearn Delamore & Co. in Kuala Lumpur, Malaysia. The content of this alert is provided for informational purposes only.
If you have any questions regarding this alert, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to APCCInitiations@fragomen.com.