1. What is the current stance of Malaysia on immigration policies?

The current stance of Malaysia on immigration policies is fairly restrictive. The country has strict laws and regulations in place for immigration, with an emphasis on protecting national security and promoting economic growth.

1) Work Visas: Malaysia has several work visa categories for foreigners, including the Employment Pass which allows skilled foreign workers to work in the country, and the Professional Visit Pass which is for short-term assignments. However, the number of work visas issued is limited and subject to strict eligibility criteria.

2) Permanent Residency: Obtaining permanent residency in Malaysia can be a lengthy and complicated process. Foreigners must meet certain requirements such as having specialized skills or contributing to the country’s economy, and even then, there is no guarantee that they will be granted permanent residency.

3) Enforcement: Immigration laws are strictly enforced in Malaysia. This includes regular crackdowns on illegal immigrants and penalties for those found to be working without proper documentation.

4) Refugee Policies: While Malaysia provides temporary shelter for refugees, it does not have a formal asylum system or recognize refugee status. As a result, refugees may face difficulty obtaining legal employment or accessing education and healthcare services.

Overall, Malaysia’s immigration policies prioritize local employment opportunities and safeguarding national interests over facilitating foreign workforce entry into the country.

2. How has Malaysia’s immigration policies changed in the past 10 years?

Since the past decade, Malaysia’s immigration policies have undergone several changes in response to various economic, social and political factors. Here are some of the key changes that have taken place:

1. Introduction of Electronic Visa (eVisa) system
In 2016, the Malaysian government implemented a new electronic visa system, which simplified and streamlined the process of obtaining a visa for foreigners who wish to enter Malaysia for work, study or travel purposes. This has made it easier for individuals to apply for visas without having to physically visit an embassy or consulate.

2. Implementation of stricter border control measures
Following global security concerns and rising illegal immigration, Malaysia has strengthened its border control measures in recent years. This includes increased surveillance at borders, stricter entry requirements and more rigorous document checks.

3. Expansion of visa waiver programs
Malaysia has gradually expanded its list of countries whose citizens can enter Malaysia without a visa or with a visa on arrival. This move aims to attract more tourists and facilitate business travel to promote economic growth.

4. Introduction of the MyEntry online platform
To further streamline the immigration process, Malaysia launched the MyEntry online platform in 2020. This allows foreigners who are legally residing in Malaysia to apply for entry permits or extensions electronically without having to visit immigration offices.

5. Implementation of biometric systems at airports
In order to enhance security and efficiency at airports, Malaysia has implemented biometric systems such as e-gates and automated clearance systems (ACeS) at major international airports.

6. Tightening of work permit regulations
The Malaysian government has taken steps to regulate the hiring of foreign workers by tightening work permit requirements and imposing penalties on employers who hire undocumented workers.

7.Renewal of temporary resident passes (PLKS) for foreign workers under amnesty program
Due to challenges posed by COVID-19 pandemic in 2020, Malaysia extended validities for all foreign worker permits by six months which expired. It also introduced an amnesty program to allow undocumented foreign workers to legalize their status and continue working in the country.

Overall, Malaysia’s immigration policies have aimed to strike a balance between facilitating economic growth and maintaining security and control over its borders. The government has implemented various measures to make the immigration process more efficient, secure and transparent while also addressing issues such as illegal immigration and workforce needs.

3. Does Malaysia have a merit-based or family-based immigration system?

Malaysia has a primarily family-based immigration system, where individuals can apply for permanent residency or citizenship through close family ties such as marriage, blood relationships, or adoption. However, there are also limited pathways for skilled workers and investors to obtain permanent residency through a merit-based system.

4. Are refugees and asylum seekers welcome in Malaysia under the current immigration policies?

No, refugees and asylum seekers are not recognized or protected under Malaysia’s immigration policies. Malaysia is not a signatory to the 1951 United Nations Convention relating to the Status of Refugees, and as such does not have legal frameworks in place for the protection of refugees or asylum seekers.

As a result, refugees and asylum seekers face many challenges in accessing resources and rights in Malaysia. They are not allowed to work legally, do not have access to education or healthcare, and can be arrested and deported at any time.

In recent years, there have been reports of discrimination and mistreatment of refugee and asylum seeker populations in Malaysia, including arrests, detention, and deportation without due process.

While Malaysia has historically allowed some level of tolerance towards refugee communities in the country, their legal status remains precarious and their rights are often disregarded. As such, it cannot be said that they are truly welcome under current immigration policies.

5. What are the requirements for obtaining a permanent resident status in Malaysia?

To obtain a permanent resident status in Malaysia, one must meet the following requirements:

1. Meet the basic requirements: Applicants must be at least 21 years old, be of good character and health, possess skills or expertise that are beneficial to Malaysia’s economy, and have a clean criminal record.

2. Fulfill financial requirements: Applicants must have sufficient financial resources to support themselves and any dependents in Malaysia.

3. Be sponsored by a Malaysian citizen: A sponsor is required for the application and must provide a letter of recommendation and proof of relationship.

4. Show evidence of contribution to Malaysia: Applicants must have actively contributed to the development of Malaysia in their respective fields for at least five years, such as by making significant investments or providing specialized services.

5. Submit required documents: This includes a completed application form, valid travel documents, passport-sized photos, and relevant supporting documents such as academic qualifications and work experience certificates.

6. Pass security checks: Applicants must undergo background checks by Malaysian authorities.

7. Attend an interview: Applicants may be required to attend an interview with the Immigration Department of Malaysia.

8. Pay fees: There are fees associated with the application process which may vary depending on individual circumstances.

It is important to note that obtaining permanent resident status in Malaysia is at the discretion of the government and there is no guarantee of approval. The process can also take several months or even years to complete.

6. How does Malaysia handle undocumented immigrants?

Malaysia has a complex system for handling undocumented immigrants, which includes both enforcement and regularization measures.

1. Enforcement:
– The Malaysian authorities conduct regular operations to arrest and detain undocumented immigrants.
– These operations are carried out by agencies such as the Immigration Department, Royal Malaysia Police (PDRM), and People’s Volunteer Corps (RELA).
– Undocumented immigrants who are apprehended may be detained in immigration detention centers or deported back to their home countries.

2. Amnesty Programs:
– From time to time, the Malaysian government implements amnesty programs that allow undocumented immigrants to legalize their immigration status.
– This involves strict verification processes and payment of fines or fees.
– In some cases, individuals who qualify for these programs may also be granted work permits.

3. Voluntary Surrender Program:
– The Immigration Department has initiated voluntary surrender programs in the past, where undocumented immigrants can come forward voluntarily to regularize their status without facing arrest or detention.
– This program is aimed at discouraging illegal immigration and encouraging individuals to come forward to legalize their status.

4. Long-Term Social Visit Pass:
– Foreign nationals who have overstayed their visa in Malaysia can apply for a Long-Term Social Visit Pass (LTSVP).
– This allows them to remain in Malaysia legally for a certain period of time while they make arrangements to leave the country or regularize their stay through other means.

5. Employer Responsibility:
– Employers in Malaysia are responsible for ensuring that their employees have valid work permits.
– If an undocumented immigrant is found working at a company, the employer may face legal action including heavy fines and imprisonment.

6. Regularization:
– Individuals who have been living in Malaysia for a long period of time may be eligible for permanent residency through various channels such as marriage or investment schemes.
– However, these measures are subject to strict eligibility criteria set by the government.

7. Are there any special provisions for skilled workers in Malaysia’s immigration policies?

Yes, there are several special provisions for skilled workers in Malaysia’s immigration policies:

1. Employment Pass: Skilled foreign workers can apply for an Employment Pass, which allows them to work and stay in Malaysia for up to 2 years. This pass is usually granted to professionals, managers, executives, and technical personnel.

2. Professional Visit Pass: Professionals who are on short-term assignments or projects in Malaysia can apply for a Professional Visit Pass. This pass allows them to work in the country for up to 12 months.

3. Residence Pass-Talent (RP-T): The Malaysian government has introduced the Residence Pass-Talent (RP-T) to attract highly skilled foreign talent to work and live in Malaysia. The application process is expedited for those who have been identified by TalentCorp as key contributors to the country’s economic development.

4. Permanent Residency: Skilled foreign workers who have been working and living in Malaysia for at least 3 years can apply for permanent residency through the Foreign Knowledge Worker (FKW) category. This allows them to stay and work in Malaysia indefinitely.

5. M-Entry Visa: This visa is specifically designed for highly-skilled expatriates who are needed temporarily by Malaysian companies or organizations.

6. MYXpats Centre: MYXpats Centre was established by the Malaysian government as a one-stop center to facilitate the immigration processes of expatriates working in Malaysia under the above-mentioned passes.

7. Priority Sectors: The Malaysian government has identified certain priority sectors such as oil and gas, finance, telecommunications, ICT, tourism, healthcare, and education where skilled foreign workers are particularly needed and may have easier access to employment opportunities.

8. Is there a quota system for different types of immigrants in Malaysia?

Yes, Malaysia has a quota system for different types of immigrants. The country follows a point-based immigration system, where each type of immigrant is allocated a certain number of points based on their skills, education, and work experience. The total number of points required for immigration is constantly reviewed and adjusted by the Ministry of Home Affairs.

The quota system also varies depending on the category of immigration, such as employment pass holders, dependents, students, etc. For example, in 2020, the government announced a new quota for employment passes that limits the proportion of foreign workers in certain industries to no more than 15% of the workforce.

Additionally, Malaysia has different quotas for refugees and asylum seekers. Asylum seekers and refugees are processed through the UNHCR Malaysia office and are given refugee status on a case-by-case basis. However, the intake numbers are limited due to resource constraints.

Overall, Malaysia’s quota system aims to strike a balance between addressing labor shortages and protecting local job opportunities for citizens.

9. Are foreign students allowed to work and stay after graduation in Malaysia under the immigration policies?

According to the Immigration Department of Malaysia, foreign students are allowed to work part-time for a maximum of 20 hours per week during semester breaks and full-time during semester holidays. However, they must obtain a valid student pass that allows them to work.

After graduation, foreign students can apply for a Post-Graduation Work Permit (PGWP) from the Malaysian Immigration Department. This permit allows them to stay and work in Malaysia for up to 12 months, depending on the duration of their study program.

In order to be eligible for a PGWP, foreign graduates must have completed their studies at an accredited institution in Malaysia and have a valid job offer from a local employer. They also need to meet other requirements such as having a minimum level of income and fulfilling health and security checks.

After the expiration of their PGWP, graduates may be eligible to apply for a long-term work permit or permanent residence in Malaysia if they meet the necessary criteria. The immigration policies for post-graduation employment and residence may vary based on the type of degree obtained and the industry or profession. It is recommended that foreign students consult with the relevant authorities for specific information regarding their situation.

10. What measures does Malaysia have in place to prevent illegal migration?

Malaysia has various measures in place to prevent illegal migration, including:

1. Immigration laws: Malaysia has strict immigration laws that set out the requirements for entry and stay in the country. Individuals found to be in violation of these laws are subject to deportation.

2. Border control: Malaysia has strengthened its border control with increased patrols, security checks, and surveillance systems at airports, seaports, and land borders.

3. Immigration checkpoints: There are multiple immigration checkpoints located throughout the country where individuals must present their valid travel documents for inspection.

4. Visa requirements: Visitors from certain countries are required to obtain a visa before entering Malaysia. This helps to screen potential illegal migrants before they enter the country.

5. Biometric screening: Malaysia uses biometric technology at its entry points to identify and track individuals who have previously been deported or denied entry into the country.

6. Enforcement operations: The Malaysian government conducts regular enforcement operations targeting areas known for high concentrations of undocumented immigrants.

7. Employer verification: Employers are required to verify the immigration status of their employees through a centralized system, which helps to reduce the number of undocumented workers.

8. Regularization programs: The Malaysian government periodically offers regularization programs that allow undocumented migrants to apply for legal status and work permits in order to remain in the country legally.

9. Collaboration with other countries: Malaysia works closely with other countries through bilateral agreements and partnerships to address illegal migration, including information sharing and joint enforcement efforts.

10. Public awareness campaigns: The Malaysian government conducts public awareness campaigns on the consequences of illegal migration and encourages citizens to report suspected cases of illegal migrants to authorities.

11. Does Malaysia’s immigration policy prioritize certain countries or regions over others?

Yes, Malaysia’s immigration policy prioritizes certain countries or regions over others. This is based on the government’s immigration guidelines and priorities, which include:

1) Security concerns: Malaysia gives priority to countries with good security records and established diplomatic relations.

2) Economic factors: In an effort to attract foreign investment and skilled workers, Malaysia prioritizes countries with strong economic ties and potential for trade.

3) Education: The Malaysian government has a preference for international students from top education hubs such as China, India, and Indonesia.

4) Geographical proximity: Neighboring countries such as Singapore, Thailand, and Indonesia are given priority due to their close proximity and cultural similarities.

5) Bilateral agreements: Malaysia has established agreements with certain countries which allow for easier travel and migration between the two nations.

Overall, the immigration policy is geared towards promoting national interests while maintaining security and stability in the country.

12. Are there any age restrictions for immigrants coming to Malaysia?

Generally, there are no specific age restrictions for immigrants coming to Malaysia. However, certain types of visas or work permits may have age restrictions imposed by Malaysian authorities. For example, there is an upper age limit for applicants applying for Malaysia’s Employment Pass.
Additionally, individuals under 18 years old may need to obtain parental consent and proper documentation before immigrating to Malaysia.

13. Is it possible to appeal a decision made by the immigration authorities in Malaysia?

Yes, it is possible to appeal a decision made by the immigration authorities in Malaysia. The appeal process can vary depending on the specific decision and circumstances, but generally involves submitting a written appeal to the appropriate authority and providing any necessary supporting documents or evidence. It is recommended to consult with an immigration lawyer for guidance on the specific appeals process for your situation.

14. How long does the process of obtaining citizenship take under Malaysia’s immigration policies?

The process of obtaining citizenship in Malaysia can take several years, depending on the type of citizenship being applied for and individual circumstances. Generally, it can take anywhere from 1 to 5 years for an individual to obtain citizenship through naturalization or registration. The process may involve multiple steps such as obtaining permanent residency, fulfilling specific eligibility requirements, passing language and knowledge tests, and undergoing background checks. It is best to check with the Malaysian Immigration Department for more specific and up-to-date information on processing times.

15. Are there any language or cultural integration requirements for immigrants?

Yes, many countries have language and cultural integration requirements for immigrants. This may include language proficiency tests, cultural orientation programs, and/or integration courses that provide information about the country’s history, values, laws, and customs. These requirements aim to facilitate the integration of immigrants into society and help them understand and adapt to their new home country.

16. Can an immigrant bring their immediate family members with them when moving to Malaysia?

Yes, an immigrant can bring their immediate family members, such as a spouse and dependent children, when moving to Malaysia. However, the process for bringing family members may vary depending on the type of visa or permit the immigrant holds.

If the immigrant has a work permit, they may be able to apply for a Dependent Pass for their spouse and children under 18 years old. This requires them to have a valid employment contract and meet certain financial requirements.

If the immigrant holds a long-term visa or permanent residency in Malaysia, they may be able to sponsor their family members for a Long-Term Social Visit Pass. This allows their spouse and children to stay in Malaysia for up to 5 years.

In both cases, the immigrant will need to provide various documents such as marriage certificate, birth certificates of children, proof of financial ability to support their family, and valid passports among others. It is recommended to consult with the Immigration Department of Malaysia for more specific information and requirements.

17. Are there any incentives or benefits offered to attract foreign investors under the immigration policies of Malaysia?

Yes, there are some incentives and benefits offered to foreign investors under Malaysia’s immigration policies. These include:

1. Employment Pass: Foreign investors who wish to work in Malaysia can apply for an Employment Pass, which acts as a work permit and residency pass. This allows them to live and work in the country for up to 5 years.

2. Residence Pass-Talent (RP-T): Highly skilled foreign professionals can apply for a RP-T, which is a long-term visa that allows them and their families to reside and work in Malaysia for up to 10 years.

3. Tax incentives: Malaysia offers various tax incentives to attract foreign investors, including Pioneer Status or Investment Tax Allowances.

4. 10-year renewable multiple-entry social visit pass: Foreign investors who have invested at least RM500,000 (approximately USD$120,000) in fixed assets in Malaysia may be eligible for a 10-year renewable multiple-entry social visit pass. This allows them to enter and exit the country freely without having to continuously renew their visa.

5. Permanent Residency: Foreigners who have made significant investments (usually above RM2 million or approximately USD$480,000) in the country may be eligible for permanent residency after meeting certain criteria.

6. Ease of doing business: Malaysia offers a business-friendly environment with streamlined procedures for setting up businesses, obtaining licenses and permits, and ease of repatriation of profits.

7. English-speaking workforce: The majority of Malaysians speak English fluently, making it easier for foreign investors to communicate and do business in the country.

8. Strategic location: Located at the heart of Southeast Asia, Malaysia provides easy access to other regional markets such as Singapore, Indonesia, Thailand, and Vietnam.

It is advisable to consult with an immigration lawyer or relevant government agencies for specific details on the latest incentives available for foreign investors.

18. Does Malaysia offer any type of temporary work visas for foreigners? If yes, what are the requirements and validity period?

Yes, Malaysia offers various types of temporary work visas for foreigners. These include:

1. Employment pass: This visa is for skilled foreign workers and professionals who are offered a job in a Malaysian company that pays at least RM5000 per month. The validity period is usually 2 years and can be renewed.

2. Professional visit pass: This visa is for foreign professionals who need to come to Malaysia for short-term assignments or consultations with a Malaysian company. The validity period is usually up to 6 months.

3. Temporary employment pass: This visa is for foreign workers hired by companies in the manufacturing, construction, plantation, agriculture or services sectors. The duration of the pass depends on the duration of the worker’s contract, up to a maximum of 5 years.

The requirements for these visas may vary depending on the type of work and employer. Generally, applicants must submit their passport, completed application form, relevant documents (e.g., employment contract), proof of sufficient funds and accommodation in Malaysia, medical examination report, and payment of fees.

In addition to these visas, there are also other temporary work-related visas such as the Dependant Pass (for spouses and children of employment/pass/work permit holders) and Professional Visit Pass (for freelancers or self-employed individuals).

It is important to note that foreign nationals working in Malaysia must also obtain a valid work permit from the Malaysian Immigration Department (Ministry of Home Affairs).

19. How are international marriages and partnerships recognized and supported under the immigration policies of Malaysia?

Under Malaysia’s immigration policies, international marriages and partnerships are recognized and supported in several ways:

1. Spousal or partner visas: Non-Malaysian spouses or partners of Malaysian citizens or permanent residents can apply for a spouse visa or dependent pass which allows them to live and work in Malaysia.

2. MM2H program: The Malaysia My Second Home (MM2H) program allows foreigners who are in a genuine relationship with a Malaysian citizen to stay in Malaysia on a long-term social visit pass. This program also grants other benefits such as the right to purchase property and access to healthcare services.

3. JTKLN endorsement for foreign workers: Foreigners who are married to Malaysian citizens can apply for a JTKLN (Jabatan Tenaga Kerja Luar Negara) endorsement when applying for a work permit. This allows them to work in selected sectors in Malaysia.

4. Adoption by Malaysians: Malaysians who wish to adopt a child from another country can bring the adopted child into the country under the immigration policies.

5. Same-sex partnerships: While same-sex marriage is not legally recognized in Malaysia, there have been cases where Malaysian immigration authorities have granted approval for same-sex partners of local expatriates who hold valid employment passes or dependant passes to enter and reside in Malaysia.

6. Support for cultural diversity: The Malaysian government actively encourages intercultural exchanges through various initiatives, including granting permission for spouses of Malaysian professionals working abroad to be employed in Malaysia under the “Returning Experts Programme”.

7. Family reunification privileges: Visa facilities are available under certain special circumstances – such as those involving adoption, care-giving needs, etc – where family reunification is permitted even if one of the parties does not fulfill all other typical eligibility criteria linked with employment purposes.

Overall, Malaysia has relatively flexible immigration policies that recognize and support international marriages and partnerships by allowing spouses/partners opportunities to live and work in the country. However, it is important to note that all applicants must meet certain eligibility criteria and adhere to the relevant immigration laws and regulations.

20.Is dual citizenship allowed inMalaysia according to its immigration laws?

Yes, dual citizenship is allowed in Malaysia according to its immigration laws. The country recognizes and accepts dual citizenship for its citizens as long as they fulfill certain criteria and requirements set by the government. However, it is important to note that not all nationalities are eligible for dual citizenship in Malaysia and each case is evaluated on an individual basis. Additionally, individuals with dual citizenship must abide by both countries’ laws while residing in Malaysia.