Immigration Into Malaysia: Visa And Work Permits For Expatriates

Malaysia’s immigration policies are liberal and welcoming to expatriates. Besides general work permits for expatriates¹, several specialised visa types cater for all types of stays in Malaysia – including, inter alia, short business trips, urgent work deployments, remote working in the digital industry, long-term residency permits and retirement options.

Visa applications can usually be submitted online and are processed within one to two weeks. In-person appointments or submissions of original passports to a consulate or visa centre are normally not required. Even the final endorsement of the visa is done via electronic passes which can be downloaded and printed.

However, as is often the case, the devil is in the details. Applications for long-term visas generally require the prior registration of the employer with the Immigration Department and the requirement of additional approvals in certain sectors may delay the application process. For some positions, local employees would need to be considered first and the employment of a foreign expert may need to be justified. Underlying immigration policies are often not made public, and the policies can sometimes be rather vague or change without prior notice. Also, as in most countries, immigration decisions are usually subject to the discretion of the officers in charge.

At the same time, visa applications can be highly emotional for the applicants as delays or complications usually directly impact their personal life.

Planning immigration matters early and diligently is therefore a key factor for the success of an application and the overall project.

This guide aims to introduce the most relevant visa types for expatriates and investors (Part A), provide a comparison of the different visa types (Part B.), give an overview of the immigration process for work permits (Part C), and explore relevant additional immigration considerations and policies (Part D).

A. Visa Types

The two most important visa types for expatriates in Malaysia are the Employment Pass, which is the standard work visa for expatriates who are employed in Malaysia, and the Professional Visit Pass, which is a visa for foreign experts assigned to a project in Malaysia without being employed in Malaysia (e.g. for installation works or trainings).²

However, other visa types may be better suited for short business trips or urgent technical assignments. Likewise, foreigners planning to live in Malaysia on a more permanent basis independent from a specific employer may opt for special long-term visa types.

The most relevant visa types for expatriates and investors are summarised below:

I. Short-Term Social Visit Pass

The standard visa for short touristic, social or business trips; usually granted upon arrival.

Nationals of most countries³ are eligible for a Short-Term Social Visit Pass (“ST-SVP”) permitting a stay of up to 90 days, which is granted upon arrival in Malaysia. Passport holders of some countries⁴ (e.g., Bangladesh or Pakistan) must apply for the ST-SVP prior to their arrival in Malaysia. 1. Features An ST-SVP permits stays for, inter alia, the following reasons:

• Visiting relatives;
• Tourism;
• Journalism / reporting;
• Meetings and conferences;
• Factory inspections;
• Auditing company accounts; and
• Contract negotiations and signings.

However, professional activities such as installation works, maintenance, repairs or other technical services are not allowed.

2. Application Process

For nationals that are not eligible for an ST-SVP upon arrival, applications can be submitted online⁵ or to the closest embassy / consulate in the country of residence. The required supporting documents include a confirmed return flight booking, proof of accommodation in Malaysia, proof of sufficient funds to finance the stay and documents supporting the purpose of the stay (e.g. an invitation of a business partner or to a conference).

Nationals eligible for a ST-SVP upon arrival should be able to present such supporting documents to the immigration officers at the airport or other border crossing when entering into Malaysia, if requested.

3. Immigration, Validity, Renewal

ST-SVPs are generally single-entry visas. They are valid for a period of up to 90 days, depending on the nationality of the foreigner. ST-SVPs are not renewable.

II. Multiple Entry eVisa

Multiple Entry eVisas are a special type of ST-SVP for multiple short term stays within a certain period.

Foreigners that are not eligible for an ST-SVP upon arrival may apply for a so-called Multiple Entry eVisa (“MEV”), which allows them to enter into and exit from Malaysia for a specific purpose during a limited period of time without having to reapply for a new ST-SVP for each entry. The MEV is therefore not a separate visa type but a multiple-entry ST-SVP.

1. Features

• An MEV allows a foreigner to enter Malaysia for several short term stays for up to 90 days per visit (depending on the nationality of the applicant) during a term of 3 to 6 months.
• MEVs can be issued for the following purposes:
• Business (limited to business meetings, factory inspections, conferences, and other activities not requiring a work permit⁶);
• Medical treatment;
• Wedding tourism; or
• Fly & Cruise.

2. Application Process

An application for an MEV can be submitted online⁷ by the applicant. In addition to the application documents required for an ST-SVP, applicants must provide documents supporting the specific purpose of their stay. This could be an invitation letter from a business partner, proof of the intended medical treatment, an invitation or booking for a wedding in Malaysia or the booking for a cruise starting and ending in Malaysia.

3. Immigration, Validity, Renewal

The approval of an MEV is issued online and must be presented upon arrival in Malaysia.

The duration of each stay during the term of the MEV is limited to the maximum duration of an ST-SVP based on the nationality of the applicant.

MEVs are not renewable, but a new visa may be applied for.

III. PLS@Xpat

A special short-term work permit for urgent work assignments.

The PLS@Xpats programme was introduced in 2022 as a result of the private sector’s demand for a short-term visa allowing foreign experts to enter the country to provide urgent technical work without a lengthy and complex visa application process.

1. Features

The PLS@Xpats work permission can be granted for the following purposes:

• Emergency work;
• Repair works;
• Installations;
• Recovery and reinstallation works;
• Maintenance;
• Testing and commissioning; and
• Other urgent tasks.

2. Requirements

The PLS@Xpats is technically not an independent visa type but a special working permission to conduct urgent work under an ST-SVP. It is accordingly important to note that if the foreign expert is not eligible for an ST-SVP upon arrival, the expert must apply for an ST-SVP separately.

PLS@Xpats permissions are available for most industry sectors.

Applicants must explain why a foreign expert is required for a particular task and why the task is urgent or critical for the operation of its business in Malaysia. The application must also be supported by an invitation letter from the local entity for whom the task is to be performed.

3. Application Process

Applications can be submitted online by the Malaysian entity for whom the task is performed, the foreign expert’s employer or a service provider via a special portal.⁸

The official processing time is 3 to 5 working days from the date of submission.

4. Immigration, Validity, Renewal

The PLS@Xpats approval letter must be presented together with the supporting documents for the ST-SVP during the immigration process upon arrival in Malaysia. The maximum duration of stay under a PLS@Xpats is 30 days. Renewals or extensions are not allowed.

IV. Professional Visit Pass

The standard short- or long-term work permit for work assignments of experts employed abroad.

Longer or non-urgent work deployments of foreign experts, who are employed abroad, require a Professional Visit Pass (“PVP”). PVPs require a local sponsor, who invites the foreign expert for a specific task. The local sponsor must submit the application for the PVP via its own registered immigration account.

1. Features

PVPs are granted for the following purposes:

The transfer of expertise (or tasks requiring special expertise otherwise not available);

• Research;
• Training;
• Volunteering;
• Exhibitions; and
• Internships.

The foreign expert must be employed by a foreign entity and may not receive a salary from the local sponsor.

Family members of PVP holders are not eligible for special dependent visas.

2. Requirements

The foreign expert must hold the following minimum qualifications:

• A university degree and at least 3 years’ professional experience in the relevant field;
• A diploma – a special qualification below university-level (not to be confused up with what is known as Diplom in Central Europe) – and at least 5 years’ professional experience; or
• A technical certificate and at least 7 years’ professional experience.

The local sponsor must justify why the foreign expert is required for the specific task. This may require detailed justification letters and additional supporting documents evidencing the need for the foreign expert.

3. Application Process

The application for a PVP can only be submitted by the local sponsor after registering with the Expatriate Service Division of the Immigration Department of Malaysia (“ESD”) (for details, please see Part C below).

The application process usually takes between 14 and 21 working days. However, if the local company has not yet registered with ESD, a longer period of time will be required from the start of the immigration account set-up to the granting of the work permit.

Footnotes

1. The term “expatriate” is used here to differentiate from foreign workers employed for manual labour in the manufacturing, construction, agriculture, plantation and service industries, who are subject to separate immigration regulations.

2. This guide describes the most relevant visa types for West Malaysia. Different immigration policies apply for East Malaysia..

3. Nationals of North Korea and Israel are not eligible and require special approval.

4. https://www.imi.gov.my/index.php/en/main-services/visa/visa-requirement-by-country/

5. https://malaysiavisa.imi.gov.my/evisa/evisa.jsp

6. A business MEV does not allow the provision of any professional or technical services. Please refer to the PLS@Xpats permit (see Part A.III. below), PVP (see Part A.IV.) and EP (Part A.VI.) for visa types allowing the provision of professional services in Malaysia.

7. https://malaysiavisa.imi.gov.my/evisa/evisa.jsp

8. https://malaysiavisa.imi.gov.my/evisa/evisa.js

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.