ESD Guide Book
ESD Guide Book
v1
TABLE OF CONTENT
Overall Process
2-3
13
21
OVERALL PROCESS
Expatriate Applications
via MYXpats Centre
Overview
STAGE
STAGE
STAGE
STAGE
Company Activation
Company signs Letter of Undertaking (LoU) and
receive further access to the ESDs portal services.
2
STAGE 1:
submit company
application
create account
3
4
AP
company
activation
rejection
RE
JE
TIO
notification
Verification and
validation of the
submitted information.
clearance
STAGE 2:
COMPANY ACTIVATION
2.
EQUITY
PAID-UP CAPITAL
RM250,000
RM350,000
RM500,000
RM1,000,000
Copy of all current company directors MyKad / Passport copy as per SSM registration.
Company Profile
Copy of Companys Latest Phone Bill
Tenancy Agreement / Sales & Purchase Agreement (S&P)
Latest e-SSM Printout
Latest SSM Form 9
Latest SSM Form 24
Latest SSM Form 49
Latest Audited Financial Report
Copy of Local Authorities License - Lesen Pihak Berkuasa Tempatan (PBT) (if applicable)
Other business licenses (WRT, CIDB, other SSM forms, or any other supporting documents)
LoU printout
Appointment
Further access
LoU submission
6
Company Registration
1. Company must be registered with:
a. The Companies Commission of Malaysia (SSM) under
Companies Act 1965; or
b. The Registry of Societies Malaysia under the
Organisation Act 1966; or
c. Associations/ Cooperatives registered under the laws
of Malaysia.
2. Company Paid-up capital*
EQUITY
PAID-UP CAPITAL
RM250,000
Joint Venture
(minimum foreign equity is 30%)
RM350,000
RM500,000
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
7. How can I amend information about my company (such as the company name,
ROC number, email address, etc.)?
u Kindly submit a letter on the companys letterhead to the ESD at Unit Inspektorat
to notify us on any change of information.
10
Company Activation
1. Why do I need my director to sign the Letter of Undertaking (LoU) and how long
does the process take?
u The company Director is required to sign the LoU to ensure that he acknowledges
the responsibility for all transactions by the company. This would also protect the
interest of the company. In addition, it is vital that the company appoint the right
individual to be given access and manage the companys account under the MYXpats
Centre system. This is done only ONCE and the whole process takes no longer than
10 minutes, based on scheduled appointment via ESD online.
2. Can someone else represent my Director for the submission of the LoU?
u No. A company Director has to be present for the submission of the LoU.
3. Can the company change the appointed person in the LoU at a later time?
u Yes. The existing company Director nominated to sign the LoU may change the
appointed person at a later time. However, should the appointed Director changes in
the company, the new Director is required to sign the LoU.
Kindly submit a letter on the companys letterhead to the ESD at Unit Inspektorat
to notify us on any change of information.
11
STAGE 3:
submit application
create application
Verification and
validation of the
submitted information.
notification
12
clearance
13
1.
2.
3.
4.
5.
6.
14
Facility
Salary
Dependents
Renewal Limit
Employment Pass I
More than
RM5,000.00
Allowed
No Limit but pending
requirement
Employment Pass II
More than
Less than
RM5,000.00
RM5,000.00
Allowed
Not Allowed
No Limit but pending Maximum two (2)
requirement
renewal allowed
Features:
u
u
u
u
u
Documents required:
u
u
u
u
u
u
u
u
u
u
u
15
Eligibility criteria:
Eligibility criteria:
u
u
u
Hiring company successfully registered with ESD (refer to Stage 1 & 2);
Applicant earns a basic salary of a minimum RM5,000 per month AND applicant has an employment
contact valid for less than 24 months; OR
Applicant earns a gross income of a minimum RM2,500 per month and has an employment contract valid
for a maximum 24 months (only eligible for companies within National Key Economic Areas (NKEAs) sector).
* Refer to table below for the eligibility to bring along dependents and renewal
Facility
Salary
Dependents
Renewal Limit
Employment Pass I
More than
RM5,000.00
Allowed
No Limit but pending
requirement
Employment Pass II
More than
Less than
RM5,000.00
RM5,000.00
Allowed
Not Allowed
No Limit but pending Maximum two (2)
requirement
renewal allowed
Features:
u Allows the holder to be employed in Malaysia by the hiring company
FACILITIES FOR SPOUSE / CHILDREN / DEPENDENTS / FOREIGN MAID ELIGIBLE ONLY TO EXPATRIATES
WHO EARN A BASIC SALARY OF MINIMUM RM5,000 PER MONTH.
u
u
u
u
Spouse and children under 18 years old of Employment Pass holder are eligible for Dependant Pass
(refer to page 17)*
Children over 18 years old are eligible for Social Visit Pass (Long Term) (refer to page 18)*
Parents/Parents-in-law are eligible for Long Term Social Visit Pass (refer to page 18)*
Eligible to hire foreign maid(s) - the number of maids that can be hired is subject to the Employment
Pass holders monthly income. (refer to page 19)
Features:
u
u
u
Documents required:
u
u
u
u
u
Copy of marriage certificate (for legal spouse) translated into English (if applicable) and Certified
True Copy (CTC) by the Embassy/High Commission/Consulate General of respective
country OR respective Embassy/High Commission/Consulate General in Malaysia
Birth certificate (for children below 18 years old) translated into English (if applicable) and Certified
True Copy (CTC) by the Embassy/High Commission/Consulate General of respective
country OR respective Embassy/High Commission/Consulate General in Malaysia
Copy of passport(s) (all pages)
Recent passport photo (Photo sized 3.5 x 5.0 cm, shoulder level and above, excess space between
the chin with the lower end of sized photographs at least 1 cm, excess space between the head
with the upper end of sized photographs at least 1 cm, light blue background. Passport photo
should be facing straight.)
Other documents specified upon request
Documents required:
u
u
u
u
u
u
u
u
u
u
u
16
17
Features:
SALARY DRAWN
Documents required:
u
u
u
u
u
u
u
Birth certificate (for children above 18 years old) translated into English (if applicable) and Certified
True Copy (CTC) by the Embassy/High Commission/Consulate General of respective
country OR respective Embassy/High Commission/Consulate General in Malaysia
Birth certificate of Employment Pass holder / Employment Pass holders spouse (for Parents and
Parents-in-law) translated into English (if applicable) and Certified True Copy (CTC) by the Embassy/
High Commission/Consulate General of respective country OR respective Embassy/High
Commission/Consulate General in Malaysia
Affidavit / Acknowledgement letter from the Employment Pass holders Embassy / Consulate General
on the relationship status (for common law spouse); (allowed once only and cannot change partner)
Copy of passport (all pages)
Recent passport photo (Photo sized 3.5 x 5.0 cm, shoulder level and above, excess space between
the chin with the lower end of sized photographs at least 1 cm, excess space between the head
with the upper end of sized photographs at least 1 cm, light blue background. Passport photo
should be facing straight.)
Personal Bond form (duly stamped by Inland Revenue Board)
Other documents specified upon request
18
Features:
u Allows the holder to be employed as a foreign maid for the Employment Pass holder
Documents required:
u
u
u
u
u
u
u
Maids Employment Contract Contract (duly stamped by Inland Revenue Board and signed)
FOMEMA Certificate / Medical report from the country of origin certified by a clinic appointed by the
Ministry of Health Malaysia (if applicant is overseas)
Copy of passport (all pages)
Recent passport photo (Photo sized 3.5 x 5.0 cm, shoulder level and above, excess space
between the chin with the lower end of sized photographs at least 1 cm, excess space
between the head with the upper end of sized photographs at least 1 cm, light blue
background. Passport photo should be facing straight.)
Personal Bond form (duly stamped by Inland Revenue Board)
Release letter from previous employer (if applicable)
Other documents specified upon request
19
Hiring company successfully registered with ESD (refer to Stage 1 & 2); and
Expatriate applicant fulfills one of the following categories:
Category I: Expertise Transfer
Category II: Research
Category III: Internship (must be relevant to the applicants education background)
Maximum contract is for 12 months, and is restricted to one contract/project at a time
Features:
u Allows the holder to engage in temporary business/contracted activity in Malaysia under the
ESD-approved company
STAGE 4:
Documents required:
u
u
u
u
Recent passport photo (Photo sized 3.5 x 5.0 cm, shoulder level and above, excess space between
the chin with the lower end of sized photographs at least 1 cm, excess space between the head
with the upper end of sized photographs at least 1 cm, light blue background. Passport photo
should be facing straight.)
Copy of passport (all pages)
Offer letter / agreement for services / sponsor contract / internship offer in Malaysia
(duly stamped by Inland Revenue Board)
Acceptance letter for agreement for services / sponsor contract / internship offer
walk-in
approval
3
4 $
Endorsed passport(s)
can be collected within
3 working days
collection
Documents required
during endorsement:
Original passport
Copy of approval letter
Payment Receipt
endorsement
20
21
payment
Useful Information
Firstly, company needs to be registered with the ESD before they can apply for an
expatriate Employment Pass or other expatriate related immigration pass.
Applications for these passes can be made online at esd.imi.gov.my.
4) What are the documents that I need to complete, and where can I get them?
u The checklist is made available in the ESD Online Guidebook.
5) How long will it take to process and approve the Employment Pass application?
u Once all required documents have been submitted, all applications will be processed
within five (5) working days.
22
23
The applicant may also add the dependant(s) later once the principals application
is approved.
3) Can the applicant apply for a Visa with Reference together when
submitting the application?
u If the applicant is out the country, an application for a Visa with Reference
can be made together when submitting the application
4) How will I know if the application is approved or rejected?
u You will be notified via the system. If approved, the approval letter
will also be issued and can be printed directly from the system.
5) How will the Visa with Reference be issued?
u There are two ways for the Visa with Reference to be issued.
You can get it issued by presenting the approval letter at MYXpats Centre
counter.
The VWR will also be made available through the system soon.
6) How do I change the passport or visa details if the application has already
been approved?
u Please provide an official letter to inform the MYXpats Centre of the changes
together with necessary supporting documents.
24
COMPANY REGISTRATION
RELATED MATTERS:
EXPATRIATE APPLICATION
RELATED MATTERS:
Tel
:
Email :
URL :
03-8880 1449
[email protected]
esd.imi.gov.my
Tel
:
Email :
URL :
Operating Hours
03-8892 3939
[email protected]
esd.imi.gov.my
Operating Hours
Helpdesk Hours
Helpdesk Hours
Disclaimer:
All rights reserved.
No part of this publication may be reproduced, stored in a retrieval
system or transmitted, in any form or by any means, electronics,
mechanical, photocopying, recording or otherwise, without prior
permission from the publisher. The information in this publication has
been updated as accurately as possible until the date of print. Although
every attempt has been made to check the accuracy of this publication,
Immigration Department of Malaysia accepts no responsibility for errors
or omissions, if any.