NON MD COMPANY
NON MD COMPANY
NON MD COMPANY
Overview
At the Expats Service Centre, we provide services to aid companies in the process of obtaining valid relevant passes for their Foreign Knowledge Workers (FKW) Apart from Malaysia Digital Status companies, we have extended our services to cater to fully operational companies utilising ICT as their core business activity. In general, companies will go through three (3) pre-application processes prior to applying for the relevant FKW passes.
SUBMISSION
The ICT companies are required to apply, register their company details and submit relevant documentation at: Expats .
Prior to subscription to the Expats services, the ICT companies are required to fulfil the following eligibility criteria and conditions
Eligibility Criteria:
Conditions |
|---|
A company incorporated in Malaysia. The Company’s nature of business should be ICT-related and the business is required to be active, not dormant. |
The Company must have a physical office premise. The minimum paid-up capital for a Private Limited Company/ Public Listed Company is as per table below. |
Equity:
EQUITY | MINIMUM CAPITAL |
|---|---|
| 100% Locally Owned | RM250,000.00 |
| Local and Foreign Owned | RM350,000.00 |
| 100% Foreign Owned | RM500,000.00 |
Under The Ministry of Domestic Trade, Co-Operatives And Consumerism (KPDNKK) the following business activities are not allowed or encouraged to apply for expatriate posts:
|
Activities:
Qualifying | Non-Qualifying |
|---|---|
INFOTECH: Development and provision of digital information and platform technologies such as application software, hardware design and business platforms. GLOBAL BUSINESS SERVICES (GBS): Provision of services utilising digital technologies including Global Business Services, Centers of Excellence and software development services. DIGITAL CONTENT: Delivery of content utilising digital technologies including movie and games animation, business information, digital platform content and business research. |
Trading i.e. reselling of hardware and software Manufacturing Provision of telecommunication services Staffing services (recruitment agency) Event management Training and consultancy E-news and e-publishing Advertising Staff Augmentation, i.e. Under The Ministry of Domestic Trade, Co-Operatives And Consumerism (KPDNKK) the following business activities are not allowed or encouraged to apply for expatriate posts: |
Please refer to and download this Checklist for Non-MD Company for all the documentation required by MDEC and the Immigration Department of Malaysia.
ASSESSMENT
Once the Expats Service Centre has received the completed application, our team will take 1 month to assess and verify your registration request. This includes validating the company’s profile against the business activities in e-SSM, a site visit to the office premises and an interview with the company’s senior management (if applicable). If the documentation is incomplete or further clarification is required, the assessment process may take longer. The company will be officially notified on the decision made by the approval committee.
ACCEPTANCE
Upon successful registration, companies will be sent a registration email to initiate the following in the system:
- To nominate an authorized person on behalf of the company.
- Generate, print and upload a signed copy of the Expatriate Service Agreement.
- To print and upload a signed copy of an Authorised Person Letter (“APL”) using company’s letterhead for any modifications or additions to authorised personnel. For a change of company name and address, the company MUST provide a new cover letter:
- Addressed to the Expats Service Centre.
- Addressed to the Immigration Department of Malaysia in MDEC.
- The latest e-SSM company profile.
Please refer to the application process section for the next course of action
FOREIGN KNOWLEDGE WORKERS
At the Expats Service Centre, we define a “knowledge worker” as an individual who holds one or more of the following criteria:
- Holds a tertiary qualification (Bachelor's Degree) from an institution of higher learning (in any field); or
- Holds a diploma in multimedia/ICT or another specialised ICT certification plus at least 5 years’ relevant experience in multimedia/ICT or an equivalent field; or
- Has held a professional, executive, management or technical work position in information technology (“IT”) enabled services (e.g. IT / IS Professionals, Finance / Accounting, Business Administration)
Industry/Sector: Applicant working with companies in ICT sector only:
The ICT (Information and Communication Technology) sector includes industries and businesses engaged in the creation, production, and upkeep of technologies that enable communication and information processing.
This sector covers a broad range of areas, including Information Technology (IT), Digital Media and Content, E-commerce, Cloud Computing, Networking and Infrastructure, Business Process Outsourcing (BPO), Cybersecurity, Data Management and Analytics, Telecommunications, and more.
APPLICABLE PASSES FOR FKW ENTRANCE INTO MALAYSIA
Our Expats Service Centre can only process and approve the following types of passes prior to submittal to the Immigration Department of Malaysia:
EMPLOYMENT PASS
There are 3 categories of this type of work permit that enables a FKW to take up employment under a contract of service with an organisation in Malaysia. The duration of these permits varies from a minimum of 12 months to a maximum of 60 months depending on the nature of employment and the need of such employment by the hiring organisation.
The Immigration Department of Malaysia will issue the Employment Pass upon the approval of employment positions by the Malaysia Digital Economy Corporation (MDEC) in Malaysia Digital (MD) Company.
A foreign knowledge worker issued with the Employment Pass shall not, without the consent of Immigration Department of Malaysia, engage in any form of paid employment in any business or professional occupation in Malaysia other than the particular employment specified in the Employment Pass.
Employment Pass Eligibility Criteria | Category 1 | Category 2 | Category 3 |
|---|---|---|---|
Applicant must earn a basic salary of minimum RM10,000 per month; AND Applicant must have an employment contract valid up to 60 months (subject to MDEC discretion). | |||
Applicant must earn a basic salary of minimum RM5,000 per month; AND Applicant has an employment contract valid up to 24 months. | |||
Applicant earns a basic salary between RM3, 000 to RM4,999; AND Applicant’s employment contract must not exceed 12 months. |
Employment Pass Eligibility Criteria | Category 1 | Category 2 | Category 3 |
|---|---|---|---|
| Allows the holder to be employed in West Malaysia by the hiring company | |||
| Spouse and children under 18 years old of Employment Pass holder are eligible for Dependent Pass. | |||
| Children over 18 years old and unmarried are eligible for Social Visit Pass (Long Term). | |||
| Parents / Parents-in-law are eligible for Social Visit Pass (Long Term). | |||
| Renewal of the pass can be considered, depending on the requirements. | |||
| Can be renewed for maximum two (2) times, subject to review. | |||
| For applicant that requires Visa to enter Malaysia, It is MANDATORY for the applicant who is currently abroad to obtain a Visa with Reference. | |||
| The applicant MUST be outside of Malaysia before the issuance of Approval Letter and to enter Malaysia AFTER obtaining the Reference Visa/eVisa (if required). |
The following approval letter/documents are required for submission of Foreign Knowledge Worker:
- Department of Labour Peninsular Malaysia (JTKSM).
- Approval from JTKSM as required by the Ministry of Human Resource under the provisions of Section 60K, Employment Act 1955 (Act 265).
- Social Security Organization (SOCSO).
- Approval from SOCSO after advertising job vacancies on the MYFutureJobs portal.
Please refer to and download this Checklist for Employment Pass
for all documentations required by MDEC and the Immigration Department of Malaysia.
FEE STRUCTURE
Services(New & Renewal) | MDEC's Charges(Per Applicant) |
|---|---|
Employment Pass | RM3,024.00 |
Dependant Pass (DP)
| RM540.00 |
Social Visit Pass (SVP)
| RM540.00 |
Amendment of Approval Letters | RM108.00 |
Special Pass (SP), Transfer of Endorsement (TOE), Cancellation of Passes | N.A |
The MDEC charges are non-refundable. However, MDEC shall refund 75% of Expatriate Services fee for rejected application. | N.A |
Immigration Fee | Refer here |