Covid-19: Immigration Update

The Prime Minister of Malaysia on 7 June 2020 announced the implementation of the Recovery Movement Control Order (“RMCO”). The RMCO will be implemented throughout Malaysia from 10 June 2020 to 31 August 2020. On 10 June 2020, the Malaysian Immigration Department issued a new guideline for Expatriates / Skilled Workers / Knowledge Workers for key and technical posts and for Dependents and Foreign Maids entering Malaysia (“Guideline”).

In summary, the Guideline provides for procedures to be adhered to in the following scenarios:
 
  1. Expatriates / Skilled Workers / Knowledge Workers with an active pass but are currently stranded abroad and not allowed to enter Malaysia (“Employee”).
 
  1. Employer must submit an ‘Application for Entry Permission’ together with a Supporting Letter obtained from the Approving Agency or Regulatory Body according to their respective sectors (“Entry Permission Application”). The Entry Permission Application must be sent via e-mail to: pbf@imi.gov.my in order to obtain the approval of the Director General of Immigration Department of Malaysia (“DGIM”).
 
  1. Approval of the Entry Permission Application will be provided within seven (7) working days from the date of submission of the application. If the employer does not receive a response within this period, the Entry Permission Application is deemed rejected.

    Note: Entry permission applications that are approved by the DGIM are positions assessed by the respective Approving Agency / Regulatory Body and categorised under key and technical posts.
 
  1. Upon approval of the Entry Permission Application by the DGIM, the Expatriate Services Division (“ESD”) will issue an ‘Entry Approval Letter’ to the employer, with copies sent to the Approving Agency / Regulatory Body, National Disaster Management Agency (“NADMA”), National Security Council (“NSC”), Malaysian Missions Abroad, Foreign Missions, and related agencies.
 
  1. The employer is responsible for sending the Entry Approval Letter by e-mail to the Employee.
 
  1. The Employee, upon receiving the Entry Approval Letter, must undergo a PCR COVID-19 test abroad within three (3) days and must be medically confirmed to have tested negative for COVID-19 prior to entering Malaysia.
 
  1. Employees with an expired pass are required to obtain a visa from the respective Malaysian Embassy / Consulate General / High Commission prior to entering Malaysia.

    Note: Visa applications are only necessary for nationalities that require a visa to enter Malaysia.
 
  1. Upon arrival in Malaysia, the Employee must:
  • present the Entry Approval Letter to the Immigration Officer at entry point
  • present the PCR COVID-19 test results stated in item v) above
  • download and install the ‘My Sejahtera’ application on their mobile devices to enable the Ministry of Health to monitor their health condition.
  • Undergo a fourteen (14) day home quarantine
  • Undergo a COVID-19/Swab test if instructed by the Ministry of Health
  • Comply with the rules and regulations set by the Immigration Department of Malaysia
 
  1. New expatriate / skilled worker / knowledge worker who is currently abroad
 
  1. The steps for this this category of workers is similar to items 1(i) to 1(vii) above. The only difference is that the employer must first obtain an Approval Letter from the Expatriate Committee of the relevant Approving Agency by submitting the expatriate’s application to the Approving Agency.
 
  1. The remaining steps are exactly the same as items 1(i) to 1(vii) above.
 
 
  1. Dependents, including foreign maids to the expatriate / skilled worker / knowledge worker who are currently stranded abroad
 
  1. Similar to item 2(i) above, the employer / main principal must obtain an Approval Letter from the Expatriate Committee of the Approving Agency.
 
  1. The remaining steps are exactly the same as items 1(i) to 1(vii) above.
 
The related Approving Agency and Regulatory Body referred to above are responsible to assess and make decisions on the entry permission applications of the abovementioned groups of individuals and to provide a Supporting Letter to the relevant individuals who seek to enter the country. The Supporting Letter must contain the following information:
 
  1. Name of the Employer’
  2. Nature of business
  3. Justifications on the need to enter the country
  4. Expatriate’s information (name, passport number, nationality, passport expiry date)
  5. Position
  6. Current active pass
  7. Relevant supporting documents.
 
The Guideline may be accessed here.
 
If you have any queries, please contact:- 
 
 
Foo Siew Li
Partner
foo.siewli@skrine.com

Sara Lau Der Yin
Senior Associate
sara.lau@skrine.com

Tan Su Ning
Senior Associate
tan.su.ning@skrine.com

For further updates and guidance on COVID-19 related legal issues, click here.