Working Visa for Dependant in Malaysia

Hi Dorsalee

He has a right to get you to cancel the work permit because he is the sponsor of your work permit. There is no penalities but you need to get him to give you a release letter to say that he will not have a problem if you were to work with another company. .You you do not have this letter, you will not be able to obtain the work permit for the future company as you will not be able to work in Malaysia for 6months.

Get them to also forward to you the EA form as you will need to sort out your taxes.

Regards
Geri

i didnt know there was a 6month visa rule in malaysia

Dear Geri

Thanks for your feedback and ideas but there is something I want to make it clear. I am holding a spouse visa as well and originally spouse visa is not allowede to work. I took the working visa which is attached to my spouse visa. Will there be a problem if I'm not going to cancel it and just wait until it expires?

This FAQ is in relation to visas for spouses married to a Malaysian. On the other hand, a spouse of an expat who is working in Malaysia is permitted to work but will require an endorsement of the Immigration approval just like an ordinary expatriate work permit.

Q.        Is it true that as long as you are a Malaysian spouse, you will definitely be entitled to a spouse dependent's visa?

A.         Yes but the Malaysian partner must hold a job and have income to support the dependent.  He or she will have to enter with a social visit pass which is normally 3 months but that can be reduced to one month if country's passport he/she is holding is that of a blacklisted national.

Q.        If the Malaysian partner has a job, how long will the dependent's visa be approved for?

A.         The type of visa in this case is called the Long Term Social Visit pass. Upon arrival of the spouse on a social visit pass, you apply to convert that into a Long Term Social Visit pass. This pass is given for only 6 months and renewable after six months. The children are also subject to the same rules. The 6 months visa will be converted to a 1 year visa after a year.

Q.        Can a spouse, on a dependent's visa , work?

A.         Yes, if he can find a local sponsor. Once he gets a letter of offer, he can then apply to have an additional endorsement which carries the “permission” to work on another page.

Q.        Does the local sponsor company have to be capitalized at RM500,000?

A.         No, any local company can sponsor a Malaysian spouse. The RM2 paid up capital requirement may be  increased to RM100,000.

Q.        Does the spouse have to have specific skills like other expatriates in order to qualify for the work permit?

A.         No, any company can offer any type of job to a Malaysian spouse , even typist or receptionist.

Q.        Is there a minimum salary that is required for immigration purposes?

A.         At the moment, there is no minimum but it must be market value for the post applied for and the applicant will have to pay personal income tax.

Q.        Why is it so difficult to get a local company then to employ a spouse if it seems relatively simple?

A.         Most local companies do not know much about work permit and immigration matters and are afraid to get into a contract that would have the possibility of landing them into problems with the authorities.  They do not know how to go about applying for the permit and the charges and assumes that it is costlier than employing a normal local. They also assume that the foreign spouse will demand more money than the local and therefore do not desire to pursue the employment any further.

Q.        Is there a way to convince them otherwise?

A.         Yes, you would have to volunteer to pay and process your work permit. Our company does provide sponsorship for genuine spouses with this difficulty in order to facilitate the employment process and save the spouse the inconvenience of having to worry about doing visa runs and extensions.

Q.        If the spouse can't find a job sponsor and the business set up is too costly a liability, what other alternatives would he have?

The alternative is still to get a local sponsor; a company willing to sponsor the spouse for a fee so that the spouse can remain in the country long enough, without having to worry about visa problems, to find a genuine employer and later on transfer to the new employer. You can [email protected] for such a service. This alternative is only available to genuine spouses and not marriage of conveniences.

Q.        When a spouse changes jobs, does the cooling period apply?

A.         No.

Q.        How easy is it to transfer a spouse permit from one company to another?

A.         The application for the transfer will be considered as a new application altogether. You will need to terminate the visa with the previous employer first before endorsing the new visa with the new employer.

Q.        Can a spouse apply for an EP – Professional pass and get a 2 year work permit?

A.         Once you register with Immigration as a spouse, you cannot change that category of application in future.  You will be stuck with the 1 year until there is further change in the Immigration guidelines. If you wish to get an EP, then you should apply for it right at the beginning and keep the spouse info. away from the Immigration or you will be forced to go through that route. Usually, if the couple intends to set up business, you can apply for the EP using your company (which you set up ) as your sponsor. Most spouses find out a bit too late this information when they finally decide to go into business for themselves. Conditions as stated in the company formation FAQ still apply. The business set up FAQ is available upon request.

Q.        Can my partner get a PR after 5 years in Malaysia?

A.         The pre-requisite period is 5 years but nonetheless, it is still very difficult to get a PR as there are many other criterias. If the spouse is Muslim, chances are good. If not, you can submit an application and wait for years before you are given a PR. Most of the time, it is rejected.  PRs are given out at the discretion of the Home Ministry .

Q.        What happens when the spouse is divorced from the Malaysian partner?

A.         There is no specific guideline for this situation but in some cases, the Malaysian partner can continue to sponsor the spouse where the Immigration Dept. has not updated their system with the divorce.  Otherwise, a divorced spouse will have to get another sponsor elsewhere or set up business to sponsor herself/himself.

Hi Apexpointsolution

Thank you for your time and effort in enlightening my mind. The information you've given is really a big helo for me.

Regards
Doressa:)

No problem

Cheers

Geri

Hi Dores,

That's the normal procedure, getting work permit for a foreign wife/husband and cancel it when you resign or wait until it expires as it is in a yearly basis.  Your boss just playing safe that's why she wants you to cancel it as soon as you left the company. Nevertheless, there is no penalty on both ways.  But it's better that you cancel it now for you to easily apply for another work permit if you find a new job.

Regards,
Pilar

Hi
How to take work permit visa
Plz Gide me

Hi apexpointsolutions,

You have indeed provide a lot of important facts and it has been very beneficial.

I have a query and I hope you will be able to advise me. I am a Malaysian and my wife Is a Korean.
She has been working in a MNC for almost 4 years. She used to be working in the company with her working permit. After our marriage, she cancelled her working permit and she is currently working in the same company with her spouse visa(which we applied and Immigration has endorsed it).

Now, she is resigning from her current company. So, what does she need to do? Her HR is not able to advise her as they are new, so they have no clue what needs to be done. Shocking but that is the reality. Hence, I would need you advise on what does she need to do.

Many thanks in advance.

You can email me here or to mmujoe@yahoo,com

The reality is most have no idea about spouse visas and spouses have awful problems. As I understand it the LTSVP is still valid and they can get another job with no problem now - no endorsement needed that was the old rule. However most employers have no idea about these rules.

The obvious thing is go to immigration!

Hi, I got married in march... And my hubby working in Malaysia, his company applied dependent pass for me... Now I got a job in Malaysia...  My company is asking to cancel my dp and submit my passport for Employment pass... Can I get my employment pass without cancelling dp.... Bcoz it's just 5 days I got my dp and hubby company will process cancellation this soon cancellation will be a problem

Pls some one suggest me,  how can I handle this

You can work on a DP - perhaps the company wanting to employ you does not know about that?  Its the same process with submitting Job Offer letter and requesting the DP to be endorsed with a stamp saying "Right to Work". It does not cost any fees - look up process on www.imi.gov.my  It seems pointless relinquishing your DP as what happens if it does not to well with the new job? So as long as the salary is RM5k per month I think you should make your prospective employer aware of the RTW route that is possible at no cost.

HI There,

I am new to Kuala Lumpur and my DP is under process.

However, I have got a job last week.

Now, should I get wait for my DP, then cancel it?
Should I apply for EP?
Or should I get my DP approved with "Right to work"?

Please suggest.

Thanks,
Charu

Does the employer have a preference?  I would suggest keeping the DP and getting it endorsed in case you end up leaving the job and then you have no immigration status at all. Perhaps get the work endorsement done at the same time as the application. You would need to submit your Offer Letter to immigration to get that done.

Here is the process

3.    Working conditions for Dependant Pass holder

The Husband/Wife of the Expatriate Officer holding the Dependant Pass is permitted to work without having to change his/her Dependant Pass to the Employment Pass on condition that he/she acquires working approval from the Immigration Department

Terms and conditions

1.    Job Offer from any company/Government Agency

2.    Prior approval from approving agencies such as: MIDA, MDEC, Bank Negara, Securities Commission, Public Services Department.

3.    For those without approval from any agency, application is  subjected to conditions laid down by the Expatriate Committee.

Procedures - Work Permit by Endorsement

1.    Applications can be submitted to the Employment Pass Division of the Immigration Headquarter Putrajaya or the nearest Immigration Office in any state.

2.    Applications for Work Permit by Endorsement can be submitted on approval of the Dependant Pass or after its issuance.

3.    Supporting documents for application:
i. Cover letter and Letter of Authority from the company.
ii. DP11 Form
iii. Job offer or Employment Contract
iv. A photocopy of the complete passport.

Fees Charged
Free
http://www.imi.gov.my/index.php/en/main … dependants

I am not sure. My company has no clue about it.

If I get the DP in this week, what should be next course of action and also, how much time does it take for the whole process?

They want to mention the start date accordingly on my offer letter.

Thanks,
Charu

Try and intercept the DP issuance by getting together the documents required. They need to be delivered to Immigration. Your husband's company can phone up about it. Show them the link above to the immigration website.

3.    Supporting documents for application:
i. Cover letter and Letter of Authority from the company.(THIS IS WHAT THE COMPANY MUST DO)
ii. DP11 Form
iii. Job offer or Employment Contract (FROM THE EMPLOYER)
iv. A photocopy of the complete passport.

Here is a link to the DP11 form
http://www.imi.gov.my/images/borang/Peg … Dagang.pdf

Thanks Gravitas,

Seems like a lot of information.

One more thing, the cost of DP is being borne by us and my husband's compnay has nothing to do with it, except for the fact that their agent is getting it done along with my Husband's EP.

Should I wait till the DP comes and then get in touch agent of the company that has offered me the employment?

Any idea about the duration of whole process?

Thanks,
Charu

Contact the agent to find out how far it has progressed. If its coming back this week and the agent has been advised its done then worth waiting. If its still in the long queues, then get the agent to submit the remaining papers (copy of passport is probably already with immigration) so its all done at once and you don't join the queue again. Can you PM me the name and contact details for your agent please, someone else is asking for similar assistance. (Just click on the word Gravitas on the left).  Thanks

Hi Gravitas,

I apologize for delayed response.

I had limited access to net in last week.

I dont have any agent for me, SantaFe has got it done for my husband and permit through Accenture.

I am yet to apply for my EP as I am waiting for final offer letter.

Can you also please help me to know about 90days rule for Taxation?

I might join on 1 Oct 2015, is it advisable?

Thanks,
Charu

Doreslee:
How u manage to cancel ur working permit?

Jassiebutterfly wrote:

Doreslee:
How u manage to cancel ur working permit?

Hello

Kindly note that Doreslee post is dated 2013! She may not replied back.

Regards
Kenjee
Expat.com

Kenjee:
I know but just a thought she might reply me.
I really need answer so bad.anyway,i posted it on new topic.

Dear all,

I am holding  a spouse visa and I just graduated with a PhD in a Malaysian university.  I am a fresh graduate.  I was offered a lecturer job in a private university with starting salary ~RM5k.  I am 25 years old.  Will the immigration in Malaysia approve my working permit?  As far as I am concern for a foreigner expat in Malayisa, he/she needs to be at least 27 years old and have 3 years working experience

Thanks

deepikam wrote:

Hi, I got married in march... And my hubby working in Malaysia, his company applied dependent pass for me... Now I got a job in Malaysia...  My company is asking to cancel my dp and submit my passport for Employment pass... Can I get my employment pass without cancelling dp.... Bcoz it's just 5 days I got my dp and hubby company will process cancellation this soon cancellation will be a problem

Pls some one suggest me,  how can I handle this

Looks like you have already gone over the process. Can you share your experience? I am in same situation now. My wife got offer and she is on dependant pass.