Sarawak Visa and Immigration

Sarawak is a unique state within Malaysia, with its own set of immigration laws and visa requirements. Whether you’re moving for work, family, or retirement, it’s essential to understand the different types of visas available and the procedures involved. This guide covers what you need to know about living and working in Sarawak as a non-Sarawakian, including visa requirements for Peninsular Malaysians, Sabahans, and foreign nationals.

1. Immigration Autonomy in Sarawak

Sarawak exercises full control over its immigration policies as per the Immigration Act 1953/63. Non-Sarawakians, including Peninsular Malaysians and Sabahans, may stay in Sarawak for up to 90 days without requiring additional immigration clearance. For stays longer than 90 days, you must apply for the appropriate visa.

2. Expatriates in Sarawak

Professional Pass (Training)

Purpose: For individuals undergoing internships, training, or apprenticeships without receiving a salary.
Duration: Issued for 6-12 months, non-renewable.
Application: Apply through the Visa, Pas, and Permit Division at Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.
Processing Time: 30 days.

Notes: This visa is also suitable for seconded employees from qualifying industries.

Professional Pass (Employment)

Purpose: For short-term consultancy projects where the individual is receiving a salary or consultation fees.
Duration: Issued for 6-12 months, non-renewable.
Requirements: The sponsoring company must be a Sdn Bhd (Private Limited Company) with a minimum paid-up capital of RM250,000.
Application: Apply through the Expatriate Services Division at Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.
Processing Time: 30 days.

Employment Passes 1 & 2

Purpose: For skilled workers employed by companies in Sarawak.
Salary Requirement:
- Employment Pass 1: RM5,000+ monthly
- Employment Pass 2: RM3,000+ monthly
Age Requirement: Minimum 27 years old.
Duration: You may apply for one-year or two-year permits, renewable for up to 10 years.
Application: Apply at the Expatriate Services Division at Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.
Processing Time: 90 days.
Additional Notes:
- Employment Pass 1 holders may sponsor dependents and hire a domestic worker.
- Employment Pass 2 holders cannot sponsor dependents.
- A business address in Sarawak is required for sponsorship.

3. Spouses of Sarawakians

Spouse Programme (Employment Pass)

Purpose: For non-Sarawakian spouses of Sarawakians who wish to work in Sarawak.
Salary Requirement: RM3,000+ monthly.
Renewal: Annually renewable with proof of ongoing marriage.
Application: Apply at the Expatriate Services Division, Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.
Processing Time: 30 days.

Long-Term Social Visit Pass (LTSVP)

Purpose: For spouses who do not qualify for the Spouse Programme and wish to reside in Sarawak without working.
Duration: Issued for 6 months to 5 years, depending on the nationality of the spouse.
Requirements: A security bond must be paid, and the visa is renewable with proof of marriage.
Application: Apply at the Visa, Pas, and Permit Division at Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.
Processing Time: 30-90 days.

Certificate of Status

Eligibility: Available to Peninsular Malaysians and Sabahan wives after 2 years of marriage to a Sarawakian.
Benefit: Grants indefinite residency and work rights without the need for renewal.
Application: Apply at the Visa, Pas, and Permit Division at Ibu Pejabat Jabatan Imigresen Sarawak, Simpang Tiga.

4. Sarawak-Malaysia My Second Home (S-MM2H) Visa

Purpose: A long-term visa for investors or retirees who wish to live in Sarawak.
Eligibility: Applicants aged 30 and above, subject to specific financial requirements based on age groups.
Benefits: Allows you to hire a domestic worker, own property, and send children to school in Sarawak.
Application: Submit the application at the MTCP office at Bangunan Baitulmakmur II, Petrajaya Sarawak.

5. Social Visit (Temporary Work) Visa for General Workers

For companies that want to hire general workers in Sarawak, the Social Visit (Temporary Work) Visa is available. Companies must first obtain approval from the Labour Department for their labour quota (AP) and calling visa (VDR). Different levies apply depending on the category of the workers. More information on the labour quota process can be found on relevant governmental websites.

6. Employer Requirements for Hiring Non-Sarawakians

Capital Requirements

Fully Malaysian-owned companies (Sdn Bhd): RM250,000 paid-up capital.
Joint ventures (Malaysian & foreign ownership): RM350,000 paid-up capital.
Fully foreign-owned companies: RM1,000,000 paid-up capital.

Hiring Process

Obtain a License to Employ Non-Resident Employees under Section 119 of the Labour Ordinance.
Submit a Confirmation of Local Recruitment Report from SOCSO unless renewing for agriculture or reflexology sectors.
Use the Monitoring System of Employment of Non-Sarawakians (MSEN) to submit applications.

7. Penalties for Non-Compliance

Failure to comply with immigration and employment regulations in Sarawak can result in fines up to RM10,000, imprisonment for up to six months, or both, as stipulated in Section 130L of the Labour Ordinance.

Frequently Asked Questions (FAQs)

1. Can a visa applicant sponsor their own permit?

No, a company sponsor is required to apply for an employment pass in Sarawak or Malaysia.

2. What are the requirements for a sponsoring company?

A sponsoring company must be a company limited by shares (Sdn Bhd) with a minimum paid-up capital of RM250,000 if it is fully Malaysian-owned. For joint ventures, the capital is RM350,000. For fully foreign-owned companies, the capital must be RM1,000,000.

3. Can a company without a Sarawak business address sponsor permits?

No, a business address in Sarawak is required. However, a Sarawak-based company can sponsor applicants on behalf of external companies in specific sectors like oil and gas, manufacturing, and digital transformation.

4. Who is eligible for an employment pass or professional visit pass in Sarawak?

Individuals with skills in specific sectors and earning above RM3,000 monthly can apply. This applies to both expatriates and spouses of Sarawakians.

5. Do Peninsular Malaysians and Sabahans need an immigration pass to work in Sarawak?

Yes, all non-Sarawakians need a work permit or employment pass to work in Sarawak.

6. What are the processing times for the various visas?

Employment Pass 1: 90 days
Employment Pass 2: 90 days
Professional Visit Pass: 30 days
Spouse Programme: 30 days

7. Can a student visa be converted to an employment pass without leaving Malaysia?

Yes, you may apply for a journey-performed visa to convert your student visa to an employment pass.

8. Can I apply for Permanent Residency after holding an employment pass?

No, Employment Passes 1 and 2 do not qualify for Permanent Residency. However, spouses of Sarawakians may qualify.