MBAM3(Immigration)60-63(1)

7/23/2019 MBAM3(Immigration)60-63(1)

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Understanding Immigration ProceduresAnd Conditions In Application For EntryPermit Of Foreign Workers In TheConstruction SectorBy 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

AForeign worker (FW) is defined asNon 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).

Foreign Workers Division

The Foreign Workers Division, Jabatan

Imegresen Malaysia (JIM) is responsible

for the following tasks:

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/bankguarantee/insurance guarantee/

personal bond for runaway foreign

workers

Responsible for inspection to ensure

compliance related to terms of

employment for foreign workers

Statistics for Employment of Foreign

Workers by Sector

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.

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

Total

Sector

Construction Manufacturing Services Plantation Maid

265,925Total 355,423 81,913 147,510 237 ,699

718,688

94,204 109,030

7,151

48,104

10,131

70,137

2,898

63,035

3,466

Indonesia

Total

Bangladesh Nepal Philippine Myanmar Thailand V ietnam Cam bodi a India Others

718,688 94,204 109 ,030 7,151 48,104 10,131 70,137 2,898 63,035 3,466

Note:From 1 January 2004 till 31 December 2004

Note:From 1 January 2004 till 31 December 2004

Application Procedure for Employment

of Foreign Workers

New applications for employment of

foreign workers must be submitted

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

Chart 1: Statistics for Employment of Foreign Workers by Sector

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

HUMAN RESOURCES


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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:

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:

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

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 butbiodata 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:

2. KHEDN/JIM to issue approval letter for

employment of FW

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

5. Employers to submit Entry Visa (VDR)

application at JIM

6. Malaysian Representative Office/Immigration Attachin 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

1. Employers to submit application for

employment of FW to KHEDN/JIM

Approve

Reject

Reject

Approve


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Application for PL(KS) Extension

Documentation requires related to

application for PL(KS) extension is as

follows:

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 medicalexamination 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

Application For Check Out Memo

Check Out Memo is an application for

departure of foreign workers back to their

source country arising from non-

renewable of PL(KS) due to specific

reasons.

Documentation requires related to

application for Check Out Memo is as

follows:

Letter of application from the

employer

Original passport of foreign worker

Return ticket to source country

Application form for Check Out Memo

Issues Related to Foreign Workers

Issues related to foreign workersidentified include:

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 constructionsector)

Changing the name and address of

employer

Payment Levy (1 Year) PL(KS) Processing

Manufacturing, Services and

Construction Sector RM1,200 RM60 RM50

Plantation Sector

and Maid RM360 RM60 RM10

Nationality Visa Bond

Indonesia RM15 RM250

Bangladesh RM20 RM500

Myanmar RM19.50 RM750

India RM50 (SEV) RM750

RM100 (MEV)

Vietnam RM13 RM1,500Philippines RM36 RM1,000

Cambodia RM20 RM250

Nepal RM20 RM750

Thailand Gratis RM250

Pakistan RM20 RM750

Turkmenistan, Uzbekistan &

Kazakhstan RM20 RM1,500

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

Immigration Act 1959/63 (Act 155)

Section 6(3) Non possession of valid Entry

Permit

Any person who contravenes subsection

(1) shall be guilty of an offence and shall,

on conviction, be liable to a fine notexceeding 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 possessionof 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.



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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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




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 thebody 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


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

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 anoffence 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.

Immigration Regulations 1963- Regulation

39(b)

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

Sector Ole Rates (RM) New rates (RM)

Peninsular Sabah/Sarawak Peninsular Sabah/Sarawak

Manufacturing 1,200 960 1,200 960

Construction 1,200 960 1,200 960

Plantation 360 360 540 540Agriculture 360 360 360 360

Services 1,200 960 1,800 1,440

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 foreignworkers 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:

Latest Updates on Levies and Rules for Foreign Workers

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