Checklist of ESD (Directors’ Visa Application)/ DP 10 (Professional Workers’ Visa Application)
For the employment in all other sectors, a prior approval of post is required from concerned authorized body through Expatriate Services Division (ESD) and all approval is strictly for GENUINE business only. The written article is suitable for initial understanding only and please consult your appointed Agency for further referencing.
1. The Checklist for Expatriate application: Documents required for company registration 2509219 .pdf
2. Jobs reserved for Malaysians and company are NOT encouraged to hire expatriate: Biz-Not-4-foreigners 2018 .pdf
3. For application, applicants may directly do application at the Immigration’s ESD Website: https://esd.imi.gov.my/portal/
4. For a quick guide, the preference to foreign talent employed in the 12 industries under National Key Economic Areas (NKEA) as outlined in the Economic Transformation Programme (ETP) of the Malaysian Government are:
5. The Company on which you may apply Expatriate visa/ Director Visa (DP 10) :
a. The entity must register with either SSM, Register of Society, Professional Firms, organizations supported by Ministries or international organizations supported by Foreign Ministry.
b. Equity | Paid-up Capital (RM) |
i. 100% local owned | 250,000.00 |
ii. Local & foreign owned (50%-50%) | 350,000.00 |
iii. 100% foreign owned | 500,000.00 |
c. Foreign-owned companies (foreign equity at 51% and above) RM 1,000,000.00 as paid-up capital operating in the Wholesale, Retail and Trade (WRT) sectors mandatory requirement to submit valid WRT approval letter at https://www.kpdnhep.gov.my/en/public/download-forms/category/borang-j-permohonan-perdagangan-pengedaran-borong-runcit-wrt.html
d. Download your WRT application forms here: https://www.kpdn.gov.my/en/trade/business/business/business/business/distributive-trade/secretariat-of-distributive-trade-and-services-industry?highlight=WyJ3cnQiLCJidXNpbmVzcyIsImJ1c2luZXNzJy4iLCJhcHBsaWNhdGlvbiIsIndydCBidXNpbmVzcyIsIndydCBidXNpbmVzcyBhcHBsaWNhdGlvbiIsImJ1c2luZXNzIGFwcGxpY2F0aW9uIl0=
6. Expatriate applicant must have a university degree or more than 5 years relevant experience.
7. The business concept has to be unique, bringing benefits to the Malaysia’s economy as well as employment for the trade license to be approved under the 100% foreign owned structure.
8. The minimum salary must be RM 5,000.00- RM 10,000.00 monthly and above with contract valid up to 60 months with the hiring Company successfully registered with ESD.
References:
a. https://esd.imi.gov.my/portal/about-us/esd/
9. Definition of Job Positions qualifying for Expatriate Professional work permits:-
a. KEY POST
These are high level (1st level) managerial post in foreign-owned private companies and organizations in Malaysia. Key post are posts essential for business to safeguard their interest and investment and this expatriates are responsible in helping organizations to achieve it. EXAMPLE: Executive Chairman, CEO, MD, General Manager, Technical Director, Factory or Production Manager.
b. Executive Post
They are intermediate level (2nd level) which is managerial and professional posts and normally the post requires academic qualifications, technical and expertise related to the respective jobs where they are the one to responsible to implement the organization’s policies and supervision of employees. EXAMPLE: Marketing Manager, Logistic Manager, QA Manager, Engineers or Doctors.
c. Non-Executive Post
The person needed to perform technical jobs that required technical skills. EXAMPLE: Fashion Designer, Mould Maker, Food Technologist or Welder. The chances of a successful application will be assessed on the criteria:
a. Company’s activities;
b. Availability of Malaysian workforce;
c. The appropriateness of the scope of the job in relation to the Company’s activity;
d. Minimum monthly salary in defining the applicant is an expatriate of a foreign labour;
e. The age and working experience is determining the candidate is suitable or not.
The criteria in becoming the tax resident: