10 June 2020
Introduction
Expatriates/skilled workers/knowledge workers (collectively referred to as “foreign employees”) who have valid work passes or permits and are currently abroad during the present Recovery Movement Control Order (“RMCO”) could potentially return to Malaysia subject to securing the requisite “Entry Approval Letter” issued by the Director-General of the Immigration Department of Malaysia.
The Immigration Department has today released preliminary guidelines governing the entry of such foreign employees since the Movement Control Order (“MCO”) was first announced by the Malaysian Government on 18 March 2020. The link is provided at the end of this article.
Requirements for Re-entry During RMCO
• The foreign employee must be assuming “key posts” and “technical posts”.
(Note: Whilst there is no definition of “key posts” and “technical posts” released by the Malaysian Government, key posts are deemed to be those holding high level managerial posts and are responsible in determining the company’s policies in achieving its goal and objectives. Determination of the rank or level assumed by the foreign employee ultimately rests at the discretion of the immigration authorities.)
• The employer of the foreign employee must obtain a support letter from the relevant Approving Agency or Regulatory Body that regulates the company’s business sector.
(Note: This could potentially cause difficulties where there is no specific approving agency or regulatory body governing a particular company and hence may result in the inability to provide such supporting letters.)
Steps to Apply for Re-Entry During RMCO
• The employer of the foreign employee must send an email to pbf@imi.gov.my
together with the requisite letter of support from the relevant Approving Agency or Regulatory Body that regulates the company’s sector to seek approval for re-entry.
• The Director-General of Immigration will review the request and issue a decision on the re-entry within seven (7) working days upon such request being made.
• Any non-reply within seven (7) working days from the day the request is made is deemed unsuccessful.
Successful Application
• An “Entry Approval Letter” will be issued by the Director-General of Immigration to the employer for the onward transmission to the foreign employee via email.
• The foreign employee must have a copy of the “Entry Approval Letter” together with results of a Covid-19 test done three (3) days prior to entry to Malaysia which must be negative when entering Malaysia at the point of entry.
• Those who require a visa prior to entering Malaysia must visit the respective Malaysian Embassy/Consulate General/High Commission to apply for the visa prior to entering Malaysia.
• Only specific points of entry to Malaysia are permissible namely, the Kuala Lumpur International Airport (KLIA), Immigration Checkpoint at the Sultan Iskandar Building (BSI), Johor Bahru and the Sultan Abu Bakar Complex (2nd Link), Johor Bahru.
Mandatory Requirements Prior to Entry for a Successful Application
• Undergo PCR Covid-19 Test in Home Country
The foreign employee is required to undergo a mandatory PCR Covid-19 test abroad within three (3) days from the day of the scheduled entry to Malaysia and must be medically confirmed to be tested negative for Covid-19 prior to entering Malaysia.
• Download and Install the MySejahtera Application
The MySejahtera application enables the Ministry of Health (“MOH”) to monitor the users’ health conditions, and for the MOH to take immediate action in providing the requisite treatment as necessary.
Mandatory Requirements After Successful Re-Entry
• Fourteen (14) days Mandatory Home Quarantine
Compliance with the 14-day mandatory home quarantine at the respective residence will be monitored by the authorities through the MySejahtera application.
• Covid-19 Swab Test (If Instructed by MOH)
The MOH officials will be at all points of entry to Malaysia as mentioned above to monitor the health screening/swab test of foreign employees entering Malaysia.
Conclusion
We recognise that the guidelines do not fully address all areas of concern however it is a step towards recovery and the resumption of operations. We expect further guidelines to be released soon and procedures for the re-entry to be more streamlined as we move into the recovery phase of the Movement Control Order.
For detailed guidelines please refer to https://esd.imi.gov.my/portal/
For further information, please contact:
Suganthi Singam, Partner, Shearn Delamore & Co
suganthi@shearndelamore.com
