Visas, Residency, Immigration and Documentation

Travel Documents

Every person entering Malaysia must possess a valid national Passport or internationally recognized Travel Document which is legitimate for travel to Malaysia, with validity of at least six months from the date of entry into Malaysia. A visitor is also required to present proof of his financial ability to finance his/her stay in Malaysia together with a confirmed return ticket to another destination. A valid passport (and visa if applicable) is also required for travel between Peninsular Malaysia and the East Malaysian states of Sabah and Sarawak, and when traveling between Sabah and Sarawak.

Visa Requirements

Nationals of many countries do not require a visa to enter Malaysia for short stays. Nationals of the UK and many Commonwealth countries do not need a visa to enter Malaysia, and no visa is required for US citizens visiting Malaysia for social, business or academic purposes (except for employment).

Full details of visa requirements for different nationals are provided on the Immigration Department of Malaysia's website at http://www.imi.gov.my/eng/perkhidmatan/im_HapusVisa.asp.

Foreign nationals who require a Visa to enter Malaysia must apply and obtain a Visa in advance at a Malaysian Representative Office before entering the country. Three types of visas are issued:

1) Single Entry Visa, valid for three months and usually issued for social visits;
2) Multiple Entry Visa, issued for periods of between three and sixty months and usually for business or government matters;
3) Transit Visa - for those requiring a visit to enter Malaysia on transit to other countries.

Entry Passes

Foreign nationals who wish to visit Malaysia have to obtain a pass at the point of entry besides a visa (where required) which allows them to stay temporarily. A pass is an endorsement in the passport constituting permission to stay for the approved duration.

A Social or Tourist Visit Pass does not permit the holder to take up employment, business or professional work in Malaysia. A Business Visit Pass allows foreign visitors to enter Malaysia for business negotiations or inspections but not for employment purposes.

Apart from applications for entry for the purpose of tourist, social or business visits, all applications for other types of passes must be made before arrival in the country, and applicants must have a sponsor in Malaysia. The sponsors must agree to be responsible for the maintenance and repatriation of the visitors from Malaysia if it should become necessary.

Work Permits

A work permit is the most important form of documentation required for those seeking employment in the country. Normally this is obtained for the employee by the employer once in the country. Employees and their families are allowed to enter the country on social passes issued by Malaysian Immigration officials upon arrival.

The work permit application process is bureaucratic and can be lengthy. Employers will often deal with the paperwork on behalf of their expatriate employees but some companies and individuals opt to use the services of an agency. Permits are given for varying periods from six months to several years. Dependents of work permit holders are not allowed to work unless they obtain a permit in their own right.

There are restrictions on the number of expatriate workers than can be employed by companies, depending on the company's level of foreign paid-up capital. For executive posts which require professional qualifications and practical experience, expatriates may be employed up to a maximum period of 10 years subject to the condition that Malaysians are trained to eventually take over the posts. For non-executive posts which require technical skills and experience, expatriates may be employed up to a maximum period of five years while Malaysians are trained to take over the posts. It is not known to what extent these conditions are enforced.

An expatriate officer who is transferred from one post to another post within the same company is not required to obtain a new employment pass. A new expatriate officer replacing another expatriate officer is required to obtain a fresh employment pass. All holders of employment passes are issued with multiple entry visas valid for the corresponding period that the employment pass is valid.

Malaysia practices stringent laws prohibiting foreigners working in the country without authorisation and frequently detains or deports illegal workers. Visitors and expatriates should therefore strictly follow immigration laws and regulations.

Malaysia My Second Home

The Malaysia My Second Home Programme (MM2H) has recently been introduced by the Malaysian government to encourage people to retire in Malaysia or spend several months a year here. It replaces the 'Silver Hair' programme which previously existed. The programme does not provide permanent residence status.

The MM2H programme is available to most foreign citizens of all ages, who are allowed to bring their dependants and one maid to live in Malaysia. Successful applicants are given a five-year renewable visa and other privileges. Overseas income is free of tax and applicants can bring all their household effects and one car duty free into Malaysia, or may acquire a car in Malaysia free of duty.

Applicants aged above 50 years must meet one of the following conditions, while those who are below 50 must meet both:

1) A Fixed Deposit (in a local Malaysian bank) of RM150,000 if married or RM100,000 if single. The funds have to be left in the bank during the period of validity of the visa.
2) A fixed monthly income over RM10,000 a month or RM7000 if single. This could be a pension, dividends or other regular income. Documentary evidence is required as proof of income.

A sponsor in Malaysia may also be required, but this condition is sometimes relaxed. Employment in Malaysia is prohibited under this Programme unless specific approval is obtained.

Permanent Residence and Citizenship

If you wish to apply to be a permanent resident of Malaysia you must have lived in the country continuously for at least 5 years under a valid Entry Permit, or at least 10 years in the case of foreign husbands of Malaysian citizens.

In order to apply for permanent residency, the following documents must be submitted to the Immigration Department:

- A completed Form IMM. 4 (select permanent resident status category)
- Photocopy of your passport or travel documents covering the last 5/10 years
- 2 passport-sized photographs
- Passport-sized photograph of local sponsor
- Identity card of spouse (if applicable)
- Marriage certificate (if applicable)
- Other supporting documents

A foreign person over the age of 21 can apply to the National Registration Department to become a citizen of Malaysia by naturalization if they have been a permanent resident for at least 12 years and lived in Malaysia for not less than 10 of these years, including the 12 months immediately prior to application. They must also be able to prove an adequate knowledge of the Malay language.

The Malaysian Government does not recognize dual citizenship so applicants granted citizenship are required to relinquish the citizenship of any other country.

List of offences under Immigration Act

Full details of offences under the Immigration Act are listed on the Immigration Department of Malaysia's website at http://www.imi.gov.my/ENG/im_PindaanAkta.asp

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