Assessing Travel and Visa Obligations

Whether you can travel lawfully as a business visitor or require work authorization depends on the types of activities you will be conducting during your time in Malaysia. In case you are unsure if your activities constitute business or work, please seek advice from your immigration counsel.

Traveling for Business

Business visitors traveling to Malaysia may engage in the activities below. This list is not comprehensive and other activities may qualify as business.

• Attending meetings or conferences
• Visiting a current project site or factory floor for informational purposes with no hands-on work
• Attending contract discussions
• Attending seminars
• Auditing company accounts
• Journalism
• Factory inspections
• Carrying out investment opportunity surveys
• Sport competitions

If I qualify as a business visitor, do I need a visa for Malaysia?

European Union, United States and many other select nationals do not require a visa for entry to Malaysia and are visa-waivered. A few nationals require an Entry Visa to conduct business activities in Malaysia and must obtain it from a Malaysian embassy or consulate prior to travel.

All business travelers entering Malaysia are granted a Social Visit Pass upon arrival.

Malaysia is a member of the Asian Pacific Economic Cooperation (APEC). Foreign nationals in possession of valid APEC Business Travel Cards (ABTC) endorsed with “Valid for travel to MYS” are permitted to enter Malaysia without a visa to conduct business activities.

Working in Malaysia

What sorts of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Malaysian law. This list is not comprehensive and many other professional activities are considered work in Malaysia, even if conducted for a short duration.

• Hands-on technical work
• Repairs and maintenance
• Project planning or implementation
• Marketing
• Providing training

If I am traveling to Malaysia for work, what type of work authorization do I need?

The type of work permit required depends on your qualifications, on whether your employer has an entity in Malaysia, and on the nature and duration of your work. The most common types of Malaysian work authorization are:

• Professional Visitor’s Pass or PVP (short-term work permit)
• Employment Pass or EP (direct-hire work permit)
• Visit Pass for Temporary Employment or VPTE (short-term work permit for workers in East Malaysia)

Additionally, EPs are divided into three categories:

• Category I (standard work permit)
• Category II (work permit for foreign nationals who have graduated from a Malaysian university and meet the minimum salary requirement)
• Category III (special cases work permit)

Are there any nationals who are exempt from work permit requirements?

There are no countries with established work permit exemptions with Malaysia.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection or work authorization entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2018 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Updated Nov. 13, 2018.