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Special Procedures |
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Reference VISA
This visa
is applicable to nationalities from the
9 countries
namely:
- India
- China
- Sri
Lanka
- Myanmar
- Pakistan
- Philippines
- Vietnam
- North
Korea
- Bangladesh
This procedure
requires the FKW (Expatriates) to be
in their country of origin while their Approval (Stage
1) application is being processed.
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| Q1:
How does your FKW (Expatriate) apply for Reference
Visa? |
Step 1
Original Approval Letter
issued by MDeC, will be couriered to
you, the MSC Malaysia Status Company. You
need to forward this letter to the FKW (Expatriate)
in his/her country of origin.For reason of authenticity, please DO NOT OPEN the envelope which is addressed to the Malaysian High Commission / Emabassy.
Step 2
The FKW (Expatriate)
is to go to the respective Malaysian High Commission / Embassy
in the country of origin bringing along
the Approval Letter and apply for a Reference
Visa there.
Once visa is obtained,
FKW (Expatriate) may enter Malaysia to proceed
for Endorsement (Stage 2). |
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Note
1: For reason of authenticity,
please DO NOT OPEN the envelope which
is addressed to the Malaysian High Commission/Embassy.
Note
2: FKW (Expatriates) from Philippines
and Sri Lanka, need to register at their
foreign employment bureaus before they
can proceed to collect reference visa
at the Malaysian Embassy i.e. Philippines
Overseas Employment Administration (POEA)
in Philippines and Sri Lanka Bureau of
Foreign Employment
In order
for the applicant to apply for POEA in
Philippines, company in Malaysia needs
to get attestation from the Philippines
Embassy in Malaysia first. Please
click here for documents
checklist.
Note
of caution:
The approval
by MDeC and reference visa issued does
not grant a valid stay to the FKW (Expatriate)
in Malaysia until the issuance and endorsement
of passes by Immigration Department of
Malaysia. Therefore, please forward all
Endorsement (Stage 2) documents as soon as the FKW (Expatriate)
arrives as to avoid possible overstaying
in this country. This is due to Immigration
Department of Malaysia issuing only 1-2
weeks special/social pass at point of
entry. We must receive all completed documents
at least 10 working days before the special/social
pass issued at entry point expires.
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JOURNEY
PERFORMED VISA (JP)
This visa
is applicable to the nationals of non-Commonwealth
countries. Applicants from these countries
will usually enter Malaysia with a Social
Visit Pass, without collecting a Reference
Visa. Therefore, Immigration Department
of Malaysia will impose charges for the
"journey performed". Please
note that there are 2 payments to be made
to the Immigration Department.
- Processing Fee for JP Visa = RM500.00
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JP Visa (payment for
1 year only) = Please refer to Visa
Charges.
The payment should be
in ONE bank draft payable to "Ketua
Pengarah Imigresen Malaysia".
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OVERSTAY
AND COMPOUND
Every entry
into Malaysia is awarded with a stamp in the
FKW (Expatriate) passport. Every
stamp has an expiry date. When the FKW (Expatriate)
continues to stay on in Malaysia after the
expiry date of his/her pass stated in the
stamp, he/she is liable for a compound for
this offence.
Overstay
Duration of 1-14 days: Overstay track
record in applicant’s file and it is
kept in the Immigration Department’s
system.
Overstay
Duration more than 14 days: As provided
in the Immigration Act and Regulations 1959/63,
Immigration Department at its discretion can
either compound offenders of RM1000, sent
to court or jailed and possible deportation.
Please submit
these documents for Overstay Clearance:
- Covering Letter from company (in Bahasa
Malaysia) to Immigration Department stating
REASON for overstaying.
- Special
Pass Declaration form.
- Original passport of applicant.
- Format
A
- RM100 for each applicant payable to ‘Ketua
Pengarah Imigresen Malaysia’
- Service charge to Multimedia Development
Corporation Sdn Bhd. (please go to Facilitation
Department, MDeC Charges)
- Complete Stage 2 document
Note
of Caution:
For Overstay Clearance, special approval must
be obtained from the Director of Immigration
Department. Therefore, this process might
exceed our normal client charter.
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COOLING-OFF
PERIOD
This procedure
is applicable for those who are moving
from Company A to Company B.
FKW (Expatriates)
who are currently working in Malaysia,
and would like to join another company
here, will usually have to go through
a "6 months cooling - off period
" whereby they are required to
return to their country of origin and
not entering Malaysia throughout the
entire 6 months period. Please note
that there are risks of legal complications
whenever there are disputes between
the FKW (Expatriate), previous company
and the hiring company and therefore,
this process needs to be managed prudently.
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| Procedure
to apply for waiver of "Cooling-off' Period |
In certain cases, MDeC
may file an appeal on behalf of MSC Malaysia-Status
Companies. The procedure is as follows:
Step 1
During Stage 1 - getting
approval from MDeC, the hiring company/company
B needs to provide us:
- A copy of Release
Letter from Company A (in
Bahasa Malaysia). This letter basically
states that Company A has no objection
if this expatriate/applicant would like
to work with another company in Malaysia
- A copy of Declaration of CP Letter.
The letter is from Company B verifying
the Release Letter.
Note: Company A must
shorten/cancel the FKW (Expatriate)’s
existing Employment Pass before MDeC approves
the application with Company B (hiring
company) and while waiting, to either
apply for a SPECIAL PASS or ask the FKW (Expatriate)
to RETURN TO COUNTRY OF ORIGIN.
Step 2
This step is to be done
during Stage 2 - getting endorsement from
IDM.
Once approval with Company
B is obtained from MDeC, and if FKW (Expatriate)
has returned to country of origin for
collection of Reference Visa (if any),
please re-enter and submit documents for
Stage 2 immediately.
For those who wish to
apply for Special Pass, please submit
documents for Stage 2 to us as well.
Please take note that
we must receive all completed documents
at least 10 working days
before Special Pass expires to avoid overstaying.
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| Note: Please
be informed that these cases are special
and as such, may differ from an individual
to another. We will advise you accordingly,
if and when the need arises. |
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SECURITY
CLEARANCE
(CHINA, VIETNAM & NORTH KOREA)
This procedure
is applicable to applicants from China,
Vietnam and North Korea only.
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| Q1:
How do you apply for Security Clearance? |
Step 1
Please submit your Approval (Stage
1) application. Further to the requirements
stated during the Stage 1 submission,
we require the following additional documents:
| No |
Items |
Quantity |
1 |
Photographs (with light background) |
3
pieces |
2 |
Immigration
Form - DP11 |
3
copies |
3 |
Original
Employment Contract
(For a sample, click
here)
Note: This will be kept by Immigration
Department |
1
copy |
4 |
Copies of
passport - all pages
- certified by company |
3
sets |
5 |
Updates
Resume - certified by company |
3
sets |
6 |
Copies of
Educational Certificate
1) China - certified by High Court
in Malaysia
2) Vietnam - Certified by Embassy
in Malaysia |
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Step 2
Once we approve the application,
we will forward it to Immigration Department
for Security Clearance processing. The
process will take fourteen (14) working days.
Step 3
At the end of fourteen (14) working
days, we will inform you whether the application
is cleared or not. If cleared, we will
issue our Approval Letter to you, the
MSC Malaysia-Status Company.
Step 4
FKW (Expatriate) is to apply
for Reference
Visa.
Step 5
Once the FKW (Expatriate)
enters Malaysia, please proceed to Stage
2. We will collect the following documents
from you:
| No |
Items |
1 |
Original
Passport of Applicant. |
2 |
Bank Draft
to "Ketua Pengarah Imigresen
Malaysia".
NOTE: RM200 (EP) / RM90(DP) per
year/per FKW + visa charges
per year/per FKW + processing fee RM50. Please refer
to Visa
Charges. |
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RENEWAL OF
PASS
We strongly advise
that you start the Approval (Stage
1) process 3 months before the expiry
of your FKW (Expatriate)’s current pass. Do
not leave this until the last minute, as to
avoid any overstaying and compound penalties.
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TRANSFER
OF PASS FROM OLD TO NEW PASSPORT
This procedure
is applicable for FKW (Expatriate) whose
passport has either expired or ran out of
pages. In these cases, a new passport needs to be applied.
As a rule, if
the current pass still has validity, it must
be transferred into the new passport, but
this process is not required if the pass is
valid for only a month or less.
Please take
note that you, as the employer of the expatriate/applicant,
may choose to go directly to the Immigration
Department and apply on behalf of your expatriate/applicant,
without having to go through us. If you choose
to go directly, please send us a letter requesting
for a ‘No Objection Letter (NOL)’
for us to issue. With this NOL, you may proceed
to Immigration Department and bring along
the following documents:
- Covering letter from
MSC Malaysia-Status Company (in Bahasa Malaysia)
to Immigration Department stating intention
to transfer current pass from old passport
to new passport.
- Authorization letter from
MSC Malaysia-Status Company (in Bahasa Malaysia)
stating the authorized company personnel
doing this transfer.This is not required
if you want us to perform this process for
you.
- Old Passport of FKW (Expatriate)
- New Passport of FKW (Expatriate)
- Smart Card (if any)
- A Bank Draft payable
to 'Ketua Pengarah Imigresen Malaysia' -
RM50.00 for processing fee + visa fee (please
refer to visa
charges). Calculate according
to how many more years is still valid on
pass in the old passport.
- 7. A Bank Draft of RM100
payable to Multimedia Development Corporation
Sdn Bhd, if you want us to perform this
process for you (please go to Facilitation
Department, MDeC charges)
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CANCELLATION
OF PASS
There are cases
where the FKW (Expatriate) resigns from your company
and therefore, you need to cancel the current
pass held by the FKW (Expatriate) before he/she
leaves the country. Please take note that
you, as the employer of the FKW (Expatriate),
may choose to go directly to the Immigration
Department and apply on behalf of your FKW (Expatriate),
without having to go through us.
If you choose to go directly, please send us a letter requesting
for a ‘No Objection Letter (NOL)’
for us to issue. With this NOL, you may proceed
to Immigration Department and bring along
the following documents:
- Covering letter from
MSC Malaysia-Status Company (in Bahasa Malaysia)
stating cancellation date to Immigration
Department.
- Authorization letter
from MSC Malaysia-Status Company (in Bahasa
Malaysia) stating the authorized company
personnel doing this cancellation. This
is not required if you want us to perform
this process for you. Note: This is not required if you want us to perform this process for you.
- Applicant’s passport
- Smart Card (is any)
- A copy of flight ticket
out of Malaysia
- A Bank Draft of RM100
payable to Multimedia Development Corporation
Sdn Bhd, if you want us to perform this
process for you (please go to Facilitation
Department, MDeC Charges)
- DP11 Form
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