Employment Pass Application (Malaysia)
[Employer Name]
[Employer Address]
Date: [Letter Date]
The Director General of Immigration
Immigration Department of Malaysia (Jabatan Imigresen Malaysia)
Expatriate Services Division (ESD)
EMPLOYER SUPPORT LETTER FOR EMPLOYMENT PASS APPLICATION
Immigration Act 1959/63 (Act 155) | Expatriate Services Division Guidelines
Dear Sir/Madam,
We, [Employer Name], hereby confirm that we have offered employment to [Employee Name] ([Passport Details]) and respectfully apply for an Employment Pass ([Pass Category]) on behalf of the said individual.
POSITION AND REMUNERATION
Position: [Position]
Monthly Salary: [Monthly Salary]
Commencement Date: [Commencement Date]
Pass Category Applied For: [Pass Category]
JUSTIFICATION FOR HIRING FOREIGN NATIONAL
[Justification]
Regulatory Endorsement: [Endorsement]
We confirm that [Employer Name] is a company duly registered with the Companies Commission of Malaysia (SSM) and is in compliance with all applicable Malaysian employment and tax laws. All required documents have been submitted through the Expatriate Services Division (ESD) portal at myxpats.com.my.
We undertake to comply with all conditions of the Employment Pass, to notify the ESD of any changes in the above particulars, and to arrange for the cancellation of the pass upon cessation of employment.
We humbly request your favourable consideration of this application.
Yours faithfully,
Authorised Signatory (Director/HR Head)
________________
Signature
What Is a Employment Pass Application (Malaysia)?
An Employment Pass Application in Malaysia records the information required to apply for the registration or permit involved.
Employment Passes in Malaysia are categorised by salary level and employment type. Category I Employment Pass is issued to foreign nationals earning a fixed monthly salary of RM 10,000 and above, is valid for up to five years (renewable), and permits the holder to bring their spouse and children to Malaysia as dependants. Category II Employment Pass is issued for salaries between RM 5,000 and RM 9,999, valid for up to two years. Category III Employment Pass (formerly known as a Temporary Employment Visit Pass) covers salaries of RM 3,000 to RM 4,999 and is valid for up to 12 months, not renewable, and does not entitle the holder to bring dependants.
The Employment Pass system was significantly reformed by the Malaysia Digital Economy Corporation (MDEC) for technology companies and by the Economic Planning Unit (EPU) for certain strategic industries under the Malaysia My Second Home (MM2H) and DE Rantau programmes. Companies wishing to employ foreign nationals must first obtain approval from the relevant regulatory body — for example, Malaysia Digital (formerly MSC Malaysia) status from MDEC for digital economy companies, or endorsement from the Malaysian Investment Development Authority (MIDA) for manufacturing companies.
The Employment Pass holder's spouse may apply for a Dependent Pass under Section 9(1)(c) of the Immigration Act 1959/63, and the spouse of a Category I Employment Pass holder may additionally apply for a Long Term Social Visit Pass with the right to work under Expatriate Services Division guidelines. The Employment Pass does not itself constitute a work permit in Malaysia — it is a class of Immigration Pass that permits the holder to reside and work in Malaysia for the duration of the pass.
The legal framework governing the Employment Pass Application (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Employment Pass Application (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.
When Do You Need a Employment Pass Application (Malaysia)?
A Malaysian Employment Pass application is needed whenever a foreign national is employed by a Malaysian company and requires authorisation to live and work in Malaysia under the Immigration Act 1959/63.
A Malaysian Employment Pass is required when a multinational corporation (MNC) or Malaysian company recruits a foreign national for a senior management, technical specialist, or professional role with a monthly salary meeting the minimum threshold (RM 3,000 for Category III, RM 5,000 for Category II, RM 10,000 for Category I). Without an Employment Pass, the foreign national cannot legally work in Malaysia.
A Malaysian Employment Pass is needed when an intra-company transferee — an employee transferred from a foreign parent, subsidiary, or affiliate company to the Malaysian entity — takes up employment in Malaysia. The company must demonstrate that the transferred employee holds a specialised knowledge or managerial role under Expatriate Services Division (ESD) guidelines.
A Malaysian Employment Pass is required when a Malaysia Digital (formerly MSC Malaysia) status company under MDEC's guidelines recruits foreign talent for roles in digital technology, software development, cybersecurity, or related fields. Malaysia Digital companies enjoy preferential Employment Pass processing times and may obtain passes for roles below the standard salary thresholds in certain approved categories.
A Malaysian Employment Pass is needed when a MIDA-endorsed manufacturing or industrial company recruits foreign technical specialists or engineers who possess skills not available locally in Malaysia. The Employment Pass application must be accompanied by endorsement letters from MIDA confirming the company's investment status and the necessity of hiring foreign expertise.
A Malaysian Employment Pass renewal is needed when an existing pass expires and the employer wishes to continue the foreign national's employment. Renewal applications must be submitted to the Expatriate Services Division portal (myxpats.com.my) at least three months before the current pass expires, with updated employment documents and company records.
What to Include in Your Employment Pass Application (Malaysia)
A complete Malaysian Employment Pass application under the Immigration Act 1959/63 and Expatriate Services Division guidelines must contain the following essential components.
Employer's Cover Letter: A formal letter from the Malaysian employer on company letterhead, addressed to the Director General of Immigration, stating the foreign national's name, passport number, position, salary, employment commencement date, and the company's justification for hiring a foreign national rather than a Malaysian. The letter must be signed by an authorised company signatory (director or HR head).
Employee's Personal Particulars: Full name as in passport, passport number and expiry date, nationality, date of birth, educational qualifications, professional experience, and current location. The passport must be valid for at least six months beyond the period of the requested pass.
Educational and Professional Qualifications: Copies of degree certificates, professional licences, and relevant work experience documentation. For Category I and II passes, qualifications must be verified by the Malaysian Qualifications Agency (MQA) for academic degrees or the relevant professional body for professional licences.
Employment Contract: A written employment contract signed by both employer and employee, stating the position, salary (in MYR), benefits, commencement date, and duration of employment. The contract must comply with the Employment Act 1955 for contracts of service in Malaysia.
Company Registration Documents: SSM-certified copies of the company's Certificate of Incorporation under the Companies Act 2016, Form 24 (Allotment of Shares), Form 49 (Register of Directors), and the company's most recent audited financial statements confirming the company's ability to pay the stated salary.
Endorsement Letters: For companies requiring regulatory endorsement — such as Malaysia Digital status companies (MDEC endorsement), MIDA-approved manufacturers (MIDA endorsement), or Labuan financial services companies (Labuan FSA endorsement) — the relevant endorsement letter must be included in the application package.
Online Submission: All Employment Pass applications must be submitted through the Expatriate Services Division (ESD) online portal at myxpats.com.my. Paper applications are no longer accepted for most categories. The online system tracks application status and issues the Employment Pass in the form of a sticker in the passport.
Additional compliance elements for a Employment Pass Application (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Employment Pass Application (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/personal/immigration/employment-pass-malaysia
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author = {{Forms Legal}},
title = {Employment Pass Application (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/personal/immigration/employment-pass-malaysia}},
note = {Free legal document template. Based on Contracts Act 1950 (Act 136)}
}Frequently Asked Questions
The minimum salary thresholds for a Malaysian Employment Pass under the Immigration Act 1959/63 and Expatriate Services Division (ESD) guidelines are: Category I — RM 10,000 per month (valid up to 5 years, dependants permitted); Category II — RM 5,000 per month (valid up to 2 years, dependants permitted); Category III — RM 3,000 per month (valid up to 12 months, no dependants, non-renewable). These thresholds apply to fixed monthly salary (gaji tetap) and do not include allowances, benefits, or bonuses. For Malaysia Digital (formerly MSC Malaysia) status companies endorsed by MDEC, modified thresholds may apply for certain technology roles. The salaries must be paid in Malaysian Ringgit to a Malaysian bank account. As of 2024, the government has signalled a review of the Category I threshold upward, so applicants should verify current rates at the Expatriate Services Division portal (myxpats.com.my) before applying.
Employment Pass processing times in Malaysia through the Expatriate Services Division (ESD) portal vary by company endorsement status and application completeness. For Malaysia Digital status companies (MDEC-endorsed), processing times are typically 5 to 10 working days for a complete application. For standard applications by non-endorsed companies, processing typically takes 3 to 6 weeks. Where regulatory endorsement from MIDA, MDEC, Bank Negara Malaysia, or another authority is required, the overall timeline extends to 6 to 12 weeks, as the endorsement step must be completed before the immigration application is submitted. Incomplete applications or applications requiring clarification from the employer are returned and restart the processing clock. The ESD portal allows employers to track application status in real time.
Employment Pass Category I and Category II holders can bring their spouse and unmarried dependent children to Malaysia on Dependent Passes under Section 9(1)(c) of the Immigration Act 1959/63. The Dependent Pass is applied for simultaneously or after the Employment Pass is approved, through the same ESD portal. Category III Employment Pass holders (salary RM 3,000 to RM 4,999) are not entitled to bring dependants to Malaysia under current ESD guidelines. The spouse of a Category I Employment Pass holder may additionally apply for a Long Term Social Visit Pass (LTSVP) with a letter from the employer, which in certain cases grants the spouse the right to work in Malaysia — though the spouse must still obtain a separate employment endorsement from the relevant authority. Dependent children up to 18 years of age are covered by the Dependent Pass.
Working in Malaysia without a valid Employment Pass is a serious criminal offence under Section 55E of the Immigration Act 1959/63. A foreign national found working without an Employment Pass or other authorised work pass may be arrested, detained at an Immigration Detention Depot, fined up to RM 10,000, and deported from Malaysia under Section 56 of the Immigration Act. The employer who knowingly employs a foreign national without a valid pass may face criminal prosecution under Section 55B of the Immigration Act, with fines of RM 10,000 to RM 50,000 per employee and possible imprisonment. The Immigration Department of Malaysia conducts regular enforcement raids — known as 'Ops Pematuhan' — on business premises throughout Malaysia to identify and prosecute illegal employment. Foreign nationals who overstay their visa or pass may also be blacklisted from entering Malaysia under Immigration Department records.
An Employment Pass in Malaysia is employer-specific — it is issued in connection with a particular employer and a particular position. If an Employment Pass holder wishes to change employers, the new employer must apply for a new Employment Pass through the ESD portal before the foreign national begins work with the new employer. The existing Employment Pass does not transfer automatically to the new employer. Upon resignation or termination, the employer is required to notify the Immigration Department through the ESD portal, and the former employee's Employment Pass is cancelled. The foreign national is then required to leave Malaysia or apply for a new pass within the grace period allowed by the Immigration Department — typically 30 days. Employment Pass holders who change employers without completing the proper cancellation and re-application process may be found in breach of their pass conditions under Section 9(4) of the Immigration Act 1959/63.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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