MALAYSIA: Elimination of Temporary Employment Visit Pass and Restructuring of Employment Pass

The Immigration Department of Malaysia (IDMY) recently announced the elimination of the Temporary Employment Visit Pass (TEVP), which was a category of work visas granted to foreign employees on assignment in Malaysia for less than two years.

As of November 1, 2011, the current Employment Pass (EP) category—formerly reserved solely for work assignments of two (2) to five (5) years—will now be divided into two sub-categories:

• Employment Pass 1 (EP 1) – For assignments of twenty-four (24) to sixty (60) months
  
  
• Employment Pass 2 (EP 2) – For assignments of three (3) to twenty-three (23) months

In tandem with this change, the IDMY is requiring employers to classify the employee's position according to the Malaysian Standard Classification of Occupations (MASCO), which is administered by the Malaysian Ministry of Human Resources (MOHR) (www.mohr.gov.my).  This new requirement is applicable during the first stage of the EP application process, when the employer submits an application for pre-approval of the transferring employee's proposed position to immigration department headquarters in Putrajaya, Malaysia. For those employees already working in Malaysia with an EP and seeking renewal, employers must confirm whether their position was designated under the MASCO in their previously approved EP application. If not, then the renewal application must be filed with the required designation, and the IDMY will adjudicate it as a new application.