M

BAM Section

HUMAN RESOURCES

Understanding Immigration Procedures

And Conditions In Application For Entry
Permit Of Foreign Workers In The
Construction Sector
By En Nik Ahmad Zahazli Nik Yah, Department of Immigration Malaysia
Editors Note: The paper was presented by at the CIDB/CLAB Seminar on Application of Foreign Workers for the Construction Sector
held on June 7, 2005

Foreign Workers Division

Chart 1: Statistics for Employment of Foreign Workers by Sector

400,000
350,000
300,000

Total

Foreign worker (FW) is defined as

Non Malaysian Citizen or
Permanent Resident (PR) but is
allowed for employment and temporary
stay on Temporary Visitor Pass or Pas
Lawatan (Kerja Sementara) i.e. PL(KS).

250,000
200,000
150,000

The Foreign Workers Division, Jabatan

Imegresen Malaysia (JIM) is responsible
for the following tasks:

100,000
50,000
0

Implementation procedure including

issuance of PL(KS) to foreign workers
according to sectors in manufacturing,
construction, plantation, services and
maid; Calling Visa (CV); Check Out
Memo; Investigation and Reference;
and Foreign Workers Identity Card
Acting as Secretariat for foreign
workers replacement
Responsible for handling claims for
refund of partial levy payment and
deposit
Forfeiting security bond/bank
guarantee/insurance guarantee/
personal bond for runaway foreign
workers
Responsible for inspection to ensure
compliance related to terms of
employment for foreign workers

Construction

Manufacturing

265,925

355,423

Total

Services
81,913

Plantation

Maid

147,510

237,699

Sector

Note: From 1 January 2004 till 31 December 2004

Chart 2: Statistics for Employment of Foreign Workers by Source Country

718,688

94,204

109,030
70,137

48,104
10,131

7,151
Indonesia
Total

63,035
2,898

3,466

Bangladesh

Nepal

Philippine

Myanmar

Thailand

Vietnam

Cambodia

India

Others

94,204

109,030

7,151

48,104

10,131

70,137

2,898

63,035

3,466

718,688

Statistics for Employment of Foreign

Workers by Sector

Note: From 1 January 2004 till 31 December 2004

Statistics for employment of foreign

workers by sector as at December 31, 2004
is as shown in Chart 1 whereas statistics
for foreign workers by source country is
shown in Chart 2.

Application Procedure for Employment

of Foreign Workers
New applications for employment of
foreign workers must be submitted

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directly to the Ministry of Home Affairs,

Malaysia (KHEDN) using different
application forms for different sectors.
Application must be submitted by the
company
director/employer
as

BAM Section

application submitted through agents is

disallowed.

Application for replacement foreign

workers must be submitted to Foreign
Workers Division, JIM Headquarter using
Form IMM.BPA.229/857. Such application
can only be made due to foreign workers
being sent back or passed away.
Additional documents required include:

Letter of application from employer

Form IMM.BPA.229/857
Copy of Check-out Memo/Death
Certificate

Flow Chart for Entry of Foreign Workers

(FW)
The flow chart for entry of foreign workers
is as shown with details as follow:

1. Employers to submit application for

employment of FW to KHEDN/JIM

Application for Entry Visa (EV)

Entry Visa (EV) is defined as Visa being
issued by a Malaysian Representative in
a foreign country to foreign workers in
which Calling Visa (CV) has been applied
for earlier by the employer from
Immigration Department and with
approval by the same department.
Documents required for EV application
include:

Reject

2. KHEDN/JIM to issue approval letter for

employment of FW

Approve

3. Employers to secure and select FW from

approved source countries
4. FW are required to undergo medical
examination at clinics in source country
accredited by Ministry of Health, Malaysia

Letter of application by the

employer
Approval letter on work permit
application from KHEDN/JIM
Form IM.12 with photos
Copy of foreign workers passport
Medical report from hospital/clinic
from source country accredited with
Ministry of Health, Malaysia
Payment in the form of bank draft/
postal order
Security bond/bank guarantee (b/g)/
insurance guarantee (i/g) (b/g & i/g
must be valid for 18 months)
Computer
form
(employers
information)
EV application form (indicating EV
issuing office and point of entry
applied for)
EV application acknowledge form

Reject
5. Employers to submit Entry Visa (VDR)
application at JIM

Approve

6. Malaysian Representative
Office/Immigration Attach in source
country to issue Entry Visa to FW
7. FW arrive in Malaysia through authorized
entry point
8. Immigration Officers at authorized entry
point to endorse FW passport to be referred
to JIM offices
9. JIM offices concern to issue Temporary
Visitor Pass PL (KS) sticker

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In the case for replacement EV application

for foreign workers unable to gain entry
for employment, Visa cancellation letter
from a Malaysian representative office
must be submitted together with receipt
for payment and new application
document (excluding payment).
In the case for pre-paid replacement EV
application (payment submitted but
biodata of foreign workers rejected due
to reasons such as biodata exist in another
company, non-compliance with PL(KS) or
subject to cooling-off period), such
application must be submitted together
with receipt for payment and new
application document (excluding
payment).
Payment Required for New Application
and Extension
Payment required for new application and
extension is shown in the following
tables:

BAM Section

Payment

Levy (1 Year)

PL(KS)

Processing

Manufacturing, Services and

Construction Sector

RM1,200

RM60

RM50

Plantation Sector
and Maid

RM360

Bond

Immigration Act 1959/63 (Act 155)

Indonesia
Bangladesh
Myanmar
India

RM15
RM20
RM19.50
RM50 (SEV)
RM100 (MEV)
RM13
RM36
RM20
RM20
Gratis
RM20

RM250
RM500
RM750
RM750

Section 6(3) Non possession of valid Entry

Permit

RM1,500
RM1,000
RM250
RM750
RM250
RM750

RM20

RM1,500

Documentation requires related to

application for PL(KS) extension is as
follows:

Visa

Application for PL(KS) Extension

RM10

Nationality

Vietnam
Philippines
Cambodia
Nepal
Thailand
Pakistan
Turkmenistan, Uzbekistan &
Kazakhstan

RM60

Falsifying documents related to

foreign workers
Foreign workers not claimed by
employer at point of entry
Foreign workers identification card
Involvement of foreign workers in
criminal case
Involvement of foreign workers in
social problems

Letter of application from employer

Payment in the form of bank draft/
postal order
Receipt for security bond/bank
guarantee/insurance guarantee valid
for 18 months
Original passport of foreign worker
(validity duration for more than 12
months)
Employer must ensure that medical
examination be made through
FOMEMA prior to date of application
for PL(KS) extension
Letter of application for extension in
the fourth and fifth year respectively
Skills Accreditation Certificate for
foreign workers from MLVK or CIDB for
extension beyond five years

renewable of PL(KS) due to specific

reasons.
Documentation requires related to
application for Check Out Memo is as
follows:

Issues Related to Foreign Workers

Issues related to foreign workers
identified include:

Application For Check Out Memo

Check Out Memo is an application for

departure of foreign workers back to their
source country arising from non-

Letter of application from the

employer
Original passport of foreign worker
Return ticket to source country
Application form for Check Out Memo

Entry of repatriated foreign workers

under the Amnesty Programme in
August 2002
Induction course for foreign workers
Run-away foreign workers
Cases of lost passport
Employing/sheltering foreign workers
contravening PL(KS) conditions
Temporary transfer of foreign workers
to new location (for construction
sector)
Changing the name and address of
employer

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Any person who contravenes subsection

(1) shall be guilty of an offence and shall,
on conviction, be liable to a fine not
exceeding RM10,000 or to imprisonment
for a term not exceeding five years or to
both, and shall also be liable to whipping
of not more than six strokes.
Amended Section 15(4) Unlawful entry or
presence in Malaysia
A person shall not remain in Malaysia after
the expiration of the period of any Pass
relating to or issued to him.
Any person who without reasonable
cause contravenes this section shall be
guilty of an offence and shall, on
conviction, be liable to a fine of not less
than RM10,000 or to imprisonment for a
term not exceeding five years or to both.
Section 55B(1) Employing a person who is
not in possession of a valid Pass
Any person who employs one or more
persons, other than a citizen or holder of
an Entry Permit,, who is not in possession
of a valid Pass shall be guilty of an offence
and shall, on conviction, be liable to a fine
of not less than RM10,000 but not more
than RM50,000 or to imprisonment for a
term not exceeding 12 months or to both
for each such employee.
Section 55B(3) Employing a person who is
not in possession of a valid Pass
Where, in the case of an offence under
subsection (1), it is proved to the
satisfaction of the court that the person
has at the same time employed more than
five such employees that person shall, on

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where it is proved to the satisfaction of the

court that the person has at the same time
harboured more than five such persons
that person shall be liable to
imprisonment for a term of not less than
six months but not more than five years
and shall also be liable to whipping of not
more than six strokes.
Section 56(1)(l) & Section 56(1)(l)(aa)
Any person who uses or without lawful
authority has in his possession any forged,
unlawfully altered or irregular Entry
Permit, Pass or other documents issued
under this Act so issued on which any
endorsement has been forged or
unlawfully altered, shall be guilty of an
offence and shall, on conviction, except for
an offence under paragraph (d), be liable
to a fine not exceeding RM10,000 or to
imprisonment for a term not exceeding
five years.
conviction be liable to imprisonment for
a term of not less than six months but not
more than five years and shall also be
liable to whipping of not more than five
years and shall also be liable to whipping
of not more than six strokes.
Section 55B(5) Employing a person who is
not in possession of a valid Pass
Where the offence under subsection (1)
has been committed by a body corporate,
any person who at the time of the
commission of the offence was a member
of the board of directors, a manager, a
secretary or a person holding an office or
a position similar to that of a manager or
secretary of the body corporate shall be
guilty of that offence and shall be liable
to the same punishment to which the
body corporate is liable under subsection
(1) or (3).
Section 55D Forgery or alteration of
endorsement or document
Any person who makes, forges or alters an
endorsement or a document to be used
as a Visa, Permit, Pass or Certificate under
this Act shall be guilty of an offence
against this Act and shall, on conviction,
be liable to a fine of not less than
RM30,000 but not more than RM100,000
and to imprisonment for a term of not less
than five years but not more than 10 years

and shall also be punished with whipping

of not more than six strokes.

Immigration Regulations 1963- Regulation

39(b)

Section 56(1)(d) & Section 56(1) Offences

A person who harbours any person whom
he knows or has reasonable grounds for
believing to have acted in contravention
of this Act
Section 56(bb) in the case under
paragraph (d), be liable to a fine of not less
than RM10,000 and not more than
RM50,000 for each person harboured and

Any person who without reasonable

cause: contravenes or fails to comply with
any condition imposed in respect of, or
instruction endorsed on, any Pass, Permit,
or Boundary Pass, shall be guilty of an
offence against these Regulations and
shall be liable on conviction to a term of
imprisonment not exceeding six months
or to a fine not exceeding RM1,000 or to
both such imprisonment and fine. MBJ

Latest Updates on Levies and Rules for Foreign Workers

The Cabinet Committee on Foreign Workers chaired by YAB Deputy Prime Minister
at its meeting held on July 5, 2005 announced new levies and rules for foreign
workers that will take effect on August 1, 2005. The announcement stated that
immediate approval for work permits will be given to employers who furnish the
Ministry of Home Affairs (KHEDN) with all relevant documents, including a name
list of foreign workers and fill payment for levies and visas.
Foreign workers levy rates is as shown in the following table:
Sector

Ole Rates (RM)

Peninsular Sabah/Sarawak
Manufacturing
1,200
960
Construction
1,200
960
Plantation
360
360
Agriculture
360
360
Services
1,200
960

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New rates (RM)

Peninsular Sabah/Sarawak
1,200
960
1,200
960
540
540
360
360
1,800
1,440