REHIRING PROGRAMME for Illegal Foreign Workers revised.pdf · REHIRING PROGRAMME for Illegal...

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. . .


via Online (www.rehiring.imi.gov.my)

15 February 2016 to 30 June 2016

IMPLEMENTATION

PERIOD

MODE


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


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


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











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











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








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.



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.



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.


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


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


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


CATEGORY A(i)


2

3 1. FOMEMA

2. Company

3. Illegal Worker



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



origin via 3+1

Programme

YES

NO

FOMEMA informs result of medical examination to JIM


CATEGORY A(i)


4 1. Foreign

Worker

Division, JIM

2. Company



Valid Passport


Compound


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


CATEGORY A(ii)


1 1. Company

2. Employer

3. Illegal Worker

4. Embassy


or Illegal Worker.






2 1. Enforcement

Division, JIM

2. Company

3. Employer

4. Illegal Worker



JIM.

2. Enforcement Division, JIM verifies Illegal

Worker’s record to determine his compliance

to the requirements of Category A(ii).







Valid Passport



Company registers Illegal Worker Category A(ii) and

issues Registration Slip




the Enforcement Division, JIM


Division, (JIM)


Pass

A



origin via 3+1

Programme

YES

NO


CATEGORY A(ii)


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








Valid Passport

Copy of receipt of payment for Compound

Copy of receipt of payment for Special Pass




payment



A

YES


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


CATEGORY A(ii)


3

4 1. Foreign

Worker

Division, JIM

2. Company

3. Employer

4. Illegal Worker



Valid Passport




Compound


Pass

5 1. FOMEMA

2. Company

3. Employer

4. Illegal Worker



Valid Passport


Compound


Pass

B

YES

Employer proceeds with levy payment

OSC, MOHA issues Letter of Approval

Company (on behalf of Employer) attends to Foreign


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



C


CATEGORY A(ii)


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


C

Pass



origin via 3+1

Programme

YES

NO

END



Foreign Worker Division, JIM verifies Illegal Worker’s

result of medical examination




CATEGORY B


1 1. Company

2. Employer

3. Illegal Worker

4. Embassy


or Illegal Worker.






2 1. Enforcement

Division, JIM

2. Company

3. Employer

4. Illegal Worker



JIM.

2. Enforcement Division, JIM verifies record of

Illegal Worker to determine his compliance to

the requirements of Category B.







Valid Passport



Company registers Illegal Worker Category B and issues

Registration Slip




the Enforcement Division, JIM


Division, (JIM)


Pass

A



origin via 3+1

Programme

YES

NO


CATEGORY B


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








Valid Passport

Copy of receipt of payment for Compound

Copy of receipt of payment for Special Pass




payment



A

YES


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


CATEGORY A(ii)


3

4 1. Foreign

Worker

Division, JIM

2. Company

3. Employer

4. Illegal Worker



Valid Passport




Compound


Pass

5 1. FOMEMA

2. Company

3. Employer

4. Illegal Worker



Valid Passport


Compound


Pass

B

YES

Employer proceeds with levy payment

OSC, MOHA issues Letter of Approval



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



C


CATEGORY B


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


C

Pass



origin via 3+1

Programme

YES

NO

END



Foreign Worker Division, JIM verifies Illegal Worker’s

result of medical examination




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.


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.

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