A Dependant Pass is a relocation visa issued to selected family member of Employment Pass holders and is combined with a Multiple-Entry Visa. Employment Pass holders are eligible to apply for a Dependent Pass for their legal spouse, biological children and stepchildren (up to 18 years old), legally adopted children and also disabled children regardless of age. The relationship with the expatriate must be proven by a birth or marriage or adoption certificate and the copies must be certified by the Embassy of the applicant.
The Dependent Pass allows the holder to stay in West Malaysia. Employment under a Dependant Pass is not allowed and requires a conversion to an Employment Pass. For social and welfare purposes, the holder may request for special permission to undertake activities from the Immigration Department of Malaysia. A spouse will not be able to work in Malaysia.
The duration of a pass is based on the principal applicant. If the passport validity of applicant is less than the principal applicant, the duration will be based on applicant’s passport validity. When the work pass of the Employment Pass holder is due for renewal, the employee will send the Dependant’s Pass renewal documents to his/her employer, where the Dependant Pass can be renewed simultaneously.
|What is a Dependent Pass?||A DP is a Residence Permit which allows you to stay in Malaysia for up to 24 months. It helps family members of someone working in Malaysia under an Employment Pass to come to Malaysia.|
|Who can obtain a Dependent Pass?||1. Expatriate's legally married wife or husband;|
2. Child of expatriate under the age of 18 years;
3. Legally adopted child;
4. Disabled child.
|Can a holder of a Dependent Pass work in Malaysia?||No. You need an Employment Pass or a similar work permit. The DP is only a residence permit.|
|Who has to verify the validity of the translation of the marriage certificate?||The respective foreign embassy has to certify/verify the translation of the marriage certificate.|
|Can I submit an older translation of the marriage certificate?||Yes. But the copy of the translation itself has to be certified by any (German) embassy.|
|For how long is a Dependent Pass valid? Is there a maximum duration?|
|My wife/husband holds a Dependent Pass. I know that any kind of work is prohibited. How strict is this rule?|
|Should my employment contract be stamped by the tax authorities?|
|What information should be listed in the employment contract?|
|Why do I need to renew my employment contract for the renewal of the Dependent Pass?|
Residence Pass - Talent
A Residence Pass-Talent (short RP-T) is a work and residence permit with a Multiple-Entry Visa which is employer-independent for highly qualified expatriates to continue residing and working in Malaysia for up to ten (10) years.
The RP-T allows the holder to work, study and set up business without having to convert to another Pass, subject to the conditions of the relevant authorities. Furthermore, it allows to change employers without cancelling the RP-T and applying for another work permit.
RP-Ts allow legal spouses and dependants under eighteen (18) years old to apply for RP-T Dependant Passes. Furthermore, legal spouses are eligible for a full RP-T, and as such, can seek employment in Malaysia without the need to apply for an Employment Pass. Dependants who are eighteen (18) years old or older have to apply for a Long-Term Social Visit Pass.
Foreign skilled talents looking to apply for the RP-T, must fulfil the following criteria:
- Worked for a minimum of three (3) years in Malaysia;
- Valid Employment Pass with more than three (3) month validity;
- Monthly salary of RM 15,000 which excludes any allowance and/ or bonuses;
- Possesses a Malaysian income tax file number and has paid income tax for at least two (2) years;
- PhD/Master’s/Bachelor’s Degree or Diploma in any discipline from recognised university or a professional/competency from a recognised professional institute;
- Possesses at least five (5) years of work experience.
RPT is a ten (10) year pass, provided the holder continues to meet the above requirements. It is renewable every five (5) years.
Permanent Residence (Entry Permit)
Permanent resident is the legal status of a person in a country of which they are not citizens but are allowed to work and stay without limitations. The holders of a Permanent Residence (endorsed as Entry Permit) are allowed to stay in Malaysia indefinitely, seek employment freely, own a business and acquire properties. Permanent Residence eligibility is divided into the following categories:
- High net worth individual;
- Spouse of a Malaysian citizen;
- Applicants who meet the point system.
Requirements (category: high net worth individuals)
Those applying as high net worth individuals need to open a fixed deposit account with a minimum amount of USD 2 million at any Malaysian Bank, although it can only be withdrawn after a period of five (5) years. Applicant’s spouse and children under eight-teen (18) years old will also be eligible for a Permanent Residence after five (5) years of stay in Malaysia.
Requirements (category: expert and professional)
Those who apply under the category of experts for a Permanent Residence, need to possess talent or skills in certain industries. These industries include among many others health and medical, sports, science, technology, banking and finance. Furthermore, applicants need a recommendation by the relevant corresponding local agency in their field of expertise in Malaysia and are instructed to submit a certificate of good conduct from their country of origin in order to apply for Permanent Residence.
Professionals applying for Permanent residence need to be recommended by the relevant local agency in Malaysia and need to produce a certificate of good conduct from their country of origin. The category of professionals compelled to have a minimum of three (3) years working experience at either a government agency or a private company.
Requirements (category: spouse of Malaysian citizen)
Applicants married to a Malaysian citizen must have a minimum duration of five (5) years living in Malaysia before proceeding further. They can apply for Permanent Residence after five (5) years under a Long-Term Visit Pass. The applicant also needs to have been issued a Long-Term Visit Pass and lived in Malaysia for five (5) consecutive years under a Long-Term Visit Pass while having at least one (1) Malaysian sponsor.
Residence Pass and Spouse Visa
Spouses of Malaysian citizens are issued a Long-Term Social Visit Pass, which may be accompanied by a work permit, while biological children of Malaysian citizens under the age of 18 are usually issued a Residence Pass.
A Residence Pass is a pass issued to theoretically any foreign national who falls under any category specified under Regulation 16A, Immigration Regulations 1963.
A distinction must be made between three categories for the Residence Pass:
|Category 3: A person with family ties with a Malaysian citizen||Category 4: A person with family ties with a Permanent Resident of Malaysia||Category 5: Former Malaysian|
|Husband/wife of a citizen||Biological child to a Permanent Resident aged eighteen (18) and below||A Malaysian citizen who has voluntarily renounced their citizenship|
|Biological child/ step-child/adopted child to a citizen aged eighteen (18) and below||Husband or wife to a Permanent Resident||A Malaysian citizen who has been deprived of citizenship|
|Divorcee/widow/widower to a citizen with a biological child who is a Malaysian citizen|
|Biological mother or father to a Malaysian citizen|
|Mother or father-in-law to a Malaysian citizen who is holding a valid Pass in Malaysia|
|Divorcee/widow/widower of a Malaysian citizen who has been granted a full or joint custody of the biological child by a court|
Depending on the categories, the conditions to apply for a Residence Pass change. The applicant must possess a valid travel document or passport with a validity of at least six (6) month and have been staying in Malaysia on a valid Long-Term Pass. Documents which were issued by a foreign country must be certified by the corresponding foreign mission in Malaysia.
Resident Pass applicants under Category 3 must have lived in Malaysia with a valid Long-Term Pass for at least three (3) years.
Applicants under Category 4 must have lived in Malaysia for at least five (5) years on a valid Long-Term Pass.
The application must be sponsored by a Malaysian aged twenty-one (21) and above.
Long-term social visit pass
Foreigners married to Malaysian citizens can apply for a Long-Term Social Visit Pass also known as spouse visa. The Long-Term Social Visit Pass is issued to the spouse (husband/wife) of the Malaysian citizen and grants them a multiple-entry visa for a period of up to five (5) years. They are also allowed to engage in any form of paid employment or in any business or professional occupation without converting the Social Visit Pass to an Employment Professional Visit Pass (temporary employment).
The only exception is an initial granted application for a period of six (6) month where the applicant is not allowed to work. The Immigration Department does not allow the work endorsement on any visa shorter than one (1) year.
The Spouse Visa is renewable for a period of five (5) years. Spouses of Malaysian citizens can apply for a Permanent Residence after five (5) years of successful marriage.
Malaysia My Second Home (MM2H)
Malaysia My Second Home (MM2H) is a programme initiated by the government of Malaysia and introduced by the Ministry of Tourism and Culture (MoTAC) to allow foreigners, who fulfil certain criteria, to stay in Malaysia for as long as possible on a Multiple-Entry Social Visit Pass. The Social Visit Pass is initially for a period of five (5) years, and is renewable. It is open to citizens of all countries recognized by Malaysia regardless of race, religion, gender or age.
Applicants are allowed to bring their spouses and unmarried children below the age of twenty-one (21) as dependants. The MM2H Visit Pass is renewable upon fulfilment of the renewable requirements when it expires.
Effective October 2021, Home Ministry has re-evaluated the MM2H programme and this process will be overseen by the Immigration Department.
The MM2H Visit Pass is not a Permanent Residence Permit. It is simply a Social Visit Pass which allows multiple entries and exits under the MM2H programme.
Participants are required to have an offshore income of at least RM40,000 a month. Liquid assets of RM1.5M and a fixed deposit account with a minimum of RM1M, where 50% maximum withdrawal from a principal amount is allowed for the purpose of buying property, health and children’s education.
The age for those eligible to apply has now been placed under two categories, namely for those between the age of 35 and 49, and the other category is for those 50 years and above.
Participants must be in the country for at least 90 cumulative days in a year to ensure they truly contribute to the Malaysian economy.