REHIRING PROGRAMME. for Illegal Foreign Workers

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1 REHIRING PROGRAMME for Illegal Foreign Workers

2 REHIRING PROGRAMME for illegal foreign workers aims to... 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

3 IMPLEMENTATION PERIOD 15 February 2016 to 31 December 2016 MODE via Online ( REHIRING PROGRAMME for Illegal Foreign Workers

4 STRICT CONDITIONS must have record of original entry to Malaysia currently employed No criminal record Unqualified illegal workers will be deported Action against employers not registering illegal workers REHIRING PROGRAMME for Illegal Foreign Workers

5 MAIN REQUIREMENT ILLEGAL WORKER CATEGORY A (i) ILLEGAL WORKER CATEGORY A (ii) ILLEGAL WORKER CATEGORY B Illegal worker who overstayed under a Visit 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 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 (SVP). Expiry date of SVP shall be before 01 September 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

6 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

7 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 for the purpose of coordination. The Rehiring Programme is only implemented in the Peninsular Malaysia. REHIRING PROGRAMME for Illegal Foreign Workers

8 ADDITIONAL REQUIREMENTS ILLEGAL WORKER ed 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

9 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

10 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 who are not eligible for the REHIRING PROGRAMME Had been issued with VPTE or SVP however travel document had expired Had been issued with other immigration pass such as Student, Employment, etc. REHIRING PROGRAMME for Illegal Foreign Workers

IMAN BUKTI MEGAH KONSORTIUM PMF Managing applications for Indonesian nationals Managing applications for Myanmar nationals Managing applications for other permitted nationals

11 IMAN BUKTI MEGAH KONSORTIUM PMF Managing applications for Indonesian nationals Managing applications for Myanmar nationals Managing applications for other permitted nationals APPOINTED VENDORS Companies appointed by the Government to assist the Immigration Department of Malaysia in the REHIRING PROGRAMME REHIRING PROGRAMME for Illegal Foreign Workers

12 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(i) NO FLOW CHART ACTIONS REMARKS 1 1. Company Employer or Illegal Worker submit application via online 2. Employer Employer or Illegal Worker attend to Company s premise Company registers Illegal Worker Category A(i) and issues Registration Slip 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. Company arranges Illegal Worker s visit to Embassy and assists in renewal of passport 2 1. Enforcement Company arranges Employer and Illegal Worker s visit to Division, JIM the Enforcement Division, Immigration Department (JIM) Illegal Worker and Employer attend to the Enforcement Division (JIM) Enforcement Division, JIM verifies record of Illegal Worker Illegal worker shall return to country of origin via 3+1 Programme NO 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 port A

13 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(i) NO FLOW CHART ACTIONS REMARKS 2 A 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 to Employer and Illegal Worker 3 Company (on behalf of Employer) attend to FOMEMA and 1. FOMEMA registers details of Illegal Worker 2. Company Illegal Worker undergo medical examination/checkup at clinics registered with FOMEMA 3. Illegal Worker 1. Documents required: Registration Slip (Company) Valid port Copy of receipt of payment for Compound Copy of receipt of payment for Special Illegal worker shall return to country of origin via 3+1 Programme NO 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. FOMEMA informs result of medical examination to JIM B

14 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(i) NO FLOW CHART ACTIONS REMARKS 4 1. Foreign B Worker Division, JIM Company (on behalf of Employer) attend to Foreign Worker Division, JIM 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 2. Company 1. Documents required: Registration Slip (Company) Valid port Copy of receipt of payment for Compound Copy of receipt of payment for Special 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. Foreign Worker receives VPTE sticker END

15 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(ii) NO FLOW CHART ACTIONS REMARKS 1 1. Company Employer or Illegal Worker submit application via online 2. Employer Employer or Illegal Worker attend to Company s premise Company registers Illegal Worker Category A(ii) and issues Registration Slip 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. Company arranges Illegal Worker s visit to Embassy and assists in renewal of passport 2 1. Enforcement Company arranges Employer and Illegal Worker s visit to Division, JIM the Enforcement Division, JIM Illegal Worker and Employer attend to the Enforcement Division, (JIM) Enforcement Division, JIM verifies record of Illegal Worker Illegal worker shall return to country of origin via 3+1 Programme NO 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 port A

16 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(ii) NO FLOW CHART ACTIONS REMARKS 2 A 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 to Employer and Illegal Worker 3 Company arranges Employer and Illegal Worker s visit to 1. OSC, MOHA the OSC, MOHA 2. Employer OSC reports to JIM for enforcement action towards Employer Employer attends to OSC, MOHA OSC, MOHA reviews Employer s eligibility NO B 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 port Copy of receipt of payment for Compound Copy of receipt of payment for Special

17 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(ii) NO FLOW CHART ACTIONS REMARKS 3 B Employer proceeds with levy payment OSC, MOHA issues Letter of Approval 4 1. Foreign Company (on behalf of Employer) attends to Foreign Worker Worker Division, JIM Division, JIM Foreign Worker Division, JIM verifies relevant documents Company (on behalf Employer) pays VPTE, MEV and Process Fee 2. Company 3. Employer 4. Illegal Worker 1. Documents required: Registration Slip (Company) Valid port 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 5 Company (on behalf of Employer) attends to FOMEMA 1. FOMEMA and registers detail of Illegal Worker 2. Company Illegal Worker undergo medical examination/checkup at clinics registered with FOMEMA 3. Employer 4. Illegal Worker 1. Documents required: Registration Slip (Company) Valid port Copy of receipt of payment for Compound Copy of receipt of payment for Special C

18 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(ii) NO FLOW CHART ACTIONS REMARKS 5 1. If Illegal Worker failed medical examination, the C Company shall arrange for his return to country of origin via 3+1 Programme without further additional charges Illegal worker shall return to country of origin via 3+1 Programme NO FOMEMA informs result of medical examination to JIM 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 Company (on behalf of Employer) attends to Foreign Worker Worker Division, JIM Division, JIM 1. Company will only be allowed to charge RM400 upon VPTE sticker received by Foreign Worker Foreign Worker Division, JIM verifies Illegal Worker s result of medical examination 2. Company 3. Employer Foreign Worker Division, JIM issues VPTE sticker Foreign Worker receives VPTE sticker END

19 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY B NO FLOW CHART ACTIONS REMARKS 1 1. Company Employer or Illegal Worker submit application via online 2. Employer Employer or Illegal Worker attend to Company s premise Company registers Illegal Worker Category B and issues Registration Slip 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. Company arranges Illegal Worker s visit to Embassy and assists in renewal of passport 2 1. Enforcement Company arranges Employer and Illegal Worker s visit to Division, JIM the Enforcement Division, JIM Illegal Worker and Employer attend to the Enforcement Division, (JIM) Enforcement Division, JIM verifies record of Illegal Worker Illegal worker shall return to country of origin via 3+1 Programme NO 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 port A

20 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY B NO FLOW CHART ACTIONS REMARKS 2 A 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 to Employer and Illegal Worker 3 Company arranges Employer and Illegal Worker s visit to 1. OSC, MOHA the OSC, MOHA 2. Employer OSC reports to JIM for enforcement action towards Employer Employer attends to OSC, MOHA OSC, MOHA reviews Employer s eligibility NO B 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 port Copy of receipt of payment for Compound Copy of receipt of payment for Special

21 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY A(ii) NO FLOW CHART ACTIONS REMARKS 3 B Employer proceeds with levy payment OSC, MOHA issues Letter of Approval 4 1. Foreign Company (on behalf of Employer) attends to Foreign Worker Worker Division, JIM Division, JIM Foreign Worker Division, JIM verifies relevant documents Company (on behalf Employer) pays VPTE, MEV and Process Fee 2. Company 3. Employer 4. Illegal Worker 1. Documents required: Registration Slip (Company) Valid port 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 5 Company (on behalf of Employer) attends to FOMEMA 1. FOMEMA and registers detail of Illegal Worker 2. Company Illegal Worker undergo medical examination/checkup at clinics registered with FOMEMA 3. Employer 4. Illegal Worker 1. Documents required: Registration Slip (Company) Valid port Copy of receipt of payment for Compound Copy of receipt of payment for Special C

22 APPLICATION PROCESS REHIRING PROGRAMME FOR ILLEGAL WORKERS CATEGORY B NO FLOW CHART ACTIONS REMARKS 5 1. If Illegal Worker failed medical examination, the C Company shall arrange for his return to country of origin via 3+1 Programme without further additional charges Illegal worker shall return to country of origin via 3+1 Programme NO FOMEMA informs result of medical examination to JIM 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 Company (on behalf of Employer) attends to Foreign Worker Worker Division, JIM Division, JIM 1. Company will only be allowed to charge RM400 upon VPTE sticker received by Foreign Worker Foreign Worker Division, JIM verifies Illegal Worker s result of medical examination 2. Company 3. Employer Foreign Worker Division, JIM issues VPTE sticker Foreign Worker receives VPTE sticker END

REHIRING PROGRAMME. for Illegal Foreign Workers

REHIRING PROGRAMME. for Illegal Foreign Workers REHIRING PROGRAMME for Illegal Foreign Workers OVERVIEW The Rehiring Programme of the Malaysian Government, involving illegal foreign workers, is aimed at giving chance to obtain valid work permits to