Visitor's Pass(Temporary Employment)
Application for Temporary Employment Pass for a Foreign Worker
Application for Foreign Worker
Approved Sectors :
Application for quota approval must be made at the Local Centre of Approval, Ministry of Foreign Affairs. Foreign Domestic Helpers, cooks who are citizens of Thailand and rubber tappers in the Northern States and East Coast do not require such approval.
1. New Application Procedures for Foreign Worker
- Obtain approval and pay levy at the Local Centre of Approval, Ministry of Home Affairs.
- Employers apply for Visa With Reference (VDR) and the Visitor’s Pass (Temporary Employment).
1. Documents required when applying: -
- An application letter from employer
- Visa applications by reference form
- Letter of approval from the Ministry of Home Affairs
- Original receipts of levy paid
- Form IMM.12
- Payment form
- VDR Application form for new foreign workers
- Bank draft (payment PLKS, PROCESS AND VISA)
- Deposit / Insurance Guarantee / Bank Guarantee (valid for at least 18 months)
- Copy of worker’s passport
- Worker’s photograph(1 piece)
- Stamped personal bond
- Medical report from the country of origin approved by the Ministry of Health Malaysia
2. Additional documents:
Copies of the registration form (Form 49 / Form B & D) Representative Company Card (Yellow Card) for Foreign Workers Application VDR (Employer / Company Representative)
The original approval letter outsourcing foreign workers, and certified copies of VDR application for outsourcing foreign workers (outsourcing company)
c. Foreign workers should remain outside the country while the application is being processed. Employees will only be allowed to enter Malaysia after the application for VDR and PL (KS) have been approved. The permitted entry points are:
- Through the Kuala Lumpur International Airport (KLIA) Foreign workers must obtain a Visa from Malaysian Representative Offices overseas
- Other entry points:Foreign workers from Thailand and Indonesia must obtain a Visa from the Malaysian Representative Office in that country
- Conduct medical examinations at FOMEMA registered clinics / health centres to obtain a clean bill of health.
- Obtain the Visitor’s Pass (Temporary Employment) sticker at the State Immigration Office or at the Malaysian Immigration Headquarters, Putrajaya.
- The original approval letter from the Local Centre of Approval, Ministry of Home Affairs
- Original receipts of payment made
- Copy of Worker’s passport
Note: All transactions are to be made within one month from the date of entry into this country.
2. Application Procedures For Extensions
- Applications should be made at the Foreign Workers Division, Headquarters of Immigration Affairs. Employers should apply 3 months before the PL (KS) expires.
- Foreign workers must undergo the health screening test and be given a clean bill of health by FOMEMA (for the second and third successive years only).
- Applications should be submitted or requested by employers.
- Form 49 / Form B & D / card company representative
- Payment form
- Copy of Foreign worker's passport with a validity of not less than 12 months
- Earnest money receipt / bank guarantee / insurance guarantee (not less than 18 months) Last Updated on Tuesday, 05 October 2010 22:14
3. Form of Payment
- Bank draft in favour of "DIRECTOR GENERAL OF IMMIGRATION MALAYSIA" and for those in the states the bank draft should be in favour of "DIRECTOR OF IMMIGRATION” of the respective state. (Example: DIRECTOR OF IMMIGRATION KEDAH)
- the outsourcing company is allowed to re-deploy employees from one company to another company within the same sector.
- the outsourcing company shall be responsible for compliance with established guidelines.
4. Important Matters relating to the Application for a Foreign Worker
- The Foreign worker must be in the age group of 18 to 45 years.
- The Foreign worker is not allowed to bring in his family to live in this country.
- The Foreign worker cannot change jobs or change employers without obtaining permission from the Ministry of Home Affairs.
- The Foreign worker is allowed to work within a period not exceeding 5 years
- The Foreign worker is allowed to stay in this country according to the dates set in the pass. To ensure continued validity, the PL (KS) should be submitted to any Immigration office three months before the expiry date of the PL (KS).
- The employers is solely responsible for all payments of deposit, visa and foreign workers levy passes to the Immigration Department of Malaysia
- This deposit is refundable only if the employer has presented evidence that foreign workers have left the country or have changed employers approved by the Department of Immigration.
- The Foreign worker should be repatriated to his country of origin upon completion of work, dismissal or when the PL (KS) has expired, or revoked or when the foreign worker has failed to obtain a clean bill of health.
- The Foreign worker is not allowed to marry any local resident or migrant worker who works in this country.
- The employer is responsible for reporting to the Immigration Department if the foreign worker has fled from his place of work.
- The approval of the PL (KS) may be withdrawn or revoked if the Foreign worker violates the conditions set by the Immigration Department of Malaysia.
5. How to Report on Foreign Workers who have absconded
To cancel the PL (KS) of a Foreign Worker / Domestic Helper, the employer / informant must be present at the relevant Immigration Office to submit the following documents:
1. Letter of request to cancel the PL (KS) of the foreign worker who had fled.
2. Copy of identity card of the employer / employer representative
3. Copy of Foreign worker’s passport from country of origin
4.Form to report on the foreign worker who had absconded. This form is issued by the Immigration Department of Malaysia
5. Certified Copy of Police report.
To apply for foreign workers in Sabah and Sarawak, please refer to the State Immigration Office.
6. Coloured Foreign Worker Identity Card By Sector Of Employment
Foreign Workers Coloured Coded Identity Card (i-Kad) by sector of employment for every of Visit Pass Temporary Employment (VPTE) issued. The coloured Coded i-Kad accordingly under the following sectors of employment:
The application procedure for i-Kad
The application of VP(TE) made by the employer is considered to be the application for i-Kad and it will be printed simultaneously with the issuance of VP(TE). Printed i-Kad then will be sent directly to the employer address as in the VP(TE) without involvement of agen or intermediaries. i-Kad will be issued to the employer according to following categories:
New application for first year VP(TE)
Renewal for the second year VP(TE) and subsequently
Application for Temporary Employment Pass for a Foreign Domestic Helper
Foreign Domestic Helper (FDH)
1. Approved Countries:
d. The Philippines
e. Sri Lanka
2. Eligibility Conditions For Working As A Foreign Domestic Helper (FDH)
a. The FDH should:
i. be female
ii. be not less than 21 years old and not more than 45 years old
iii. confirmed fit by an appointed medical centre
iv. reside in the country of origin
v. enter Malaysia via the Visa With Reference (VDR) issued by the Malaysian representative office in the country of origin
b. The FDH who fails the medical examination:
i. is not permitted to work
ii. the employer needs to obtain the Check Out memo from the Immigration Department of Malaysia and arrange for her immediate repatriation
3. Employer Eligibility Requirements
a. Applications can be submitted:
i. by the Employer himself
ii. through employment agencies registered with the Immigration Department of Malaysia at the Immigration office of the State as per employer’s address.
b. Make sure the application form and required documents are complete before submission
c. The employer and his spouse should have:
i. Children under 15 years of age OR
ii. Parents who are sick / ill.
d. The employer must earn an income, and each family is eligible to apply for one (1) FDH
e. The employer qualifying wages according to the country of origin:
|No.||Country of Origin||Employer’s Net Income||Payment (Personal Bond)|
|1.||Indonesia||RM 3,000.00||RM 250.00|
|2.||The Phillipines||RM 5,000.00||RM750.00|
|3.||Sri Lanka||RM 5, 000.00||RM750.00|
|4.||Thailand||RM 3,000.00||RM 250.00|
|5.||Cambodia||RM 3,000.00||RM 250.00|
|6.||India||RM 5,000.00||RM 750.00|
|7.||Laos||RM 3,000.00||RM 1500.00|
|8.||Vietnam||RM 3,000.00||RM 1500.00|
f. Employers who have been declared bankrupt are not eligible to apply.
g. In order to apply for second Foreign Domestic Helper, the employer must:
i. have a valid reason
ii. have income under the conditions stipulated by the Immigration Department of Malaysia.
h. Employers who are Muslims are allowed to hire only Muslim Foreign Domestic Helpers.
i. Once the FDH arrives in this country, the employer should:
i. ensure that the FDH undergoes a medical examination at any clinic appointed by Fomema Sdn. Bhd.. and
ii. obtain the PL (KS) sticker from the State Immigration Department which will be issued within 1 month from the date of arrival.
4. Additional Conditions
a. Make sure that the FDH is assigned to domestic chores (not including car wash).
b. Room amenities / accommodation provided for the FDH are equipped with basic facilities. The FDH should be given nutritious food and proper rest, including sleeping time.
c. Non-Muslim employers who employ Muslim FDH must respect the following religious sensitivities of the FDH. She should:
i. be allowed to conduct worship acts such as praying 5 times
ii. be allowed to observe the Fasting month of Ramadan and
iii. not be asked to do chores around the house that oppose the religion of Islam.
d. Ensure that the FDH does not marry in this country while on the PL (KS).
e. The FDH is not allowed to apply for an Entry Permit while she has been issued the PL (KS).
f. Ensure that the FDH does not change employment or change employers without the permission of the Immigration Department of Malaysia.
g. Extension of the PL (KS) should be submitted to the Immigration Office within three (3) months before the expiry of the PL (KS) and after passing the medical examination.
h. For the purpose of the continuation of the PL(KL) or applying for the Check Out Memo, the employer is responsible for:
i. Keeping payroll records to the FDH and submitting to the Department upon request.
ii. the FDH should be paid her salary at least in the last week of each month.
i. the employer is responsible for the medical treatment of the FDH during the period of the PL (KS)
j. the employer is responsible for reporting to the Immigration Department if the FDH:
i. is deceased
ii. has gone missing
iii. has absconded from her work place
k. Employers or employment agencies are not allowed to strike or inflict any act that causes injury to the FDH
l. If an employer or a spouse dies, the employer or the spouse or beneficiaries should report to the Immigration Department for the purpose of verifying the status of the newemployer of the FDH
m. The employer must obtain approval from the Immigration Department if the FDH wishes to terminate her services, if the employer wishes to terminate the services of the FDH, or to get the Check-out memo from the Department of Deportation if the pass has expried .
n. Immigration Department of Malaysia has the right to revoke the issue of approved passes
o. Immigration Department of Malaysia has the power to transfer the FDH if she has been persecuted by the original employer to a new employer, on humanitarian grounds even without the consent of the original employer.
p. Employers who want to take the FDH to work in overseas stations are required to inform the FDH’s country of origin representative in Malaysia.
q. Employers who have been given permission to employ FDH, but failed to comply with the conditions stipulated will be blacklisted from getting future FDH.
5. Required Documents For FDH Application
a. Applications for the approval of foreign domestic helpers can be made at all State Immigration Offices in accordance with the employer’s address.
b. Documents required for the application of a Visa With Reference (VDR) for Foreign Domestic Helpers:
v. Personal Bond which has been stamped with a RM10.00 revenue stamp
vi. Employment Agreementfor Foreign Domestic Helpers which has been stamped with a RM10.00 revenue stamp (2 sets of originals and copies)
vii. Copy of Foreign Domestic Helper’s passport
viii. Medical Report from the country of origin which has been certified by a clinic appointed by the Ministry of Health Malaysia
ix. Declaration form for employing Muslim Foreign Domestic Helpers and Declaration form for Muslim Foreign Domestic Helpers. (For non-Muslim employers only)
x. Declaration form stating the non-usage of registered agencies for employers who submit applications on their own
xi. Proof of regular income of both husband and wife:
- the EPF statement and pay slip (last 3 months) OR
- e-BE / IRB statement of receipt and payment slip
xii. Copy of identity card of both husband and wife
xiii. Supporting documents for the application of FDH (like birth certificates, medical certification of family illness)
xiv. Marriage certificate (for the first time application only) Admission Procedures For Foreign Domestic Helper
6. Admission Procedures For Foreign Domestic Helper
a. The FDH has received the approval letter for Visa With Reference to get a visa at the Malaysian Representative Office in the FDH’s country of origin prior to entry into Malaysia .
b. After getting the visa, the FDH can enter Malaysia through any permitted entrance. Immigration officers at the gates of entry will provide a Special Pass for 30 days so that the employer can report the presence of the FDH at the Immigration office that approved the VDR. This Immigration office can be the State Immigration Office or Immigration Headquarters.
c. The employer or employment agency should wait at the permitted entrance.
d. The employer or employment agency is required to bring the FDH for a medical check up at any clinic which is registered with FOMEMA Pte. Ltd. (within a month). Employees who fail this examination must be sent back to their home countries immediately.
7. Visitor's Pass/Temporary Employment Sticker PL(KS)
a. The FDH who has passed the medical examination and is certified healthy by FOMEMA Pte. Ltd. will be issued with the Visitor’s Pass Sticker (Temporary Employment) in accordance with the approved period of VDR in the approval letter.
b. Once the FDH has received the Visitor’s Pass Sticker(Temporary Employment), she is allowed to work until the deadline stated on the sticker. PL(KS) concerned.
8. Extension of the Visitor's Pass/Temporary Employment (PL/KS)
a. Applications for the extension of a foreign worker’s PL (KS) can be made at the Immigration Office of the State or the Foreign Workers Division, Head Office within three months of the PL (KS) ‘s expiry date.
b. Employers must ensure that the worker undergoes a medical examination at any clinic that is registered with FOMEMA Pte. Ltd. and certified healthy before any application for second and third year extension of service is submitted to the Immigration Department of Malaysia.
c. All matters pertaining to foreign workers’ extension of service [PL (KS)] in all sectors must be submitted by the employer unless the renewal of the FDH can be handled by employment agencies registered with the Department.
d. Incomplete application or application that is not in order will be rejected.
e. Payment for the extension includes the levy, visa fees according to the type of visa and the nationality of the FDH, the payment process and fees for the PL (KS).
f. Documents required:
i. Copy of Worker's passport with a validity period of not less than 12 months.
ii. Adequate payment in the form of bank draft or money order should be made payable to the Director General of Immigration, Malaysia or the Director of Immigration Affairs (where payment is made). Name and address of the employer must be written on the back of the bank draft.
Notice: Make sure the FDH has passed the medical examination by FOMEMA Pte. Ltd. for second and third year extension of service only.
9. Replacement Of Foreign Domestic Helper (FDH)
a. The employer may submit an application for a change of or replacement of the FDH that has been approved for Visa With Reference under two circumstances:
i. The worker has entered the country but is not medically fit. In order to apply for a replacement, the employer should submit the required documents :
- Employer’s application letter
- Letter of Approval for Visa With Reference
- Check Out Memo
- the original payment receipt
ii. The worker did not enter the country after the approval of the VDR is issued. In order to apply for a replacement, the employer should submit the required documents:
- Employer’s application letter
- Letter of approval for Visa With Reference
- the original payment receipt
- letter of visa cancellation from the representative office in the employee’s country of origin (if any)
10. Check Out Memo Application
a. The Check Out Memo is issued to foreign workers/ foreign domestic helpers to facilitate their return to their country of origin.
b. In order to apply for the Check Out Memo, the employer should submit the required documents:
i. Application form for Check Out Memo
ii. Copy of Original passport of foreign worker.
iii. Ticket for the foreign worker to return to the country of origin.
c. The employer should ensure that the foreign employees returns to their country of origin via the requested exit point on the date stipulated in the Check Out Memo.
d. If the employer fails to apply for the Check Out Memo, the foreign workers are still considered to be under his employment and the employer is still responsible for the foreign workers.
11. How to Report Foreign Workers who have absconded
a. The employer / reporter must be present at the relevant Immigration Office to submit the following documents so as to cancel the Foreign Worker / Foreign Domestic Helper’s PL (KS).
i. Letter of application to cancel the PL (KS) of the foreign worker who has absconded.
ii. Copy of employer’s / representative’s identity card
iii. Copy passport of foreign worker who has absconded
iv. Foreign Worker Abscondment Report Form issued by the Immigration Department of Malaysia
v. Certified copy of Police Report
b. Foreign Domestic Helpers who have absonded will be blacklisted.
c. Employers are required to pay bail on personal bond based on the rates that have been signed during the application.
Important Points to Note:
- Please bring the original documents for verification
- Applications of all transactions can be made by the employers themselves or through employment agencies registered with the Immigration Department only
- Submit only completed application forms. Incomplete applications will be rejected
- Payment to the Immigration Department of Malaysia is made only after the approval of the application. Ensure that an official receipt is issued by the Immigration Department of Malaysia when payment is made.
- For an extension of the Visitor’s Pass (Temporary Employment), ensure that medical examination by FOMEMA is made three months before the pass expires
- Employers are responsible for the conduct and discipline of the FDH while she is in Malaysia.
- Payment must be made upon approval [levy, visa, process and costs for PL(KS)