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.

IMPACT – MEDIUM

Malaysia’s Expatriate Services Division has announced that it will require companies to advertise job vacancies to local workers via the JobsMalaysia website before an expatriate’s Employment Pass (EP) application will be considered for approval.

Key Points:

  • The job advertisement must be available in the JobsMalaysia portal for a minimum of 30 days. If there are no successful local hires during this period, JobsMalaysia will issue a confirmation letter called “Surat Perakuan,” which is valid for three months. The Surat Perakuan will take 14-21 working days to be issued.
  • Among other things, this letter will confirm that the company has advertised a job vacancy at JobsMalaysia, and it is allowed to hire an expatriate to fill the job vacancy. The company will then need to upload this letter as a supporting document when applying for an expatriate’s Employment Pass application.
  • The Ministry of Human Resources also advised that companies are required to participate in any career fairs organized by JobsMalaysia and must screen through interviews with potential local candidates before the same job position is being filled by an expatriate.

Additional Information: JobsMalaysia is an automatic online job matching system provided by the Ministry of Human Resources (MoHR), Malaysia which helps job seekers look for suitable job opportunities. The new requirement is part of the government’s initiative to provide more employment opportunities to local workers.

Analysis & Comments: Deloitte is seeking clarification on the implementation date of the job advertisement requirement. The new job advertising requirement may slow the process for companies that wish to hire expatriates in Malaysia. Employers may need to adjust their time lines to account for the additional time.

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

What is the reminder? MDEC’s eXpats Service Centre has announced it will begin accepting projections from companies on their 2021 needs for foreign knowledge workers on Nov. 3.

  • Implementation time frame: Projections will be accepted beginning Nov. 3.
  • Visas/permits affected: Employment passes; professional visit passes.
  • Who is affected: Companies registered with MDEC (companies with MSC and ICT status).
  • Processing: MDEC processing times range from 14 to 20 business days; ESD processing times range from seven to 10 business days.
  • Business impact: Foreign knowledge worker projections must be approved before applying for employment passes (both new and renewal).

Additional Information: The eXpats Service Centre has recommended that only companies with foreign knowledge worker projection requirements (EP New/Renewal) in the first quarter of 2021 should submit their projections first.

MSC/ICT status companies are allowed to submit their foreign knowledge worker projections throughout 2021 based on their foreign-hiring needs. The 2020 foreign knowledge worker projection submission window remains open until Nov. 14.

Companies must submit the following supporting documents with their foreign worker projection requests:

  • Master service agreements (MSA) with all appendices, scope of work (SOW), letter of award (LOA), purchase order (PO), invoices, etc.
  • List of project(s) with duration and project value
  • Copy of latest audited account and current management account
  • Latest EPF statement for 2020
  • Latest IRB CP39 form.

Analysis & Comments: Companies should plan to submit their foreign-worker projections as early as possible to avoid the year-end holiday slowdown. Although there is no official deadline for filing, companies should aim to obtain approval by Dec. 31 to avoid any issues in submitting renewal applications, especially renewals for permits that expire in January, February or March.

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 recently updated COVID-19 quarantine requirements.

Key Points:

  • Effective Sept. 24, all foreigners entering Malaysia must pay the mandatory quarantine lodging fee of RM2,100 as well as an additional operation fee of RM2,600. Lodging fees for the second and third individual sharing a room with the first individual will be RM700, and free for children under the age of six. The allocation of quarantine stations is strictly subject to availability upon arrival and no prior booking is allowed.
  • Effective Sept. 27, individuals traveling from Sabah must undergo mandatory home quarantine, as well as compulsory COVID-19 health inspection and screening activities upon arrival at entry points in Peninsular Malaysia and Sarawak.

Analysis & Comments: The response to the COVID-19 pandemic 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 recently has expanded the categories of expatriates who are allowed into the country.

Key Points:

  • Expatriates in the following categories were allowed to enter Malaysia beginning Sept. 21:
    • Residence Pass-Talent (RP-T), and their dependents.
    • Employment Pass (Category EP I, II, and III).
    • Professional Visit Pass (PVP).
    • Dependant Pass to expatriates of all categories.
    • Long Term Social Visit Pass (LT-SVP) to expatriates of all categories.
    • Foreign Maids to expatriates of all categories.
  • Foreign nationals who are eligible to enter the country will be required to apply for Entry Permission or Approval to Exit and Return to Malaysia via the MYEntry system. Expatriates who wish to exit Malaysia without returning during while the Recovery Movement Control Order (RMCO) is in effect may proceed without applying for approval via MYEntry. For more details on the entry requirements and procedures, please click here.

Analysis & Comments: The response to the COVID-19 pandemic 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.