How To Get a Working Permit in Malaysia

If you’re planning to work in Malaysia, understanding the work permit process is crucial.

Without the right permit, working legally isn’t possible, and both employers and employees could face penalties.

Let’s explore the types of work permits, application processes, and what you need to get started.

Why Foreigners Need a Work Permit in Malaysia?

In Malaysia, a work permit is a legal requirement for foreigners to take up employment.

It’s part of the government’s efforts to regulate the workforce, protect local jobs, and maintain fair employment practices.

Without the right permit, working in Malaysia could lead to penalties for both the employee and the employer.

Types of Work Permits Available

Malaysia offers several work permits tailored to different roles, employment durations, and industries.

Choosing the correct permit depends on your job type and the nature of your stay.

1. Employment Pass (EP)

The Employment Pass is for highly skilled roles such as managers, technical experts, or professionals. To qualify for this pass:

The applicant must have a valid job offer from a registered Malaysian company.
The role should meet minimum salary criteria, typically RM3,000 to RM10,000 per month depending on the position.
Approval must be obtained from the Expatriate Committee or relevant regulatory authority.

The pass is typically valid for 1-5 years and is renewable.

2. Professional Visit Pass (PVP)

This pass is for foreigners working temporarily in Malaysia but employed by a company based outside the country.

It’s often used for guest lecturers, trainers, or artists visiting for short-term projects.

The pass is valid for up to 12 months and is non-renewable.

The employee must remain on the payroll of the foreign company.

3. Temporary Employment Pass (TEP)

This pass is for jobs in industries like manufacturing, construction, and agriculture.

It applies to expats from approved countries and is valid for up to two years.

A TEP is commonly used for unskilled or semi-skilled roles.

Workers from approved countries like Indonesia, Nepal, or Myanmar can apply for this pass.

4. Dependent Pass

Employment Pass holders can bring their immediate family members, such as spouses and children under 21 years old, to Malaysia using a Dependent Pass.

However, dependents cannot work unless they apply for their own work permits.

Who needs a Malaysian work visa (Malaysia Visa With Reference)?

Foreign nationals who wish to work in Malaysia must obtain a work visa.

If you're from a visa-required country, you will need a Visa With Reference (VDR), approved by the Malaysian Immigration Department, before traveling.

Nationals from visa-exempt countries can enter Malaysia directly once their work permit is approved.

Requirements for Applying for a Work Permit

To apply for a work permit, both the employer and the employee must provide several documents. These include:

1. Valid Job Offer from a Malaysian Company

Foreign workers must have a job offer from a company in Malaysia.

The company must be registered and recognized by the government.

The employer is responsible for starting the work permit application process on your behalf.

2. Qualifications and Experience

Foreign worker must have the necessary qualifications and experience for the job they are applying for.

For high-skilled positions requiring an Employment Pass, worker usually need a diploma, degree, or certificate related to the role, plus work experience.

Lower-skilled roles under the Temporary Employment Pass may not require formal qualifications but depend on meeting age and nationality criteria.

3. Health and Character Certification

Health checks are a must.

After arriving in Malaysia, foreign worker need to visit a clinic approved by FOMEMA to prove the workers are healthy and free from serious diseases.

The foreign worker also needs a clean police record or a letter of good conduct from their home country.

4. Proof of Financial Support

Worker must show that they can support themselves financially.

Employers usually provide this proof in the job contract by mentioning the salary.

For some permits, additional documents like bank statements may be needed.

5. Sector-Specific and Age Requirements

Foreign worker must meet specific conditions based on the sector they are hired for:

Allowed Sectors: Manufacturing, construction, services, plantation, agriculture, and mining.
Countries Allowed: Workers must come from approved countries like Indonesia, Nepal, or Myanmar.
Age Limit: You must be between 18 and 45 years old when applying.

Work Permit Application Process in Malaysia

The application process for work permits involves several steps and is typically handled by the employer.

Step 1: Employer’s Role

Before anything else, the employer must get permission to hire a foreign worker. This step differs based on the job type:

For skilled roles, the employer needs to apply for approval from the Expatriate Committee or specific agencies like MIDA (Malaysian Industrial Development Authority).
For unskilled roles, the employer must get quota approval from the Ministry of Human Resources.

Step 2: Work Permit Submission

After getting approval, the employer submits the work permit application to the Malaysian Immigration Department.

This includes providing all required documents and paying the necessary fees.

Step 3: Visa With Reference (VDR)

If the worker comes from a country that requires a visa, they must apply for a Visa With Reference (VDR) at the Malaysian Embassy or Consulate in their home country.

The employee will use the approval letter provided by the Immigration Department to apply.

Step 4: Finalizing the Work Permit

Once the worker arrives in Malaysia, they must go through a medical check-up.

After being cleared, the Immigration Department issues the work permit card and places a sticker on their passport. At this point, the employee is legally allowed to start working.

Costs and Fees

The costs of getting a work permit depend on the type of permit and the employment sector. Employers usually cover these costs, which include:

Levy fees: Range from RM640 to RM1,850 annually, depending on the sector.
Processing fees: RM60 per permit.
Visa fees: Depending on the employee’s nationality, usually between RM13 and RM50.
Medical check fees: For required health examinations.

Payments can be made in cash or through bank drafts.

Processing Time

The time it takes to process work permits varies:

Employment Passes: Usually take 1-3 months because of detailed checks.
Temporary Employment Passes: Typically take about 1 month.
Professional Visit Passes: Usually processed within 2-4 weeks.

Delays can happen if documents are incomplete or during busy periods. Starting early is recommended.

Compliance and Legal Requirements

Both employers and employees must follow Malaysian work permit rules to avoid legal issues.

Employers must:

Only hire workers for approved roles and sectors.
Keep work permits valid and renew them on time.
Stick to quotas and conditions specific to their sector.

Employees must:

Work only for the employer listed on their work permit.
Avoid tasks or jobs not included in their work permit.

Breaking these rules can lead to fines, cancellation of permits, or deportation.

Renewing Work Permits

Work permits need to be renewed before they expire. To renew, the following steps must be taken:

Submit updated documents, such as a new medical report, insurance details, and passport.
Pay the renewal fees, including levies and processing costs.

It’s a good idea to start the renewal process three months before the permit expires to avoid any penalties.

Common Challenges and Solutions

Getting through the work permit process in Malaysia can come with a range of challenges, especially for foreigners unfamiliar with local procedures.

Below are some common issues and straightforward solutions to address them:

1. Incomplete or Incorrect Documentation

Missing paperwork or errors in applications can delay the approval process or lead to outright rejection.

To avoid this, double-check all required documents before submission.

Employers should create a checklist for documents like passports, medical reports, and job contracts.

It’s also helpful to consult an immigration specialist or legal advisor for guidance.

2. Delays in Processing

Processing times for work permits can be unpredictable due to high application volumes, incomplete submissions, or additional verification required by authorities.

So, start the application process early to account for potential delays.

Monitor the progress of the application and maintain open communication with immigration officers to address any queries promptly.

3. Quota Limitations

Certain employment sectors have quotas for hiring foreign workers.

Employers may face difficulties if the quota for their industry is already full.

Regularly check quota availability and submit applications early in the year.

For specialized roles, applying for special approvals through the Expatriate Committee may provide a solution.

4. Health Examination Challenges

Foreign workers must pass a medical check at a FOMEMA-registered clinic in Malaysia.

Failing this health check can lead to the permit being denied.

Avoid this by conducting pre-departure medical tests in the worker’s home country to identify potential health issues.

Employers should guide employees to approved clinics and assist them in scheduling appointments.

5. Non-Compliance with Legal Requirements

Employers and workers risk penalties, including fines or deportation, for failing to comply with permit regulations, such as working without a valid permit or missing renewal deadlines.

Be strict in following immigration laws, keeping records updated, and setting reminders for renewals.

Employees should understand the scope of their work permits and only perform approved tasks for the listed employer.

Can you bring your family members with a Malaysian work visa?

Only Employment Pass holders can bring their family members to Malaysia.

Immediate family, such as spouses and children under 21, are eligible for Dependent Passes.

Older children and parents may qualify for Long-Term Social Visit Passes. Dependents cannot work unless they apply for a separate work permit.

FAQ

Can work permits be transferred to another employer?

No, permits are tied to the specific employer. A new employer must apply for a fresh permit.

What happens if the permit expires while the employee is still in Malaysia?

Overstaying is a legal violation. Employers must renew permits on time, or employees may face fines and deportation.

Are dependents allowed to stay with the employee under the work permit?

Yes, dependents of Employment Pass holders can stay. However, they cannot work without their own permits.

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