Deloitte: Update & FAQ on Malaysian immigration matters for expatriates during MCO Period

26 Mar 2020

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Following the announcement by the Prime Minister today that the Movement Control Order (“MCO”) in Malaysia is extended from 31st March 2020 till 14th April 2020, we have prepared the frequently asked questions in respect of expatriates’ work pass (i.e. Employment Pass and Professional Visit Pass) together with our responses as follows. We will keep you updated with the latest immigration requirements and feedback from time to time. Do feel free to reach out to us if you have any further questions and we will be more than happy to assist.

Q1. I am an expatriate holding a valid Employment Pass/Professional Visit Pass issued by Malaysia immigration authority. I have been overseas before the MCO started on 18th March 2020. Can I return to Malaysia during MCO period?

Unfortunately no entry is allowed except for Malaysian nationals, Permanent residents and Diplomats based in Malaysia, until the MCO is lifted.

Q2. My work pass (new/renewal) application has been approved and I am currently in Malaysia. I understand that I cannot have a new work pass evidenced/endorsed on my passport because all the immigration offices are closed. Will I have any issue to remain in Malaysia? What if my current pass will expire during MCO period?

You will not have any issue to remain Malaysia as your work pass approval letter is valid for six (6) months to allow the applicant to endorse the new work pass on the passport in Malaysia (within the 6 months period). In the event your current pass expires during the MCO period, you do not need to leave Malaysia until the MCO is lifted. If you need to leave Malaysia due to personal/business reason, you would be able to leave Malaysia without any Special Pass based on the latest feedback we received from the Malaysia immigration authority. Please let us know in advance when you have to leave Malaysia so that we can advise you if there are any latest developments.

Q3. My work pass renewal application is pending approval from the immigration authorities and my current work pass is valid until end May 2020. Anything that I need to be aware of?

No as far as immigration requirements are concerned. Please take care and stay safe until the MCO is lifted. The immigration authorities are also closed during the MCO period.

Q4. My work pass renewal application is pending approval from the immigration authorities and my current work pass will expire on or before 14th April 2020. What if the application is still in process and I need to leave Malaysia after 14th April 2020? Will I then be considered having remained in Malaysia illegally?

No, you will not be considered having remained in Malaysia illegally. Assuming that the MCO is lifted after 14th April 2020, a Special Pass is required to be obtained to “legalise” your stay before you are allowed to leave Malaysia. The Special Pass is generally to be applied to the nearest immigration office/the headquarters of Immigration Department located in Putrajaya, Malaysia. If the MCO continues after 14th April 2020 and you need to leave, the Special Pass can be obtained at the airport. It is best to plan to be at the airport much earlier to obtain the SP. Please let us know in advance so that we can advise you accordingly.

Q5. I have a newborn in Malaysia recently (i.e. less than 6 months old). The baby has a passport but has not obtained a Dependant’s Pass. What should I do to legalise her stay? What if I need to leave Malaysia with my baby (without a Dependant’s Pass)?

Generally, a Special Pass has to be obtained prior to the departure date. If you plan to depart during the MCO period, you may do so without any Special Pass at the discretion of immigration authority at the airport. If you plan to leave after the MCO lifts, the Special Pass can only be applied at the immigration authority. Please let us know in advance when you intend to depart so that we can advise you accordingly.

Q6. I entered into Malaysia as a business visitor on Social Visit Pass.

You are allowed to leave Malaysia without any Special Pass as long as there is an available flight for you. Otherwise, you can remain in Malaysia until the MCO is lifted. I could not return to my home country/residing country because there is no flight. My Social Visit Pass has expired or will expire during MCO period. What should I do?


Your next step

If you have any questions or require any assistance on the above, please contact our Global Employer Services (GES) team to find out how we can help you.

Ang Weina 03-7610 8846 angweina@deloitte.com
Chee Ying Cheng 03-7610 8827 yichee@deloitte.com
Cynthia Wong 03- 7610 8091 cywong@deloitte.com

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