Immigration Laws in Asia

Immigration laws in Asia
ENTRY INTO MALAYSIA

It is essential that investors/businessmen in Malaysia know the immigration laws and practices especially in areas of employment/professional and other visit passes.

Foreigners entering Malaysia must possess valid passports. The passports must be valid for at least 6 months beyond the date of entry into Malaysia.

Citizens from countries which are not recognized by Malaysia must apply for an entry document from the Malaysian Commission abroad, in lieu of a passport and visa.

All applications, other than applications for entry for the purpose of tourism, social or business visits, must be made prior to arrival in the country. Such applications must have relevant sponsorship in Malaysia. The sponsor(s) must undertake the responsibilities of maintenance and repatriation of the applicants, from Malaysia, if it should become necessary.

CATEGORIES OF PASSES ISSUED
Social/tourist visit pass does not permit the holder to take up employment, business or professional work in Malaysia.

there passes are:
  • Visit Pass (Temporary Employment) – this is issued to foreigners who enter Malaysia to take up a temporary employment.
  • Employment Pass – this is issued to those sponsored by employers under a contract of employment for a period of not more than two years.
  • Visit Pass (Professional) – this is issued for each visit only (e.g. to those artistes performing in any show).
  • Dependent’s Pass (Social Visit Pass only) – this is issued to the wife and children of any Employment Pass holder.
  • Student’s Pass – this pass is issued to any foreign student who enters Malaysia for the purpose of taking up studies in an approved educational establishment in Malaysia.
ENTRY INTO SINGAPORE

Singapore Employment Pass & Work Pass application or renewal in Singapore for your foreign staff can be a time-consuming process and challenging if you are not familiar with the various rules and application process set by the Ministry of Manpower.

Let our team assist you through this cumbersome process including providing advice on the quickest way to obtain the most appropriate type of approvals for your foreign employees. Given our extensive experience in handling many such cases successfully, you will be well guided on the latest changes in rules and criteria for approval, quota, levies etc.

The various types of singapore employment pass & work pass categories available for foreigners to apply include the following:
Employment Pass

Singapore Employment Pass is issued to professionals, managerial personnel (managing directors, general managers, CEOs), executives or specialists who wish to work in Singapore. An employer or appointed employment agent needs to apply on behalf of the candidate. The candidate must earn at least S$3,600 to qualify (more experienced candidates need higher salaries).

Work Permit

The Work Permit (WP) is issued to lower skilled workers who want to work in Singapore’s in-demand sectors and are from approved source countries. Employers need to provide a Banker’s Guarantee against disappearance for workers from non-traditional source countries such as India, China and Bangladesh while workers from traditional source countries such as Malaysia, Taiwan, South Korea and Macau are exempted from such requirement. The worker is only allowed to work for a direct employer and in the specified occupation. There is no minimum qualifying salary for this category of work pass.

S Pass

This category of pass is suitable for semi-skilled or junior to mid level skilled professional foreigners who would not qualify for Employment Pass. There is a minimum qualifying salary for this category which is SGD2,200 at the moment for entry level candidates. The qualifying salaries for more experienced candidates would be higher depending on the experience and qualification. A quota is also imposed for each company as to how many S Pass holders they can employ.

Dependent Pass

Dependent Pass(DP) is typically offered to children or spouses of employment pass or S Pass holders (if they qualify). Holders of this pass are allowed to work in Singapore subject to obtaining a letter of consent from the Ministry of Manpower.

Employment Pass

Employment Pass application is not subjected to any quota but assess on the merits of each case. However, for the work pass categories of work permit and S Pass, each company is subjected to a quota depending their industry category. Further, there is also nationality control on work permit holders for the various industry categories. For example, for companies in the service industry, they are generally allowed to hire one foreigner (Malaysian) on work permit or up to 40% of their total workforce. In order to hire a S Pass holder, they would need to have a workforce of 6 and total work permit and S Pass holders must not be more than 40% as well.