EXPATRIATE DP10 DP11

GUIDELINE, PROCESS AND PROCEDURE FOR APPLICATION OF EXPATRIATE

Definition of Foreign Expatriate
Foreigners who are qualified to fill in the following positions:

•Key Post
These are high level (1st level) managerial posts in foreign-owned private companies and firms operating in Malaysia . Key posts are posts essential for companies to safeguard their interests and investments. The expatriates are responsible in determining the company’s policies in achieving its goals and objectives.

Example : Executive Chairman, Chief Executive Officer, Managing Director, General Manager, Technical Director, Production Manager, Project Manager Or Factory Manager

•Executive Posts
These are intermediate level (2nd level) managerial and professional posts. The posts require academic qualifications, practical experience, skills and expertise related to the respective jobs. The expatriates are responsible for implementing the company’s policies and supervision of staff.

Example : Management Functions Such As Marketing Manager, Logistics Manager, Investment Manager And Quality Control Manager, Professional Such As Chief Engineer, Engineer Manager , Lecturer, Doctor, Architect etc.

•Non-Executive Posts
These are posts for the performance of technical jobs that require specific technical or practical skills.

Example : Welder, Mould Maker, Tool & Die Maker, Manufacturing Systems Designer, Food/Nutrient Technologist, Fashion Designer, Specialist In Furniture Design & Ergonomics, Heat Setting Technician, Sewing Specialist, Craftsman/Engraving And Product/Flavouring Specialist


PROCESS TO EMPLOY EXPATRIATE
These are two stages in the employment of expatriates: Application for an expatriate post and an endorsement of employment pass.

First stage - application for approval (position) (There are 6 authorized Agencies)
Second stage - application for approval of related working permit ( Immigration Department of Malaysia )

STAGE 1
There are 6 authorized bodies / agencies that are given authorization to approve the employment of Expatriates based on business activities of the company. The Agencies are:

i. MIDA Malaysian Industrial Development Authority
ii. MDeC Multimedia Development Corporation
iii. PSD Public Service Department
iv. CBM Central Bank Malaysia
v. SC Securities Commission
vi. EC Expatriate Committee

AGENCIES
i. MALAYSIAN INDUSTRIAL DEVELOPMENT AUTHORITY (MIDA)
The Expatriate Officer post for private companies in the following sectors:

• Manufacturing (existing and new company that is involved in the development proposal) sector
• Manufacturing Related Services sector
- Regional Establishment – Operation Headquarters, Representative establishment, International Acquisition Centre etc.
• Hotel and Tourism Industry
• Research and development Sector

ii. Multimedia Development Corporation (MDeC) Foreign knowledge workers in Information & Communication Technology for companies that have been granted the “MSC” status.
iii. Public Service Department (PSD) (To approve the contract of Expatriate to be employed in Public Sector)
o The medical doctor and medical nurse post in government hospitals/clinics.
o The lecturers/educators of Public Higher Education institution
o Public sector contract post
o The employment (job offer) is handled by Public Sector Commission / related Agency.
iv. Central Bank Malaysia (CBM) Employment in sector:
o Banking
o Financial
o Insurance
v. Securities Commission (SC) Employment in securities and futures industries
vi. Expatriate Committee (EC) For the post in other public and private sectors that are not under the jurisdiction of MIDA, MDeC, PSD, CBM and SC.


General guidelines
How to determine the authorized agency that suits your company?
o Identify your company’s business activities

Complete set of application consists of:
i. Identification as company’s officer OR Authorization letter
ii. Completed DP11 Form attached with a photograph of the Expatriate
iii. Offer and acceptance Letter OR Employment Contract (Stamped RM10.00 at Duty Stamp Office) for Visit Pass (Temporary Employment) which include :
a. Title of the post
b. Duration of the employment contract
c. Monthly salary
d. To be signed by employer and employee
iv. Photocopies of the latest passport of the Expatriate ( 2 copies for PRC national)
And (If Applicable)

a. To attach the approval letter from MIDA/CBM/SC/PSD/MOHA whichever applicable (not applicable for approvals from EC and MDeC)

b. To attach a company’s corporate information’s print-out from Companies Commission of Malaysia (CCM) OR form 9, 24 & 49 for MIDA and EC approval (if there is conditional approval from JKPD to increase the paid up capital)

c. To attach the Expatiate’s resume, a photocopy of certificate / Diploma/ degree for MIDA approval of posts other than key posts. (if MIDA’s approval is for both the post and the expatriate, the document is not necessary).

d. To attach the release letter from a previous employer when switching to a new employer.

Fees are as follows:-
Employment Pass 

(for the approved position with minimum salary of at least 2 years working contract)
(Effective from 
1 January 2009, minimum salary for holders of Employment Pass is RM5,000.00 per month)
Key Post (Approved by MIDA)  
RM 300.00 per year or part of it
Management/High Level/ Professional/Mid Level/ Technical position  
RM 200.00 per year or part of it
The Levy Rates as follows:-
Employment Pass
NO LEVY
Visit Pass (Temporary Employment)      
AS SHOWN ABOVE
Others Fees:-
Processing Fees Employment Pass , Visit Pass   (Temporary Employment)
RM 50.00
(Per Application/Post)
Fees For “Journey Performed” Visa
RM 500.00
(Per Application/Post)


    note: Fees yet to include our consultation charges.