The Idea Bank is a compilation of selected feedback by the public received through PEMUDAH Website which might be useful for information and reference purposes. The compilation includes complaints, inquiries and suggestions addressed to various Government Agencies which have been appropriately edited for general viewing.
Please also be informed that the information, relevant acts, rules and procedures provided therein may have been reviewed, revised or updated by the respective Government Agencies. You may want to visit the relevant websites for information or submit your inquiries through our Feedback Form.
According to your guidebook on employment of expatriates, page 7 states that we may download the application form for employment expatriates from www.mida.gov.my. I cannot locate this form at the MIDA website. Where is it?
Please refer to the following link: http://www.mida.gov.my/beta/view.php?cat=25&scat=93 at the address bar of your browser to get to the “Forms” page on the MIDA website. Alternatively you could also get to the “Forms” page by clicking on the “Forms and Guidelines” menu at the top of the MIDA website at www.mida.gov.my.
- Whether foreign spouses of Malaysians can work or not in Malaysia?
- Eligibility for Permanent Resident (PR) status for foreign spouses of Malaysians?
The information has been received from The Immigration Department:
I refer to the letter from Bina Ramanand of Foreign Spouse Support Group and S.T. Ang dated 3rd August 2010 with regard to the issue of foreign spouses of Malaysian citizens. In line with the Malaysian Government’s policy to attract highly skilled, knowledgeable and talented foreign workers to the country, spouses of Malaysians will be issues “Visit Pass (Social)” for a period of five years on condition that they comply with all requirements. They are also allowed to be engaged in any form of paid employment or in any business or be employed professionally without converting their Social Visit Pass status to Employment Pass or Visit Pass (Temporary Employment).
b/p Secretary General
Corporate Communication Division
Ministry of Home Affairs (MOHA)
Regarding the issue in the email attachment, foreign directors have included local address which are not their real address in the Form 49 even though they do not have a residential visa . This opens up the system to abuse by foreign conman to simply pluck an address out of the phone book and set up a pte ltd co. I suggest that SSM requires copies of work permits or dependent visa or MMSH stay visa of foreigners to be included when filing Form 49 as proof of residency and to reduce fraud
With respect to your query submitted through the Pemudah Website, please be informed that you are effectively asking for a legal opinion on the matter or seek justification or support for your professional views. As a public body, it is not part of the statutory duty of SSM to provide legal opinion to private businesses or companies.
SSM response therefore will be limited to the following:
- Section 122(1) of the Companies Act 1965 stipulates the requirement that any 2 company directors must have a principal or only place of residence within Malaysia.
- As for the meaning of “residence” or “resident”, you may refer to certain decisions like MY v Comptroller-General of Inland Revenue  1 MLJ 84 and Fong Poh Yoke v The Central Construction Co. (Malaysia) Sdn Bhd.  4 CLJ Supp 112. In the latter, the court has decided that the word “resident” connotes residence in one place with some degree of continuity and apart from accidental or temporary absences (please refer page 136, b of the case). However SSM wishes to stress that you will have to consult your lawyer for a professional legal advice on the matter.
Failed to understand why the approval of calling visa needs to take such a long time for approval.
As according to immigration they have to take between 2-4 weeks hence becomes very subjective and inadvertently or by design can lead to corruption.Without doubt and with good logistics I am sure this waiting period can be reduced to 7-8 working days as in Singapore the whole process takes less than 7 working days if the documentations are all in order.
- Foreign Domestic Helper – 3 Days
Foreign Worker in Manufacturing, Plantation, Agriculture, Construction and Service Sectors
- Employer/Company’s representative – 7 days
- Outsourcing Company – 7 Days
Students Pass – 7 Days
Long Term Social Visit Pass
- Spouse of Malaysian citizen – 7 Days
- Child/stepchild of Malaysian citizen – 7 days
- Senior foreigner age 60 and above with no family support in country of origin but has family/financial support in Malaysia – 7 Days
- Immediate family members of foreign student (Parents/siblings/ spouse/grandfather/grandmother/ Child) – 7 Days
- Wife of Permanent Resident – 7 days
- Spouse of Malaysian citizen – 7 Days
Visit Pass (Professional )
|China Citizens||14 Days|
|Other Citizens||7 days|
|Employment Pass||3 Days|
|Dependent Pass||3 Days|
|Visit Pass (Social)||3 Days|
Malaysia My Second Home Programme – 1 Day
- The Environmental Quality Act 2007 has been amended to hold the CEO of a company responsible for environmental offence committed by their staff
- The CEO can be sentenced to jail term not exceeding 5 years.
- Propose that the employee who has committed the offence be charged together with the CEO.
Amendments were made to Section 34B and Section 43 of the Environmental Quality Act 2007.
- Mandatory jail sentence not exceeding 5 years and liable to a fine not exceeding RM500 000 for illegal:
- import & export; and
- transit of scheduled wastes.
- the amendments also includes the CEO of a company to ensure that the CEO shares the responsibility.
- In the instance where a CEO is unable to monitor the activities of his company that leads to an offence, he is deemed to be guilty until:
- he proves that the offence was committed without his consent/connivance; and
- that he has exercised all such diligence.
Mr.Esham is a Syrian international which currently operates a fish farm trading business and owns several land grants. When applying for a renewal pass this year, he was told by Immigration that he will need get an approval letter from Ministry of Domestic Trade Co-operatives and Consumerism.
For your information, there are two stages in the employment of expatriates. Stage 1- application for an expatriate post and Stage 2 – an endorsement of employment pass. In the Stage 1, The Government Of Malaysia has appointed several agencies to evaluate and approve expatriate post and one of the related agency is Expatriate Committee. This Expatriate Commitee (EC) is under supervision of Ministry Of Home Affairs and the Immigration Department acts as a Secretariat to the EC. The EC consists of the following:-
|1.||Ministry of Home Affairs||Chairman (SG/DSG)|
|2.||Ministry of International Trade and Consumer(MITI)||Member|
|3.||Ministry of Domestic Trade and Consumer Affairs||Member|
|4.||Ministry of Education Malaysia||Member|
|5.||Ministry of Human Resources||Member|
|6.||Construction Industry Development Board (CIDB)||Member|
|8.||Immigration Department Malaysia||Secretariat|
The condition imposed to your approval was decided by the EC and not Immigration Department. From our tele-conversation, you have mentioned that your appeal to Ministry of Domestic Trade, Cooperatives and Consumerism (MDTCC) had been rejected twice. In Stage 2, you must fulfilled the condition given to you or we (Immigration Department) cannot process your employment pass for renewal. We would like to suggest to you to go back to MDTCC to appeal for the approval or you may appeal to
You can forward your 1st appeal application to the address below:-
Employment Pass Division
3rd Floor, Block 2G4 (Podium)
Federal government Administrative Centre
62550 Putrajaya, Federal Territory