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MALAYSIA – Changes to Regulations for Dependent Family Members

Various changes to the regulations for dependent family members of Employment Pass (EP) holders come into effect on Monday 10 November 2014. The new policies apply to the dependents of Employment Pass holders who obtained the EP through any of the Malaysian processing agencies: Expatriate Services Division (ESD), Multimedia Development Corporation (MDeC) or Malaysia Investment Development Authority (MIDA).

Dependant Pass (DP)

As of 10 November 2014, the Dependant Pass (DP) will only be granted to spouses of Employment Pass holders, and dependent children who are at most 17 years of age. Dependent children who are 18 years old or above may qualify instead for a Long Term Social Visit Pass.

Previously the maximum age for dependent children to qualify for a Dependant Pass was 20 years for processing by ESD and MIDA and 17 years old via MDeC. With this change, the age criteria is now consistent across the various processing agencies.

Permission to Work Stamp (PTWS)

The spouse of an Employment Pass holder, who has been issued a Dependent Pass and who wishes to work will now need to obtain their own Employment Pass instead of the Permission to Work Stamp. The DP of the spouse would have to be cancelled to allow for the EP application.

Previously, the spouse of an Employment Pass holder who had a Dependant Pass could work with a PTWS based on the Dependant Pass. This is no longer applicable for MDeC processing. The Employment Services Division (ESD) however is still accepting applications for PTWS, but this is expected to change by January 2015.

Long Term Social Visit Pass (LTSVP)

The authorities have now added other activities which are not permitted under the Long Term Social Visit Pass (a pass for family members who do not qualify for the Dependant Pass).

Holders of the LTSVP are no longer allowed to be involved in any political speeches, lectures, talks or any political activities.

It remains the policy that if the LTSVP holder is pursuing an education, he or she is required to obtain a Student Pass, and if working then an Employment Pass will be required. In such cases, the LTSVP has to be cancelled to make way for the relevant Student Pass or Employment Pass.

Action Items

  • Note that dependents aged 18 or above no longer qualify for a Dependant Pass.
  • Note that Dependant Pass holders no longer qualify to work in Malaysia.

This news alert was prepared using information provided by Rabin & Associates.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.