Moving Staff From an Overseas Office to Malaysia: Employment Pass Guide

MDEC's Expats Service Centre serves companies with Malaysia Digital (MD) status, or MSC Malaysia status, that are in operation and comply with the conditions of that status. It also serves ICT companies without MD status that are fully operational and use ICT as their core business, subject to a minimum paid-up capital, a physical office and an assessment by MDEC. Companies in non-qualifying activities, such as trading, staffing and staff augmentation, do not qualify.

For a new Employment Pass, MDEC states that the applicant must be outside Malaysia when the Approval Letter is issued. The applicant may enter Malaysia only after obtaining the Reference Visa or eVisa, if one is required for the applicant's nationality. Someone who needs a visa must obtain a Visa with Reference while abroad.

MDEC's published charge is RM2,160 per applicant for an MD company and RM3,024 per applicant for a non-MD company, for new and renewal applications. A Dependant Pass or Social Visit Pass is RM540 per applicant, and an amendment of an approval letter is RM108. Immigration's own fees are on a separate Immigration schedule that MDEC links to, and this page does not quote them. Confirm the current amounts with MDEC before budgeting.

MDEC states about 14 working days for an FKW Projection Request, about 7 working days for an individual FKW application, and 10 working days for the JTKSM section 60K approval that comes first. Endorsement takes 3 working days for an applicant already in Malaysia, and immediate endorsement at ESC KLIA Terminal 1 for an applicant arriving from abroad. A first-time MD company subscription takes about 2 working days, and a non-MD registration about 30 working days. These are stated service times for complete submissions, not guarantees.

Section 60K of the Employment Act 1955 requires employers to get approval from the Department of Labour Peninsular Malaysia (JTKSM) before employing an expatriate. It applies to private sector employers in Peninsular Malaysia and Labuan under amendments effective 1 January 2023, applications go through Xpats Gateway from 1 July 2025, and it is required for new Employment Pass applications, valid for 12 months, and decided in 10 working days. Xpats Gateway states that operating without the required approval carries a fine of up to RM100,000, imprisonment of up to five years, or both.

For new Employment Pass applications from 1 July 2025, Xpats Gateway requires the MyFutureJobs advertisement acknowledgement letter from PERKESO, with exemptions for renewals, in-country position or category changes, and positions on PERKESO's exemption list. PERKESO decides, and employers must follow its advertising guidelines. MDEC's pages describe this as SOCSO approval after advertising the vacancy.

It is the request through the eXpats system for the number of foreign knowledge workers a company may hire. Under MDEC's June 2026 announcement, a company seeking new or additional FKW headcount files the request with all mandatory documents, MDEC reviews it, and the FKW Approval Committee decides. Only approved projection headcount allows the company to file individual FKW applications.

MDEC states that the spouse and children under 18 are eligible for a Dependant Pass, and unmarried children over 18, parents and parents-in-law are eligible for a Long-Term Social Visit Pass. MDEC's charge is RM540 per applicant for each. Immigration's revised policy FAQ adds that Category III Employment Pass applications submitted from 1 June 2026 are subject to the revised policy for dependants, while passes issued under the earlier policy stay under the old rule, which does not permit dependants.

MDEC's process ends with the pass sticker issued by Immigration, after which the applicant may start work. For an applicant abroad, the company pays online and clicks the endorse button 5 days before the entry or flight date, and the applicant presents the Approval Letter, the Reference Visa or eVisa if required, and the Confirmation Letter at ESC KLIA Terminal 1. Working before the pass is endorsed is not covered by any of these steps.

MDEC states that companies are discouraged from nominating a third-party agent as the company's authorised person. The authorised person is named in the Authorised Person Letter on company letterhead and signs up through the company's own account. A consultant can still help prepare documents, check them against MDEC's checklist and advise on the route, while the company's own authorised person submits. Xpats Gateway separately says a Private Employment Agency may submit section 60K applications as an authorised representative, although its own wording on who counts as one is unclear.

Yes. Immigration's revised policy FAQ says the minimum salary is measured on basic salary only, and allowances and other payments are excluded. It applies to applications received on or after 1 June 2026. Complete applications received before that date are assessed under the previous policy.

MDEC's pages reviewed describe none. The sources reviewed also do not describe an exemption for transfers from the MyFutureJobs or section 60K steps, so assume they apply unless MDEC confirms otherwise.

The Employment Pass requires a contract of service with the Malaysian company. Payroll and tax arrangements need professional advice that this page does not give.

No. The Malaysian company registers and applies. The overseas company is not the applicant.