Residence Permit Laws and Processes as an Expat in Malaysia

1. What is the required duration of stay before qualifying for a residence permit in Malaysia?


The required duration of stay before qualifying for a residence permit in Malaysia varies for different types of permits. Generally, individuals can apply for a residence permit after residing in Malaysia for at least five continuous years. However, this duration may be shorter for certain categories of individuals, such as foreign investors, expatriates, and skilled workers.

2. Are there different types of residence permits available for expats in Malaysia?

Yes, there are different types of residence permits available for expats in Malaysia. These include:

1. Employment Pass (EP): This permit is issued to skilled foreign workers who are employed by a registered company in Malaysia and earn a salary above RM 5,000 per month.

2. Residence Pass – Talent (RP-T): This permit is granted to highly skilled expats who have been approved by the Malaysian government to work in specific industries such as oil and gas, finance, and IT.

3. Dependent Pass: This permit is issued to the spouse and children under 18 years of age of an expat on an EP or RP-T.

4. Long Term Social Visit Pass (LTSVP): This pass is granted to foreigners married to a Malaysian citizen or permanent resident of Malaysia.

5. Malaysia My Second Home (MM2H) Visa: This is a long-term social visit pass that allows foreigners above 50 years old to stay in Malaysia for up to 10 years with multiple entries.

6. Professional Visit Pass (PVP): This pass is granted for short-term assignments or consulting work not exceeding 12 months.

7. Student Visa: Foreign students studying at an accredited institution in Malaysia can apply for this visa.

8. Permanent Residence: Eligible foreigners with a minimum duration of five continuous years residing in Malaysia can apply for permanent residency status.

3. How do I apply for a residence permit in Malaysia?
The application process may vary depending on the type of residence permit you are applying for, but typically you will need to follow these steps:

1. Get a job offer from a registered company in Malaysia if you are applying for an Employment Pass or an RP-T.

2. Obtain all required documents, including your passport, medical reports, employment contract, and necessary forms from the relevant authorities or your employer.

3. Submit your application through the Expatriate Services Division (ESD) online system or in-person at any Immigration Department of Malaysia.

4. Pay the necessary fees and provide biometric data.

5. Wait for your application to be processed, which can take anywhere from a few days to a few months depending on the type of permit you are applying for.

6. Once approved, you will receive a visa with a validity period, after which you must enter Malaysia within the given time frame.

7. Upon entering Malaysia, you must complete the final process at the Immigration Department to obtain your actual residence permit.

4. Can I work in Malaysia with a tourist visa?
No, it is not legal to work in Malaysia with a tourist visa. Tourist visas are meant for short-term stays for tourism purposes only and do not grant permission to engage in any form of employment. If found working on a tourist visa, an expat may face fines, deportation, and future difficulties obtaining visas or permits to enter Malaysia. It is important to apply for the correct visa or residence permit before working in Malaysia.

3. How long is the processing time for a residence permit application in Malaysia?


The processing time for a residence permit application in Malaysia varies depending on the type of residence permit being applied for and individual circumstances. However, it typically takes between 1-6 months for the application to be approved.

4. Can I apply for a residence permit while still living outside of Malaysia?


Generally, no. In order to apply for a residence permit in Malaysia, you must already be in the country with a valid visa. It is possible to apply for a long-term visa or entry permit from abroad, but you cannot obtain an actual residence permit until you are physically present in Malaysia.

However, there may be some exceptions for specific categories of individuals, such as investors or highly skilled professionals. In these cases, it is best to consult with the relevant authorities or an immigration lawyer for more specific information about eligibility and application procedures.

5. How much does a residence permit cost?

The cost of a residence permit varies depending on the type of visa or permit you are applying for and your country of citizenship. Generally, the fees can range from RM90 for temporary work permits up to several thousand ringgit for long-term resident visas.

6. How long does it take to process a residence permit application?

The processing time for a residence permit can vary depending on the type of visa or permit being applied for and your personal circumstances. It can take anywhere from a few weeks to several months for your application to be processed and approved.

7. Do I need to have health insurance in order to obtain a residence permit?

Yes, having health insurance is often a requirement for obtaining a residence permit in Malaysia. This is to ensure that you have access to medical treatment while staying in the country.

8. Can my family members join me on my residence permit?

Yes, depending on your specific circumstances and type of visa or permit, your family members may be able join you under your residence status in Malaysia.

9. Do I need to speak Malay (Bahasa Malaysia) in order to obtain a residence permit?

No, fluency in Malay is not typically required in order to obtain a residence permit in Malaysia. However, some knowledge of basic Malay may be helpful during daily interactions and when completing paperwork related to your stay.

10. Can I work in Malaysia with a residence permit?

Yes, depending on the type of residence permit you have been granted, you may be eligible to work in Malaysia. It is important to check with the relevant authorities or an immigration lawyer regarding the specific requirements and limitations for working under your particular visa or permit.

5. Are there any restrictions or eligibility requirements for obtaining a residence permit in Malaysia?

Yes, there are several restrictions and eligibility requirements for obtaining a residence permit in Malaysia. These include:

1. Meeting the minimum investment criteria: To qualify for a residence permit as an investor, you must meet the minimum investment criteria, which varies depending on the type of residence permit you are applying for.

2. Prohibited professions: Certain professions such as milk delivery workers, massage therapists, and manual laborers are not eligible for a residence permit in Malaysia. It is important to check the list of prohibited professions before applying.

3. Age requirement: Applicants must be at least 21 years old to apply for a residence permit in Malaysia.

4. Good character: You must have a clean criminal record and be able to demonstrate good character when applying for a residence permit in Malaysia.

5. Health requirements: Depending on your type of residence permit, you may be required to provide proof of good health through medical examinations or tests.

6. Financial stability: Applicants will need to prove that they have sufficient funds to support themselves and any dependents during their stay in Malaysia.

7. Other specific requirements: Certain types of permits may have additional requirements, such as having specific skills or experience related to your occupation, or proving proficiency in English or Malay language.

It is best to consult with Malaysian immigration authorities or an immigration lawyer for specific eligibility requirements based on your situation.

6. Is it possible to work with a residence permit in Malaysia, or do I need additional work authorization?


According to the Malaysian Immigration Department, foreigners with a valid residence permit or long-term social visit pass (LTSVP) are allowed to work in Malaysia without the need for additional work authorization. However, they are only permitted to work in the specified job and for the duration approved by the Malaysian Immigration Department.

It is important to note that employment restrictions may be placed on certain types of visas or permits, so it is best to check with the relevant authorities before starting any type of work in Malaysia. Additionally, foreign workers must also comply with all other regulations related to employment, such as obtaining a work visa and paying appropriate taxes and contributions.

Overall, it is possible to work with a residence permit in Malaysia, but it is important to ensure that all necessary requirements are met and properly documented.

7. Do I need to show proof of financial stability in order to obtain a residence permit in Malaysia?


Yes, applicants for a residence permit in Malaysia are required to show proof of financial stability. This usually includes documents such as bank statements, income tax returns, and employment verification letter. The immigration authorities want to ensure that the applicant has sufficient funds to support themselves and their dependents while living in Malaysia.

8. Can I bring my family members with me on my residence permit in Malaysia?

Yes, you can apply for a dependent pass for your spouse and children under the age of 18 to join you on your residence permit in Malaysia. They will be allowed to reside with you in Malaysia for the duration of your permit. However, they will not be permitted to work unless they obtain their own work permits.

9. What documentation is needed for a residence permit application in Malaysia?


To apply for a residence permit in Malaysia, you will need to provide the following documentation:

1. Completed residence permit application form.

2. Valid passport with at least 6 months remaining before expiry.

3. Two recent passport-sized photographs.

4. Immigration guarantor form (Form IMM.39) if you are over 18 years old.

5. A copy of your letter of employment or business registration document, if applicable.

6. Proof of financial stability, such as bank statements or pay slips.

7. Health examination report from a designated clinic or hospital in Malaysia.

8. Copy of tenancy agreement or property ownership documents for your place of residence in Malaysia.

9. Letter of approval from the relevant approving agency (e.g., Malaysian Investment Development Authority, Multimedia Super Corridor).

10. Other supporting documents that may be required depending on your specific situation, such as marriage certificate, birth certificate, etc.

11. Any additional documents requested by the immigration authorities during the application process.

It is important to note that all documents must be original or certified true copies by the issuing authority and translated into English if they are in a different language.

10. How long is the validity period of a residence permit in Malaysia?


The validity period of a residence permit in Malaysia varies depending on the type of residence permit obtained. A typical work or student residence permit is valid for 1-3 years, while a long-term social visit pass may be valid for up to 10 years. Renewal of the residence permit is required before it expires.

11. Can I renew my residence permit before it expires, and if so, how far in advance?

Yes, you can renew your residence permit before it expires. The renewal process should be started at least 30 days before the expiration date of your current residence permit. This will give you enough time to gather all the necessary documents and complete the application process. However, some countries may have different requirements and timelines for renewal, so it is best to check with the immigration authorities in your host country for specific guidelines.

12. Is there an age limit for applying for a residence permit in Malaysia?


Yes, applicants must be at least 18 years old to apply for a residence permit in Malaysia. Minors under the age of 18 will need to have their parents or legal guardians apply on their behalf.

13. What are the fees associated with obtaining a residence permit in Malaysia as an expat?


The fees associated with obtaining a residence permit in Malaysia as an expat may vary depending on your nationality and the type of permit you are applying for. Below are some common fees that you may incur during the application process:

1. Visa or Entry Permit Fees: The first step to obtaining a residence permit in Malaysia is to apply for a visa or entry permit. The fees for this will depend on your nationality and the length of stay you are applying for.

2. Processing Fees: Once you have been approved for a visa or entry permit, you will need to pay a processing fee. This fee varies depending on the type of permit you are applying for.

3. Medical Examination Fee: Some residence permits may require you to undergo a medical examination to ensure you do not pose any health risks to the country. The cost of this examination varies depending on the medical facility.

4. Security Bond: Certain categories of visas, such as employment and student visas, require applicants to submit a security bond that serves as an assurance that they will abide by the conditions of their stay in Malaysia.

5. Long-Term Social Visit Pass (LT-SVP) Fee: If you are planning to stay in Malaysia for longer than six months, you will need to obtain an LT-SVP, which has its own set of fees.

6. Annual Renewal Fee: Most residence permits in Malaysia are valid for one year and must be renewed annually before their expiry date. This renewal comes with its own fees.

7. Endorsement/Cancellation Fees: If your work or personal circumstances change during your stay in Malaysia, like changing jobs or leaving the country permanently, you may need to endorse or cancel your residence permit at the Immigration Department, which will incur additional fees.

It is recommended to consult with the Malaysian Immigration Department website or visit your nearest Malaysian Embassy/Consulate for detailed information on specific fees related to your situation before beginning the application process.

14. Are there any additional requirements or procedures for students seeking a residence permit in Malaysia?


Yes, there are additional requirements and procedures that students must follow in order to obtain a residence permit in Malaysia. These may include:

1. Obtaining a student visa: Before applying for a residence permit, students must first obtain a valid student visa from the Malaysian embassy or consulate in their home country.

2. Providing proof of enrollment: Students will need to provide proof of enrollment at a recognized Malaysian institution, such as an acceptance letter or confirmation of admission.

3. Financial documentation: Students will also need to demonstrate that they have sufficient funds to cover their living expenses while studying in Malaysia. This can include bank statements, scholarship letters, or sponsorship letters.

4. Medical examination: Some students may be required to undergo a medical examination and provide a certificate of health before they can obtain their residence permit.

5. Passport validity: The student’s passport must be valid for at least 6 months beyond the date of entry into Malaysia.

6. Submitting an application form: Students will need to complete and submit an application form for a residence permit at the immigration office in Malaysia.

7. Paying fees: There is typically a fee associated with obtaining a residence permit in Malaysia, which students must pay when submitting their application.

8. Attending biometric data collection appointment: Some students may be required to attend an appointment for biometric data collection as part of the residence permit application process.

9. Meeting academic requirements: In addition to immigration requirements, students must also meet the academic requirements set by their institution in order to maintain their residence permit status.

It’s important for students to carefully follow all necessary procedures and provide all required documents when applying for a residence permit in Malaysia in order to ensure a smooth and successful application process.

15. Do I need to undergo medical examinations or vaccinations as part of the residence permit process in Malaysia?.


It depends on individual circumstances and the type of residence permit being applied for. Some permit categories, such as the Employment Pass, may require medical examinations or vaccinations as part of the application process. It is recommended to check with the Malaysian immigration authorities or your designated sponsor for more information on specific requirements for your case.

16. Is there an interview process involved when applying for a residence permit in Malaysia?


Yes, there is an interview process involved when applying for a residence permit in Malaysia. The specific details of the interview will vary depending on the type of residence permit and the Immigration Department officer conducting the interview. However, common questions may include inquiries about the reason for wanting to live in Malaysia, proof of financial stability, and any potential criminal background checks. Applicants should be prepared to provide relevant documents and answer questions truthfully during the interview process.

17.YAre there any penalties or consequences if my residence permit expires and I have not renewed it?

It depends on the policies and laws of the country in which you hold your residence permit. In most cases, not renewing your residence permit before it expires can result in fines, deportation, and difficulties re-entering the country in the future. It is important to check with the relevant authorities and ensure that you follow all necessary procedures to renew your residence permit before it expires. If you are unsure about the process, seek advice from an immigration lawyer or contact your local immigration office for guidance.

18.Can my employer sponsor me for a work-related residency visa instead of going through the standard process?


Yes, your employer can sponsor you for a work-related residency visa. This process is known as an employment-based immigration or work visa sponsorship. Depending on the specific requirements of the country you are applying for a residency visa in, your employer may need to provide certain documents and meet certain criteria. It is important to research and understand the specific requirements and processes for the country where you are seeking a work-related residency visa through your employer sponsorship.

19.What happens if my residency visa application gets rejected by authorities?


If your residency visa application gets rejected by authorities, you may need to reapply and address any issues that led to the rejection. It is important to carefully review the reasons for rejection and make sure to provide all necessary documents and meet all requirements in your next application. If you are unable to meet the requirements or if there are any concerns about your eligibility, it is best to seek advice from an immigration lawyer or consultant for guidance on alternative options.

20.Can my siblings or other extended family members join me on my residence permit in Malaysia?


No, only spouses and dependent children under 18 years old are able to join you on your residence permit in Malaysia. Siblings or other extended family members would need to apply for their own individual residence permits.