1. FOREIGN WORKERS DIVISION IMMIGRATION DEPARTMENT
RECRUITMENT OF FOREIGN WORKERS: RULES, REGULATIONS, PROCEDURES & ISSUES

2. FOREIGN WORKERS DIVISION
IS RESPONSIBLE FOR THE ISSUANCE OF :
Referred Visa (VDR / Calling Visa)
Visit Pass (Temporary Employment) (VPTE)
Check Out Memo (C.O.M)
IS RESPONSIBLE ON :
Investigation and referred cases
Refund of levy, deposit & Bank / Insurance Guarantee
Confiscation of deposit / personal bond of absconded Foreign Workers
Inspection to ensure the conditions of employment of Foreign Workers are duly conformed to

3. POLICIES ON FOREIGN WORKERS

4. CURRENT POLICIES ON FOREIGN WORKERS
Foreign workers are allowed to be employed in 5 formal sectors i.e. manufacturing, construction, plantation, agriculture and service.
Foreign workers are prohibited to be employed as frontliners
Foreign workers are only allowed to work in Malaysia for a maximum period of five years
Employment of foreign workers in the electrical/electronic and textile sectors has been reopened effective 20 July 2009.

5. EMPLOYER KDN IMMIGRATION DEPT
PROCESS FLOW OF APPLICATION FOR FOREIGN WORKERS
EMPLOYER
OTHER SECTORS
FOREIGN DOMESTIC HELPER
IMMIGRATION DEPT
KDN
Entry points Special Pass (SP) 30 days
PEJABAT PERWAKILAN
MALAYSIA AT COUNTRY OF ORIGIN
Visa
APPROVED – issuance of VP(TE)
FOMEMA SDN. BHD.
(Medical examination)
FAILED – SP & COM

6. FOREIGN WORKERS OF OTHER SECTORS

7. APPROVED SECTORS 1. MANUFACTURING
 export-oriented manufacturers ( >50% export )
 Non-export oriented manufacturing, which are:-
wood based industry
furniture industry
rubber based industry
plastic based industry
food processing and manufacturing industry
building materials industry

8.  Non-export oriented manufacturing, which are:-
iron, steel and mining industries
ceramic industry
textile industry
footwear industry
engineering and fabrication industry
manufacturing related industries
quarry and bitumen industry

9. The specified criteria for the employment of foreign workers by non-export oriented industries are:-
total sales of RM2 million and above
company's minimum paid-up capital of RM100,000
1 local : 1 foreign worker

10. CONSTRUCTION
PLANTATION
Industrial Crops : rubber, palm oil & cocoa
AGRICULTURE
Food
Floriculture
Animal husbandry
Aquaculture

11. 5. SERVICE
Restaurants (general workers and cooks)
Allowed to work in restaurants throughout the country as cooks and general workers (dish washers, restaurant cleaners) only
Foreign workers are not allowed to work as waiters/waitresses and cashiers
Cleaning
Companies must enclose a complete and stamped contract
Not qualified to work as cleaners for the employing company
Not allowed to work as car and bus washers, petrol station cleaners and other maintenance workers

12. 5. SERVICE Cargo handling at seaports and airports Welfare homes
Laundries
Golf clubs - caddies only
Resort islands (not including Penang)
Spa therapist
Reflexologist

13. Countries of Origin and Approved Sectors
Country
Sector
Thailand Cambodia Nepal Myanmar Laos Vietnam
Philippines (M)
Pakistan
Sri Lanka
Allowed to work in the manufacturing, service, agriculture, plantation and construction sectors only

14. Countries of Origin and Approved Sectors
Country
Sector
Turkmenistan Uzbekistan Kazakhstan
Allowed to work in the manufacturing, service and construction sectors only

15. Countries of Origin and Approved Sectors
Country
Sector
India
Service (restaurant cooks), construction (high-voltage cable workers) and plantation sectors

16. Countries of Origin and Approved Sectors
Country
Sector
Indonesia
Manufacturing (female), construction and plantation, agriculture & service
China
Trainer and spa therapist only
hotels, resorts, golf clubs, shopping malls

17. APPROVED SECTORS / MANUFACTURING CONSTRUCTION PLANTATION AGRICULTURE
RESTAURANT
COOK
GENERAL
INDONESIA /
(FEMALE)
PHILIPPINES (M)
CAMBODIA
KAZAKHSTAN
LAOS
MYANMAR
NEPAL
THAILAND
TURKMENISTAN
UZBEKISTAN
PAKISTAN
VIETNAM
INDIA
SRI LANKA

18. / RETAIL GOLDSMITH BARBER RECYCLING TEXTILE INDONESIA PHILIPPINES (M)
CAMBODIA
KAZAKHSTAN
LAOS
MYANMAR
NEPAL
THAILAND
TURKMENISTAN
UZBEKISTAN
PAKISTAN
VIETNAM
INDIA
SRI LANKA

19. / LAUNDRY RUMAH KEBAJIKAN PULAU PERANGINAN CLEANING CARGO INDONESIA
PHILIPPINES (M)
CAMBODIA
KAZAKHSTAN
LAOS
MYANMAR
NEPAL
THAILAND
TURKMENISTAN
UZBEKISTAN
PAKISTAN
VIETNAM
INDIA
SRI LANKA

20. APPLICATION FOR FOREIGN WORKERS
Application for approval must be made at One Stop Centre, Ministry of Home Affairs
Application for Referred Visa and VP(TE) at Immigration Head Office or State Immigration

21. APPLICATION FOR FOREIGN WORKERS
New Application (approval from KDN)
Application has to be made at One Stop Centre, Ministry of Home Affairs
Approval letter will be issued within a 2-day period after levy is paid
Application of VDR (calling visa) has to be made at Foreign Workers Div. / State Immigration

22. Application for Referred Visas (VDR)
Required documents:
Employer’s application letter
Approval letter from Ministry of Home Affairs (original copy)
Original receipt of levy payment
Form IMM.12 – Application of Temporary Employment Visit Pass
Copy of passport of prospective foreign worker
Medical report from hospital/clinic of the foreign worker’s country of origin (appointed by the Ministry of Health of Malaysia)
Payment for Temporary Employment Pass Visit, visa and processing, in the form of bank draft or postal order.

23. Deposit/bank guarantee/insurance guarantee based on nationality and number of prospective foreign workers. Bank guarantee or insurance guarantee must be valid for at least 18 months
Employer’s particulars form
Referred Visa application form (includes information on VDR issuing office and the point of entry applied for)

24. POINTS OF ENTRY OF FOREIGN WORKERS
Kuala Lumpur International Airport (KLIA)
Foreign Workers must obtain visa from Pejabat Perwakilan Malaysia
Other points of entry
Foreign Workers from Thailand and Indonesia need to obtain their visas from Pejabat Perwakilan Malaysia at the respective country

25. Endorsement of Temporary Employment Visit Pass (PLKS) at Immigration Head Office/State Immigration
Approval letter from Ministry of Home Affairs
Original receipt of levy payment
Copy of passport of Foreign Worker
Form IM. 12 – Application of Temporary Employment Pass Visit
Passport-sized photo (with white background)  
Deposit/bank guarantee/insurance guarantee. Bank guarantee/insurance guarantee must be valid for 18 months
Payment of visa, Temporary Employment Pass and processing, in the form of bank draft or postal order
Medically fit
Reminder: endorsement has to be done within a month after entry

26. VP(TE)

27. Employment Term of Foreign Worker
Foreign workers are initially allowed to work for three (3) years only and may, upon application by the employer, be extended, from year to year, to the fifth year.
Foreign domestic helper may work as long as service is still needed by employer

28. Extension after the Fifth Year
For an extension after the fifth year, the employer must obtain certification from:
1. National Vocational Training Council (MLVK), the Ministry of Human Resources for manufacturing sector
2. Construction Industries Development Board, Malaysia (CIDB) for construction sector
3. Ministry of Agriculture for agriculture sector
4. Malaysian Palm Oil Board (MPOB) for
plantation sector (specifically for palm oil)

29. “VPTE RENEWAL FOR FOREIGN WORKER EXCEEDING 5 YEARS” PROGRAMME
Permitted to extend working period more than five years with an approval from Ministry of Home Affair (KDN)
Extension of the VPTE after the fifth year is allowed with a condition that the worker is COMPULSORY to return to their origin country for a cooling-off period of 3 MONTHS before they are allowed to enter this country to work with their previous employer
The cooling–off period is exception only for Palm Oil under the Plantation sector whereby foreign workers for this sector are allowed to renew their VPTE for another 5 years without returning to their origin country for a cooling-off period.

30. “VPTE RENEWAL FOR FOREIGN WORKER EXCEEDING 5 YEARS” PROGRAMME (cont..)
Maximum 6 months period for VPTE extension.
Foreign worker is permitted to work in this country for the maximum 10 years under this programme.
Permission to renew VPTE will be granted before the worker return to their origin country for the cooling-off period of 3 months.
Application to extend VPTE to KDN must be done before the VPTE expiry date

31. Levy Rate Payment for Foreign Worker By Sector
LEVY (ANNUM)
VP(TE)
PROCESS
Manufacturing & Construction
RM 1,200.00
RM 60.00
RM 50.00
Plantation RM
RM 10.00
Agriculture RM
Service(Welfare Homes) RM
Service (others)
RM 1,800.00
PRA

32. Payment for VISA and DepositNO
NATIONALITY
VISA
DEPOSIT 1.
Indonesia
RM 15.00 RM 2.
Bangladesh
RM 20.00 RM 3.
Myanmar
RM 19.50 RM 4.
India
RM 50.00 5.
Vietnam
RM 13.00
RM 1,500.00 6.
Philippines
RM 36.00
RM 1,000.00 7.
Cambodia

33. Payment for VISA and DepositNO
NATIONALITY
VISA
DEPOSIT 8.
Nepal
RM 20.00 RM 9.
Thailand
Gratis RM
10.
Pakistan
11.
Turkmenistan, Uzbekistan & Kazakhtan
RM 1,500.00
12.
Laos
13.
Sri Lanka
RM (SEV) RM (MEV)

34. CHECK OUT MEMO (C.O.M)
application to make arrangement for Foreign Worker/PRA to leave Malaysia back to country of origin for certain reasons
Documents needed to apply C.O.M:
Application letter from the employer
Passport of Foreign Worker/PRA
Return ticket to country of origin
Application form for C.O.M

35. CHECK OUT MEMO (C.O.M)
Employer must ensure that the Foreign Worker/PRA return to country of origin on the date stated on C.O.M through point of entry applied for
If an employer does not apply for C.O.M, the Foreign Worker/PRA is considered to still work for them thus the employer is still held responsible on the Foreign Worker/PRA

36. REPLACEMENT OF FOREIGN WORKERS
under two circumstances:
Foreign Worker/PRA has entered Malaysia but found to be medically unfit by FOMEMA. Employer is required to apply C.O.M to make arrangement to send the Foreign Worker/PRA back to country of origin
Employer must submit application to replace the medically unfit Foreign Worker/PRA with a new worker using the levy payment for the medically unfit Foreign Worker/PRA by attaching the following documents:-
Application Letter from employer
Approval letter of VDR
C.O.M
Original payment receipt

37. REPLACEMENT OF FOREIGN WORKERS
Foreign Worker/PRA does not enter Malaysia after approval of VDR has been issued due to unforeseen circumstances in country of origin. Employer may apply to replace with a new worker by submitting:
Application letter from employer
Approval letter of VDR
Original payment receipt
Verification letter on cancellation of visa from pejabat perwakilan in country of origin (if any)

38. REFUND OF LEVY based on the following reasons:
Medically unfit Foreign Worker
Required documents:
Employer’s application letter
Original receipt Form for refund levy
Check Out Memo
Certification letter declaring that the Foreign Worker is medically unfit from FOMEMA Sdn Bhd

39. REFUND OF LEVY
Foreign Worker does not enter Malaysia after VDR has been approved.
Documents needed are:
Employer’s application letter
Original receipt
Form for refund of levy
Copy of VDR approval

40. REFUND OF LEVY Payment of levy was made twice. Required documents:
Employer’s application letter
Original receipt
Form for refund of levy

41. REFUND OF DEPOSIT
may apply for refund of deposit if the Foreign Worker/PRA has been sent back to their country of origin
Documents required for refund of deposit:
Employer’s application letter
Original receipt of deposit
Check Out Memo
Company’s bank account number or IC number for individual application

42. REPORT ON ABSCONDED FOREIGN WORKER
submit the following documents to terminate PLKS of Foreign Worker who absconds:
Application letter to terminate PLKS of absconding Foreign Worker
Copy of identity card (IC) of employer/employer’s representative
Copy of receipt of deposit/bank guarantee/insurance guarantee (for Foreign Workers of other sectors)
Passport of absconding Foreign Worker
Form on Absconded Foreign Worker issued by Immigration
Copy of certified police report

43. REPORT ON LOST PASSPORT
Documents needed to report on lost passport application:
Application letter from employer explaining how the passport is lost
Certified police report
Copy of lost passport (if any)
Receipt of deposit/copy of bank guarantee/copy of insurance guarantee except for PRA
Copy of new passport

44. REPORT ON LOST PASSPORT
Once the application has been approved employer must:
Submit new passport
Make payment to transfer endorsement
Obtain replacement of PLKS  
However, should the application is rejected, employer must make arrangement for the Foreign Worker to leave the country

45. Temporary Relocation of Foreign Worker for Construction and Service (Cleaning) Sectors
may apply to temporarily relocate Foreign Worker for construction and service (cleaning) sectors by submitting following documents:
Employer’s letter of application
Stamped Letter of Award
List of names of workers involved
A copy of the stamped page/page with the sticker of the worker's passport

46. Variation of Name and Address of Company
Documents required to vary name and address of company are:
Employer’s application letter
Company Registration Form (Form 49/Form D)
Form 13 (if any)
Copy of telephone, water and electricity bills
Tenancy Agreement as proof of rental
List of Foreign Workers
Copy of passport of Foreign Worker

47. THANK YOU