Immigration Law at Malaysia
Sure! Here's an overview of immigration law in Malaysia, covering various visa types, permits, and general immigration regulations for foreign nationals:
Immigration Law in Malaysia: Overview
Malaysia's immigration system is governed by the Immigration Act 1959/63 and various regulations, with oversight by the Immigration Department of Malaysia. The laws control the entry, stay, employment, and departure of foreign nationals, as well as their rights and responsibilities during their time in the country.
š Key Immigration Laws & Regulations
Immigration Act 1959/63 ā The primary law governing immigration in Malaysia, detailing the entry, exit, and stay of foreigners.
Passport Act 1966 ā Provides the framework for the issuance of Malaysian passports and other related travel documents.
Employment Act 1955 ā Provides guidelines regarding the employment of foreign workers, including necessary work permits.
Malaysia's Immigration Rules ā Issued by the Immigration Department, these rules regulate visa applications, entry requirements, and other immigration matters.
š Types of Visas & Permits
Tourist Visa (Social Visit Visa)
For tourists, short visits, or family visits, usually valid for up to 30 days.
Can be extended for a short period depending on the circumstances.
Citizens of several countries (e.g., EU nations, U.S., Canada, etc.) can enter Malaysia without a visa for short stays of up to 90 days.
Business Visa (Social Visit Visa for Business)
Issued for business purposes, such as attending meetings, conferences, or negotiations.
Typically granted for short stays of up to 30 or 60 days, and it can be extended in some cases.
Work Visa / Work Permit (Employment Pass)
Foreign nationals wishing to work in Malaysia must obtain a Work Visa.
Requires a job offer from a Malaysian employer.
Common types of work permits:
Employment Pass (EP): For professionals, skilled workers, and those with university degrees. EP is typically valid for 1ā2 years.
Temporary Employment Pass (TEP): For unskilled or semi-skilled labor. Valid for shorter durations.
Foreign Worker Permit: For workers in sectors such as construction, plantation, and manufacturing.
Student Visa
For individuals wishing to study in Malaysia at recognized institutions.
Typically valid for the duration of the academic program.
Requires proof of acceptance from a Malaysian university or educational institution.
Resident Pass ā Talent (RP-T)
A long-term pass designed for highly skilled professionals who want to live and work in Malaysia for up to 10 years.
Applicants need to meet certain salary thresholds and qualifications.
Dependent Visa
Issued to family members (spouse, children, etc.) of foreign nationals holding work visas or long-term residence permits.
Dependents may not be allowed to work, but they can stay in Malaysia for the same duration as the primary visa holder.
Permanent Resident (PR) Status
Malaysia grants Permanent Residency under specific conditions, such as long-term residence and high-skilled work contributions.
Eligible applicants may include those who have lived in Malaysia for at least 5 years or those with exceptional skills or investment contributions.
š·āāļø Work Permits
Foreign nationals need work permits to be employed legally in Malaysia. These are typically sponsored by the employer, who applies on behalf of the foreign worker.
Employment Pass (EP) is for skilled professionals, and the process often involves verification of the foreign workerās qualifications, salary, and the jobās skill requirements.
Foreign Worker Permits are for non-skilled or semi-skilled workers in industries such as construction, manufacturing, and agriculture.
Malaysian Labor Law ensures that foreign workers' rights are protected, but employers must meet certain criteria for employing foreign nationals, including proving that a local worker cannot fill the role.
š§āš¤āš§ Family Reunification
Foreign nationals working or living in Malaysia can apply for a Dependent Visa to bring their spouse and children to live with them.
Family members of those with an Employment Pass or Resident Pass may apply for a dependent visa, but it is typically tied to the validity of the primary visa holderās status.
š Undocumented Immigrants
Undocumented immigrants (those who overstay their visas or enter Malaysia illegally) face heavy penalties, including detention, fines, and deportation.
Malaysia has strict enforcement against illegal immigration, and foreign nationals caught without proper documentation may be banned from entering Malaysia for a certain period.
šļø Asylum & Refugees
Malaysia is not a signatory to the 1951 Refugee Convention, but it allows asylum seekers to register with the United Nations High Commissioner for Refugees (UNHCR).
Asylum seekers are generally not granted legal status in Malaysia and face challenges with employment, healthcare, and other basic rights.
Refugees and asylum seekers are encouraged to apply for refugee status through the UNHCR, but they do not receive the same legal protections or social benefits as citizens or legal residents.
š²š¾ Path to Citizenship
By Birth: A person born in Malaysia to at least one Malaysian parent may acquire citizenship.
By Marriage: Foreign nationals married to Malaysian citizens may apply for citizenship after 2 years of marriage.
By Naturalization: Foreign nationals can apply for Malaysian citizenship if they have been residents for at least 10 years and meet other criteria, such as proficiency in the Malay language and economic stability.
āļø Visa Extensions & Overstays
Foreign nationals who wish to extend their stay in Malaysia can apply for a visa extension, though extensions are generally not granted for tourist visas beyond 30 days.
Overstaying a visa can lead to fines, detention, deportation, and possible blacklisting from entering Malaysia for a certain period.
š Visa Exemption & Regional Agreements
ASEAN Nationals (e.g., Thailand, Indonesia, Singapore) can enter Malaysia without a visa for stays up to 30 days.
Nationals from some other countries (e.g., the U.S., Canada, EU member states) can enter Malaysia visa-free for 90 days for tourism or business purposes.
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