- New Requirements For Dependents Who Wish To Work
- November 12, 2014
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
Dependent’s Pass holders who wish to work in Malaysia but do not yet have work permits must cancel their Dependent’s Passes and obtain an Employment Pass, according to practice changes that have come into effect with the introduction of the mandatory e-filing system. If the dependent stops working, he or she must obtain a new Dependent’s Pass if he or she wishes to remain in Malaysia as an accompanying dependent.
Prior to this change, the Dependent’s Pass remained valid during and after the dependent’s employment. If the dependent cancelled their Dependent’s Pass, their work permit, i.e., Permission To Work, would be cancelled automatically.
Dependent’s Pass holders who already have work permits are not subject to these new requirements.
Although this change has not been noted on the Immigration Department of Malaysia website, practice has suggested the new requirement is already in effect.
What This Means for Employers and Foreign Nationals
Employers should ensure that their employees’ dependents abide by the changes in practice by ensuring their Dependent’s Passes are cancelled if the dependent wishes to work in Malaysia.
Dependents in Malaysia who obtain Employment Passes following these changes should be prepared to obtain new Dependent’s Passes in case they stop working in Malaysia. If they fail to do so and remain in Malaysia, they may face fines or other penalties.