Moore Bzi Malaysia Work Permit Services: Your FAQ Guide

Expanding your business or advancing your career in Malaysia requires a clear understanding of the work permit and visa process.

At Moore Bzi, we specialise in simplifying these complex procedures, enabling both Malaysian businesses and foreign professionals to achieve their goals with confidence. 

This FAQ guide addresses key questions about our work permit services to provide you with the knowledge you need for a successful journey.

What are the Main Types of Work Permits in Malaysia?

Malaysia offers several types of passes for foreign nationals, each tailored to different roles and durations. The most common are:

• Employment Pass (EP)

This is for skilled professionals, managers, and executives who have secured a long-term contract with a Malaysian company. It is categorized into three types based on salary and contract duration.

• Professional Visit Pass (PVP)

Designed for short-term, specific assignments, such as training, consulting, or machinery installation. The validity of a PVP is typically up to 12 months.

• Residence Pass-Talent (RP-T)

A long-term pass (up to 10 years) for highly qualified and skilled foreign talent who can contribute significantly to Malaysia’s economic development. This pass offers greater flexibility as it is not tied to a single employer.

For comprehensive guidance on types of work permit: Types of Working Permit in Malaysia We Can Help

Who is Eligible to Apply for a Work Permit?

Eligibility for a Malaysian work permit is determined by a number of factors related to both the foreign professional and the Malaysian company.

For the foreign professional, key criteria include:

• Qualifications and Experience: Applicants for a professional pass (like the Employment Pass) are typically required to have a degree with at least three years of relevant experience, a diploma with five years, or a technical certificate with seven years of experience.
• Job Role: The position must be for a managerial, executive, or technical role that requires specific skills and expertise not readily available in the local labour market.
• Minimum Salary: A minimum monthly salary is required, which varies depending on the type of pass and the category of the Employment Pass.
• Valid Passport: The applicant’s passport must have a minimum validity of 18 months.

For the Malaysian company, the eligibility criteria include:

• Company Registration: The company must be registered with the Companies Commission of Malaysia (SSM) and, for most passes, with the Expatriate Services Division (ESD).
• Sponsorship: The company must be the official sponsor of the foreign professional’s work permit application.
• Paid-Up Capital: Companies must meet a minimum paid-up capital requirement, which varies depending on the industry and the percentage of foreign ownership.
• Genuine Need: The company must demonstrate a genuine need to hire a foreign professional for the role, and in some cases, may need to advertise the position to local talent first.

What is a Key Requirement for Securing a Work Permit?

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A fundamental requirement for most work permits in Malaysia is having a sponsoring company. Foreign nationals cannot apply for a work permit on their own. 

The hiring company in Malaysia must first be registered with the Expatriate Services Division (ESD) and then apply for the pass on behalf of the foreign professional. This critical step ensures that the employment is legitimate and aligns with government regulations.

Navigating ESD registration and sponsorship requirements can be complex, but it does not have to be. Our expert support makes the entire process easier:

How Long Does the Application Process Take?

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The processing time for a work permit application can vary depending on the type of pass and the completeness of the documentation. While the Expatriate Services Division (ESD) aims to process applications within five working days, the overall timeline can be longer.

This includes the time needed for company registration with the ESD, obtaining any necessary endorsements from sector-specific agencies (such as the Malaysian Investment Development Authority (MIDA) or Malaysia Digital Economy Corporation (MDEC)), and submitting all required documents. 

We recommend planning for a total process of several weeks to a few months to ensure a smooth transition.

What Documents Are Needed for an Application?

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The documentation required is extensive and precise. While specific requirements vary by pass type, you can generally expect to prepare:

• A full copy of your passport (with at least 18 months of validity).
• Your resume and academic certificates (which may need to be certified and translated).
• A recent passport-sized photograph with a blue background.
• A signed employment contract and a detailed job description.
• For the sponsoring company, documents like the company’s SSM registration and financial reports are necessary.

Moore Bzi provides a comprehensive checklist on preparing these documents to minimise the risk of rejection and delays. Check out: How to Apply for Malaysia Employment Pass (New Requirements!)

Can I Bring My Family to Malaysia with a Work Permit?

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Yes, holders of an Employment Pass (Category I and II) are eligible to bring their immediate family members (spouse and dependent children) to Malaysia under a Dependent Pass. 

For other family members, such as parents, a Long-Term Social Visit Pass (LTSVP) may be applicable. It is important to note that holders of a Professional Visit Pass (PVP) are not eligible to bring their dependents. 

The application for dependent passes is typically submitted alongside the main work permit application.

The table below summarizes the key differences between the Dependant Pass (DP) and Long-Term Social Visit Pass (LTSVP).

Can I Switch Employers on a Work Permit?

This depends on your specific pass. The Employment Pass is tied to your sponsoring company. If you wish to change jobs, your current pass must be cancelled, and your new employer will need to apply for a brand new Employment Pass on your behalf. 

This is a crucial consideration for foreign professionals. However, the Residence Pass-Talent (RP-T) offers greater flexibility, as it is not tied to a specific employer, allowing you to switch jobs more easily.

An RP-T holder has the freedom to change employers without having to cancel their pass and reapply. 

This flexibility makes the RP-T a highly sought-after pass for those who meet the rigorous eligibility criteria, as it empowers them to navigate their career path in Malaysia with significantly more autonomy.

Can I Apply for a Work Permit from Inside Malaysia on a Tourist Visa?

No. The Malaysian Immigration Department does not allow for a tourist visa to be converted into a work permit from within the country. All foreign nationals must be outside Malaysia when their work permit application is submitted. 

Once the application is approved, they will be issued a visa approval letter (VAL), which they can then use to enter Malaysia and have their pass endorsed.

Is Remote Work Allowed on a Work Permit?

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For an Employment Pass (EP) holder, remote work is generally allowed, provided it is for the Malaysian company that sponsors your pass. This is because your work permit is tied to that specific employer. However, using your EP to work for a company outside of Malaysia is a violation of your visa conditions. 

For foreign professionals working for a foreign company, the DE Rantau Nomad Pass is the correct pathway. 

It is specifically designed for digital nomads and remote workers who earn income from clients or employers outside of Malaysia, allowing them to legally reside and work in the country for up to a year.

Applicants will have to go directly to the MDEC website for the application, as MDEC does not endorse or authorise any third party as agents for the DE Rantau Nomad Pass applications.

What Happens if the Permit Expires?

When a work permit in Malaysia expires, it is considered a serious legal offense known as “overstaying.” It is a strict liability offense, meaning there is no need to prove criminal intent. The consequences are severe for both the individual and the employer.

Consequences for the Individual

An individual with an expired work permit is considered an undocumented immigrant. This can lead to:

• Detention and Imprisonment: The individual may be detained in an immigration depot. Upon conviction, they can face imprisonment for up to five years.
• Fines: The penalty for overstaying is a fine of not less than RM10,000.
• Whipping: For male offenders, a conviction may also include caning of not more than six strokes.
• Deportation and Blacklisting: The individual will be deported to their home country and banned from re-entering Malaysia for a specified period, typically ranging from one to five years.

Consequences for the Employer

Employers have a legal obligation to ensure their foreign workers have valid permits. Failing to do so can result in harsh penalties for the company and its management.

• Fines and Imprisonment: An employer found to be hiring or harboring an individual with an expired permit can be fined up to RM50,000 or face imprisonment of up to one year, or both, for each undocumented worker.
• Blacklisting: The company may be blacklisted and prohibited from hiring foreign workers in the future.

How to Avoid This

The best practice is to begin the permit renewal process at least three months before the expiration date. This provides a sufficient buffer to account for any potential processing delays, documentation issues, or unforeseen complications.

Reach out to Moore Bzi to save yourself the hassle of navigating the complex and time-consuming application process on your own. 

What is the Role of Moore Bzi in This Process?

At Moore Bzi, we offer comprehensive support for employers hiring foreign professionals, providing a one-stop shop for navigating Malaysia’s complex immigration process. 

Our services are designed to manage every step, from initial eligibility checks to the final permit issuance and beyond.

1. Our Services and Eligibility

We offer a wide range of services for employers, including:

Eligibility Assessment

Yes, we can help you determine if your company is eligible to hire foreign talent by assessing factors such as your company’s paid-up capital and your specific need for foreign expertise.

Permit Application

We can help you apply for a variety of work permits, including the Employment Pass (EP), Professional Visit Pass (PVP), and Dependent Pass for your employees’ families.

Quota and Sector Approvals

Yes, we assist with quota applications and obtaining the necessary sector-specific approvals from government bodies, such as the Construction Industry Development Board (CIDB) or the Ministry of Human Resources (MOHR).

Outsourcing the Process

You can outsource the entire permit application process to us, allowing you to focus on your core business operations while we handle the complex paperwork and liaisons.

Registered Sponsorship

Yes, your company must be a registered sponsor with the Expatriate Services Division (ESD) to hire foreign staff, and we can assist with this crucial registration process.

2. The Application Process

Liaising with Departments

Yes, we will act as your representative, liaising directly with the Immigration Department and other relevant government bodies on your behalf to manage and expedite the application.

Transferring Employees

Yes, we can help you with the process of transferring a foreign employee from another company. This typically requires canceling the current pass and submitting a new application under your company’s name.

Dependent Passes

Yes, we handle the applications for Dependent Passes for your employees’ families, ensuring a smooth relocation for the entire family.

Processing Time

The time it takes to obtain a work permit for a foreign employee varies, but it typically ranges from several weeks to a few months, including the time required for company registration with the ESD.

3. Compliance and Post-Application Services

Immigration Compliance Audit

Yes, we can conduct an immigration compliance audit for your HR team to ensure your company meets all regulatory requirements and mitigates risks.

Rejected Cases

Yes, we can assist with work permit cases that have been rejected, providing expert guidance on the appeal process and helping you address the reasons for the rejection.

Express Processing

While we can expedite the process by ensuring all documents are correct and submitted promptly, the final processing time is determined by the relevant government departments. We can advise you on the availability of express services.

4. Business and HR Support

Payroll Outsourcing

We offer payroll outsourcing services tailored to the needs of employers with foreign professionals, ensuring accurate and compliant payroll processing, including all necessary tax and statutory contributions.

HR Training

While we do not explicitly advertise HR training on best practices, our compliance audit and consultation services provide valuable insights that can train your team on immigration regulations and best practices.

Licensed Agency

Moore Bzi is a reputable consultancy with a proven track record and is certified to the ISO 9001:2015 quality management system for our services, demonstrating our commitment to delivering professional and high-quality service.

Our expertise and proactive approach ensure a high success rate, transforming a daunting process into a streamlined pathway to your Malaysian ambitions. 

Don’t let the complexities of immigration hold back your business or career. Partner with Moore Bzi to navigate Malaysia’s work permit process with confidence and ease.

Get in touch today for a free consultation and take the first step towards a seamless journey.