rehiring programme for illegal foreign workers · 2017-11-25 · rehiring programme for illegal...
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REHIRING PROGRAMME for Illegal Foreign Workers
REHIRING PROGRAMME for Illegal Foreign Workers
provide opportunity to illegal foreign workers in Malaysia to be issued with valid work permits
enable the Malaysian Government to determine number of illegal foreign workers in Malaysia for the purposes of monitoring and security
meet labor demands specifically the request of industries/employers to fill vacancies in permitted formal sectors
REHIRING PROGRAMME for illegal foreign workers aims to. . .
REHIRING PROGRAMME for Illegal Foreign Workers
via Online (www.rehiring.imi.gov.my)
15 February 2016 to 30 June 2016
IMPLEMENTATION
PERIOD
MODE
REHIRING PROGRAMME for Illegal Foreign Workers
must have record of
original entry to Malaysia
No criminal record
currently employed
STRICT CONDITIONS
Unqualified illegal workers will be deported
Action against employers not registering illegal workers
REHIRING PROGRAMME for Illegal Foreign Workers
MAIN REQUIREMENT
ILLEGAL WORKER CATEGORY A (i)
ILLEGAL WORKER CATEGORY A (ii)
ILLEGAL WORKER CATEGORY B
Illegal worker who overstayed
under a Visit Pass Temporary
Employment (VPTE)
Had been working with the initial
employer as stated on the
previous VPTE for at least 6
months before the commencement
of the Rehiring Programme
Posses travel document (passport)
of t least 24 months validity
Payment of levy will not be
imposed/backdated during the
period of working illegally but
instead will be calculated starting
from the issuance of VPTE sticker
by the Immigration department
under the Rehiring Programme
Illegal worker who overstayed
under a Visit Pass Temporary
Employment (VPTE)
Had been working with a different
employer as stated on the
previous VPTE for at least 6
months before the commencement
of the Rehiring Programme. A
sample of verification letter from
employer as per Appendix 3
Posses travel document (passport)
of t least 24 months validity
Payment of levy will not be
imposed/backdated during the
period of working illegally but
instead will be calculated starting
from the issuance of VPTE sticker
by the Immigration department
under the Rehiring Programme
Illegal worker who overstayed
under a Social Visit Pass (SVP).
Expiry date of SVP shall be before
01 September 2015.
Had been working with a current
employer for at least 6 months
before the commencement of the
Rehiring Programme. A sample of
verification letter from employer as
per Appendix 3
Posses travel document (passport)
of t least 24 months validity
Payment of levy will not be
imposed/backdated during the
period of working illegally but
instead will be calculated starting
from the issuance of VPTE sticker
by the Immigration department
under the Rehiring Programme
REHIRING PROGRAMME for Illegal Foreign Workers
PERIOD OF EMPLOYMENT
ILLEGAL WORKER CATEGORY A (i)
ILLEGAL WORKER CATEGORY A (ii)
ILLEGAL WORKER CATEGORY B
Maximum period of employment
shall be 5 years starting from the
issuance of date of a new VPTE
Maximum period of employment
shall be 5 years starting from the
issuance of date of a new VPTE
Maximum period of employment
shall be 3 years starting from the
issuance of date of a new VPTE
REHIRING PROGRAMME for Illegal Foreign Workers
ADDITIONAL REQUIREMENTS
REHIRING PROGRAM
The Rehiring Program is subject to the permitted sectors of recruitment of foreign workers
excluding the domestic worker sector.
All participants are subject to the existing terms and conditions related to the recruitment and
employment of foreign workers in Malaysia.
For such related offence and compound, a recording of the evidence under Section 396
Criminal Procedure Code (in terms of offences and compound) and Section 396 Criminal
Procedure Code (Act 593) will be taken from the illegal immigrant and compound action will be
taken in accordance with Section 58A (with the consent of the Deputy Public Prosecutor) and
subject to the regulations (Compounding of Offences) Order 2003 [P.U. (A) 38/2003].
Exemption from prosecution against illegal immigrants who commits an offence under sub
section 15(1)(c) of the Immigration Act 1959/1963 [Act 155] (an offence without reasonable
grounds are found to reside in Malaysia after a pass or permit expired) and compound action
will be taken under Section 58A of Act 155 and regulations immigrations (Compounding -
offences) 2003[P.U. (A) 38/2003) with the consent of the Deputy Public Prosecutor and shall be
issued with Special Pass for the purpose of coordination.
The Rehiring Programme is only implemented in the Peninsular Malaysia.
REHIRING PROGRAMME for Illegal Foreign Workers
ADDITIONAL REQUIREMENTS
ILLEGAL WORKER
Passed the medical checkup under FOMEMA.
A non UNHCR card holder.
Does not possess any criminal record.
Has not registered under the 6P Programme.
REHIRING PROGRAMME for Illegal Foreign Workers
ADDITIONAL REQUIREMENTS
EMPLOYER
Shall employ illegal workers in permitted sectors as stipulated
under the Rehiring Programme.
Must not be blacklisted by One Stop Centre (OSC), Ministry of
Home Affairs (MOHA).
Must comply with the foreign worker recruitment quota set by the
OSC, MOHA.
REHIRING PROGRAMME for Illegal Foreign Workers
Had entered Malaysia via non-gazetted entry point and does not posses any
valid travel document
Had been issued with VPTE but absconded from
initial employer
Had been issued with VPTE or SVP however travel document had
expired
Had been issued with other immigration pass such as
Student Pass, Employment
Pass, etc.
who are not eligible for the REHIRING PROGRAMME
REHIRING PROGRAMME for Illegal Foreign Workers
Managing applications for Indonesian nationals
Hotline: 03 4149 4788Email: [email protected]
Managing applications for Myanmar nationals
Hotline: 07 333 4797; 07 333 6797Email: [email protected]
Managing applications for other permitted nationals
Hotline: 03 7801 8888Email: [email protected]
IMANResources
APPOINTED VENDORS
Bukti MegahSdfn. Bhd.
KonsortiumPMF
Companies appointed by the Government to assist
the Immigration Department of Malaysia in the
REHIRING PROGRAMME
REHIRING PROGRAMME for Illegal Foreign Workers
HOW TO APPLY
Loginrehiring.imi.gov.my
Select nationalityIndonesia, Myanmar, Other Nationals
IMAN Portal (Indonesian nationals)Bukti Megah Portal (Myanmar nationals)Konsortium PMF Portal (Other nationals)
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(i)
NO FLOW CHART ACTIONS REMARKS
1 1. Company
2. Employer
3. Illegal Worker
4. Embassy
1. Company to process application from Employer
or Illegal Worker.
2. Company must record illegal Worker’s
biometric, photograph, personal details and
Employer’s details during registration.
Company will only be allowed to charge
RM800 during registration.
2 1. Enforcement
Division, JIM
2. Company
3. Employer
4. Illegal Worker
1. Company’s representative will assist Employer
and Illegal Worker to Enforcement Division,
JIM.
2. Enforcement Division, JIM verifies Illegal
Worker’s record to determine his compliance
to the requirements of Category A(i).
3. If the Illegal Worker does not meet the
requirements, the Company shall arrange for
his return to country of origin via 3+1
Programme without further additional charges.
4. Documents required:
Registration Slip (Company)
Valid Passport
Employer or Illegal Worker submit application via online
Employer or Illegal Worker attend to Company’s premise
Company registers Illegal Worker Category A(i) and
issues Registration Slip
Company arranges Illegal Worker’s visit to Embassy and
assists in renewal of passport
Company arranges Employer and Illegal Worker’s visit to
the Enforcement Division, Immigration Department (JIM)
Illegal Worker and Employer attend to the Enforcement
Division (JIM)
Enforcement Division, JIM verifies record of Illegal Worker
Pass
A
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(i)
NO FLOW CHART ACTIONS REMARKS
2
3 1. FOMEMA
2. Company
3. Illegal Worker
1. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
2. If Illegal Worker failed medical examination, the
Company shall arrange for his return to country
of origin via 3+1 Programme without further
charges.
Enforcement Division, JIM refers to Deputy Public
Prosecutor for decision on compound
Illegal Worker and Employer proceed for compound
payment
Enforcement Division, JIM issues receipt for compound
and Special Pass to Employer and Illegal Worker
A
YES
Company (on behalf of Employer) attend to FOMEMA and
registers details of Illegal Worker
Illegal Worker undergo medical examination/checkup at
clinics registered with FOMEMA
Pass
B
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
FOMEMA informs result of medical examination to JIM
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(i)
NO FLOW CHART ACTIONS REMARKS
4 1. Foreign
Worker
Division, JIM
2. Company
1. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
Documents for VDR Application as per
checklist of PK (O) IMJ.02/FQ01
2. Payment of levy will not be imposed/backdated
during the period of working illegally but instead
will be calculated starting from the issuance of
VPTE sticker by the Immigration Department
under the Rehiring Programme.
3. Company will only be allowed to charge
RM400 upon VPTE sticker received by
Foreign Worker.
Company (on behalf of Employer) attend to Foreign
Worker Division, JIM
END
B
Immigration verifies Illegal Worker’s relevant documents
including result of medical examination
Company (on behalf Employer) pays levy, VPTE, MEV
and Process Fee
Foreign Worker Division, JIM issues VPTE sticker
Foreign Worker receives VPTE sticker
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(ii)
NO FLOW CHART ACTIONS REMARKS
1 1. Company
2. Employer
3. Illegal Worker
4. Embassy
1. Company to process application from Employer
or Illegal Worker.
2. Company must record illegal Worker’s
biometric, photograph, personal details and
Employer’s details during registration.
Company will only be allowed to charge
RM800 during registration.
2 1. Enforcement
Division, JIM
2. Company
3. Employer
4. Illegal Worker
1. Company’s representative will assist Employer
and Illegal Worker to Enforcement Division,
JIM.
2. Enforcement Division, JIM verifies Illegal
Worker’s record to determine his compliance
to the requirements of Category A(ii).
3. If the Illegal Worker does not meet the
requirements, the Company shall arrange for
his return to country of origin via 3+1
Programme without further additional charges.
4. Documents required:
Registration Slip (Company)
Valid Passport
Employer or Illegal Worker submit application via online
Employer or Illegal Worker attend to Company’s premise
Company registers Illegal Worker Category A(ii) and
issues Registration Slip
Company arranges Illegal Worker’s visit to Embassy and
assists in renewal of passport
Company arranges Employer and Illegal Worker’s visit to
the Enforcement Division, JIM
Illegal Worker and Employer attend to the Enforcement
Division, (JIM)
Enforcement Division, JIM verifies record of Illegal Worker
Pass
A
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(ii)
NO FLOW CHART ACTIONS REMARKS
2
3 1. OSC, MOHA
2. Employer
3. Enforcement
Division, JIM
1. OSC, MOHA cross checks with MyIMMS if
employer is blacklisted
2. If employer is ineligible, OSC MOHA will report
to JIM for enforcement action
3. Payment of levy will not be imposed/backdated
during the period of working illegally but instead
will be calculated starting from the issuance of
VPTE sticker by the Immigration Department
under the Rehiring Programme
4. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for Compound
Copy of receipt of payment for Special Pass
Enforcement Division, JIM refers to Deputy Public
Prosecutor for decision on compound
Illegal Worker and Employer proceed for compound
payment
Enforcement Division, JIM issues receipt for compound
and Special Pass to Employer and Illegal Worker
A
YES
Company arranges Employer and Illegal Worker’s visit to
the OSC, MOHA
Pass
B
OSC reports to JIM
for enforcement
action towards
Employer
YES
NO
Employer attends to OSC, MOHA
OSC, MOHA reviews Employer’s eligibility
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(ii)
NO FLOW CHART ACTIONS REMARKS
3
4 1. Foreign
Worker
Division, JIM
2. Company
3. Employer
4. Illegal Worker
1. Documents required:
Registration Slip (Company)
Valid Passport
Documents for VDR Application as per
checklist of PK (O) IMJ.02/FQ01
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
5 1. FOMEMA
2. Company
3. Employer
4. Illegal Worker
1. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
B
YES
Employer proceeds with levy payment
OSC, MOHA issues Letter of Approval
Company (on behalf of Employer) attends to Foreign
Worker Division, JIM
Foreign Worker Division, JIM verifies relevant documents
Company (on behalf Employer) pays VPTE, MEV and
Process Fee
Company (on behalf of Employer) attends to FOMEMA
and registers detail of Illegal Worker
Illegal Worker undergo medical examination/checkup at
clinics registered with FOMEMA
C
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(ii)
NO FLOW CHART ACTIONS REMARKS
5 1. If Illegal Worker failed medical examination, the
Company shall arrange for his return to
country of origin via 3+1 Programme without
further additional charges
2. If the Illegal Worker failed medical examination,
Employer may claim payment made at Foreign
Worker Division, JIM as per normal VDR
procedure with condition that the Illegal
Worker had returned to their origin country
6 1. Foreign
Worker
Division, JIM
2. Company
3. Employer
1. Company will only be allowed to charge RM400
upon VPTE sticker received by Foreign Worker
FOMEMA informs result of medical examination to JIM
C
Pass
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
END
Company (on behalf of Employer) attends to Foreign
Worker Division, JIM
Foreign Worker Division, JIM verifies Illegal Worker’s
result of medical examination
Foreign Worker Division, JIM issues VPTE sticker
Foreign Worker receives VPTE sticker
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY B
NO FLOW CHART ACTIONS REMARKS
1 1. Company
2. Employer
3. Illegal Worker
4. Embassy
1. Company to process application from Employer
or Illegal Worker.
2. Company must record illegal Worker’s
biometric, photograph, personal details and
Employer’s details during registration.
Company will only be allowed to charge
RM800 during registration.
2 1. Enforcement
Division, JIM
2. Company
3. Employer
4. Illegal Worker
1. Company’s representative will assist Employer
and Illegal Worker to Enforcement Division,
JIM.
2. Enforcement Division, JIM verifies record of
Illegal Worker to determine his compliance to
the requirements of Category B.
3. If the Illegal Worker does not meet the
requirements, the Company shall arrange for
his return to country of origin via 3+1
Programme without further additional charges.
4. Documents required:
Registration Slip (Company)
Valid Passport
Employer or Illegal Worker submit application via online
Employer or Illegal Worker attend to Company’s premise
Company registers Illegal Worker Category B and issues
Registration Slip
Company arranges Illegal Worker’s visit to Embassy and
assists in renewal of passport
Company arranges Employer and Illegal Worker’s visit to
the Enforcement Division, JIM
Illegal Worker and Employer attend to the Enforcement
Division, (JIM)
Enforcement Division, JIM verifies record of Illegal Worker
Pass
A
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY B
NO FLOW CHART ACTIONS REMARKS
2
3 1. OSC, MOHA
2. Employer
3. Enforcement
Division, JIM
1. OSC, MOHA cross checks with MyIMMS if
employer is blacklisted
2. If employer is ineligible, OSC MOHA will report
to JIM for enforcement action
3. Payment of levy will not be imposed/backdated
during the period of working illegally but instead
will be calculated starting from the issuance of
VPTE sticker by the Immigration Department
under the Rehiring Programme
4. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for Compound
Copy of receipt of payment for Special Pass
Enforcement Division, JIM refers to Deputy Public
Prosecutor for decision on compound
Illegal Worker and Employer proceed for compound
payment
Enforcement Division, JIM issues receipt for compound
and Special Pass to Employer and Illegal Worker
A
YES
Company arranges Employer and Illegal Worker’s visit to
the OSC, MOHA
Pass
B
OSC reports to JIM
for enforcement
action towards
Employer
YES
NO
Employer attends to OSC, MOHA
OSC, MOHA reviews Employer’s eligibility
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY A(ii)
NO FLOW CHART ACTIONS REMARKS
3
4 1. Foreign
Worker
Division, JIM
2. Company
3. Employer
4. Illegal Worker
1. Documents required:
Registration Slip (Company)
Valid Passport
Documents for VDR Application as per
checklist of PK (O) IMJ.02/FQ01
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
5 1. FOMEMA
2. Company
3. Employer
4. Illegal Worker
1. Documents required:
Registration Slip (Company)
Valid Passport
Copy of receipt of payment for
Compound
Copy of receipt of payment for Special
Pass
B
YES
Employer proceeds with levy payment
OSC, MOHA issues Letter of Approval
Company (on behalf of Employer) attends to Foreign
Worker Division, JIM
Foreign Worker Division, JIM verifies relevant documents
Company (on behalf Employer) pays VPTE, MEV and
Process Fee
Company (on behalf of Employer) attends to FOMEMA
and registers detail of Illegal Worker
Illegal Worker undergo medical examination/checkup at
clinics registered with FOMEMA
C
APPLICATION PROCESSREHIRING PROGRAMME FOR ILLEGAL WORKERS
CATEGORY B
NO FLOW CHART ACTIONS REMARKS
5 1. If Illegal Worker failed medical examination, the
Company shall arrange for his return to
country of origin via 3+1 Programme without
further additional charges
2. If the Illegal Worker failed medical examination,
Employer may claim payment made at Foreign
Worker Division, JIM as per normal VDR
procedure with condition that the Illegal
Worker had returned to their origin country
6 1. Foreign
Worker
Division, JIM
2. Company
3. Employer
1. Company will only be allowed to charge RM400
upon VPTE sticker received by Foreign Worker
FOMEMA informs result of medical examination to JIM
C
Pass
Illegal worker shall
return to country of
origin via 3+1
Programme
YES
NO
END
Company (on behalf of Employer) attends to Foreign
Worker Division, JIM
Foreign Worker Division, JIM verifies Illegal Worker’s
result of medical examination
Foreign Worker Division, JIM issues VPTE sticker
Foreign Worker receives VPTE sticker
REHIRING PROGRAMME for Illegal Foreign Workers
FEES CHARGES PAYMENT TO
Company Service Charge (registration and administrative) 1,200.00 (800.00 - registration; 400.00 - administration)
Company
Compound Payment (illegal immigrant) 300.00 JIM
Special Pass (illegal immigrant) 100.00 JIM
Compound Payment (employer) 500.00 JIM
Medical Checkup Payment at FOMEMA 180.00 (Male) ; 190.00 (Female) FOMEMA
Levy
Manufacturing 1,250.00
MOHA OSC
Construction 1,250.00
Plantation 590.00
Agriculture 410.00
Services 1,850.00
Services (Tourism) 1,250.00
Services (Welfare Home) 650.00
Multiple Entry Visa Payment (MEV)Varies according to nationalities
(between 15.00 - 36.00)JIM
Confiscation FeeVaries according to nationalities
(between 250.00 - 1,500.00)JIM
Free Process (JIM) 125.00 JIM
Visa Pass Temporary Employment Payment (VPTE) 60.00 JIM
For any illegal worker who
does not meet the
requirements, the appointed
vendors shall arrange for his
return to country of origin via
3+1 Programme without
further additional registration
or administration charges.
Payment of levy will not be
imposed/backdated during
the period of working illegally
but instead will be calculated
starting from the issuance of
VPTE sticker by the
Immigration Department
under the Rehiring
Programme.