25 August 2021
Imagine having the permission to work in a foreign country and yet being unable to do so as you are prohibited from entry. That has been the dilemma faced by many ex patriates who hold Employment Passes but have been unable to enter Malaysia due to the current restrictions in place.
The present prohibition on entry does not augur well for the revival of the economic sector and yet a balance is needed to be maintained in addressing the wellbeing of the citizens. The requirements for quarantine have now seen some form of relaxation where a home quarantine is potentially possible for expatriates who have made Malaysia their home over their years of employment.
Based on the recent government announcement in relation to home quarantine (effective from 10 August 2021), the government has set out the following requirements for home quarantine:
• A non-Malaysian who has returned or arrived from overseas must have a suitable place of residence to undergo the home quarantine in Malaysia. (Note: There is currently no specific guideline on what amounts to a “suitable residence” as it is decided at the discretion of the Ministry of Health representatives. Representatives from the Ministry of Health are to undertake a Q&A session with the individual on arrival in Malaysia about the conditions of the residence, that is, the number of rooms of the residence, the number of individuals living at the same residence, their respective ages and their health conditions as well as whether there is an ensuite bathroom for the purposes of the home quarantine. The ex patriate must download the MySejahtera application and ensure that he/she has completed the health declaration form prior to arrival in Malaysia. • The ex-patriate must be fully vaccinated. (Note: By “fully vaccinated”, the reference is to those who have received either:
Two doses of Pfizer, AstraZeneca and Sinovac and completing 14 days after the date of the second dose; or One dose of Johnson & Johnson and CanSino and completing 28 days after the date of the vaccination. • The individual must show proof of a valid negative RTPCR test undertaken three days before departure. (Note: The RT-PCR test must be undertaken by a certified laboratory, or a medical report issued by a registered medical practitioner. The second RT-PCR test will be carried out at the International Entry Point.) • The individual must possess a complete and valid COVID-19 vaccination certificate • The individual must have no symptoms exhibited during the health clearance conducted at the International Entry Point.
An expatriate who intends to undergo home quarantine must first apply for the home quarantine via email to hso@moh.gov.my. The following documents must be attached in the same email for the consideration of the home quarantine application:
• The expatriate's Employment Pass; • The vaccination certificate as proof of full vaccination; and • Proof of residence in Malaysia.
The expatriate will be notified of the outcome of the home quarantine application by email. Upon arrival in Malaysia, the expatriate who exhibits no Covid-19 symptoms will be permitted to undertake the second RT-PCR test. If the individual exhibits light Covid-19 symptoms, he/she will be required to undertake either the RTK-AG test or RT-PCR test. However, if the expatriate exhibits moderate or severe Covid19 symptoms, the individual will be referred to the infectious disease expert for further assessment.
According to the Standard Operating Procedures of the Ministry of Heath, the individual will be given a digital Home Surveillance Order for his/her home quarantine. The individual is required to wear the quarantine wristband or electronic digital tracker during the entire period of the home quarantine. The individual must also complete the Home Assessment Tool (“HAT”) found in the MySejahtera application on a daily basis. Notwithstanding the issuance of the Covid-19 vaccination certification, the expatriate will still be subjected to the mandatory quarantine period of 14 days (21 days for travellers from India, Sri Lanka, Bangladesh, Nepal and Pakistan). The underlying rationale for this requirement being that although the individual has been fully vaccinated the risk factor is still prevalent and hence the need to exercise precaution.
On the 10th day of the mandatory quarantine period, the individual is required to take the RT-PCR test (18th day for the expatriate who needs to undergo home quarantine for 21 days). If the RT-PCR result is negative the ex patriate will be issued a “Release Order” via the MySejahtera application on the 14th day of the quarantine period. He/She is required to go to the nearest District Health Office to have the quarantine wristband cut. The quarantine period of 14 days may be extended to 21 days depending on the risk assessment conducted on the 10th day.
For further information, please contact:
Suganthi Singam, Partner, Shearn Delamore & Co
suganthi@shearndelamore.com
