Working Expats Still Seek Clarity on Returning to Malaysia

For reasons that remain a mystery, when the Malaysian government decided it needed to get people back to work, they still refused to let expats with valid work permits return to their homes in Malaysia. Plenty of expats were in the country already when the pandemic prompted a nationwide lockdown, but the expats who had the misfortune of being outside the country when the lockdown was implemented were suddenly being treated as pariahs.

By all accounts, there were less than 1,000 expats affected, and by definition, they tend to hold fairly senior or critical roles in their respective companies. Malaysia has made it quite hard to obtain a work permit, so it had already been decided that these expats would take jobs that needed to be filled and could not easily be taken by Malaysians.

Most companies have to produce a justification letter explaining why they need an expat for the position they are trying to fill. Given that the government stated they were keen to see economic growth after the steep downturn related to the Covid-19 crisis, it seemed strange that they would not want all the senior-level staff back at work, regardless of nationality, to help get the economy moving.

However, for a long while, they still refused to let expats back in. This was not because of the threat posed by Covid-19, because frankly, the risk was negligible, given the small total number of affected expats and the fact that Malaysia could have them tested and quarantined to ensure they were virus-free before starting work. Still, though, the government was steadfast in its decision to bar all expats from re-entering Malaysia.

Eventually, several weeks after opening numerous sectors and encouraging others to start work, the government decided to let expats come back to their homes and families, but made it quite difficult. Their companies had to make a written request, supported separately by the relevant overseeing Ministry, to the Director General of Immigration, who stated that it would be reviewed by a committee to see if they would allow them to return.

Again we could not see any realistic link between Covid-19 containment and the complicated bureaucracy being imposed. It just meant, then, that these expats’ companies would have to continue struggling without them, which could only be a negative factor in getting them to contribute to economic recovery.

WELCOME NEWS

Following a Cabinet meeting on June 17, the government stated they had decided to let certain categories of working expats into the country, namely ones in the highest-paid category and those with the 10-year Resident Pass. These expats are supposedly highly valued by the government, but many are now wondering if that is the still the case. The reports said that the new rule allowing these particular expats back into the country would be effective on June 24, one week from the meeting that produced the decision.

Everyone has waited eagerly for the written confirmation, or perhaps any changes or additional information, since sometimes the message gets confused as it goes from its source to the media to the public. However, now, days later, nothing has been put in writing.

This matters, because unfortunately, unless the immigration authorities issue written directives, key people like frontline immigration officers, airline check-in staff, and overseas embassies do not have current rules. Some overseas embassies are still giving outdated information, and most airlines will not board people if they are not sure they will be allowed into Malaysia.

MM2H RE-ENTRY STREAMLINED

On the positive side of things, the procedures for the return of stranded Malaysia My Second Home (MM2H) visa holders has been simplified and is now quite straightforward, although there were quite a few changes in procedures earlier which caused some confusion. The only real problem now is that after initially saying MM2Hers had to have an negative Covid-19 test in their country of departure within 14 days of arriving here, authorities suddenly dropped the window to just three days, with no explanation offered as to why. This has quite understandably proven very difficult for some people. However, we’re being told that if the test was done a little over three days before arrival, they are still being allowed in, and flight time is not counted against the three-day window. However, most people arriving will still be given a Covid-19 swab test at the airport, which can take up to a few hours. That said, it’s possible that if the date of the test result is more than three days before boarding the flight, the airline may not allow the person to travel at all.

Slowly, most stranded MMHers have been making their way back, and although many of them are very unhappy by not being allowed to return to their permanent homes they had established here, only a few are talking about leaving Malaysia after having been stuck overseas for three months.

IS THERE A DEEPER REASON?

One reason that expats believe might be the reason they are having so much trouble in returning is that Malaysian immigration is trying to send a message that they should leave the country. Malaysia, like many countries, currently has a high level of unemployment, and the government has already stated they do not want jobs to go to foreigners if they can be filled by Malaysians. It’s never quite clear in government announcements on these matters if they’re referring to skilled expats, lower-income foreign workers, or both – rarely is a distinction made, something that clearly does not work in favour of expats.

There is nearly as much political uncertainty in Malaysia now as there is economic uncertainty, so only time will tell if the recent hardline attitude towards expats will be sustained, if the Covid-19 crisis will be the catalyst for a major crackdown on all foreigners working in the country, or if things will settle down and return to a more normal state. Certainly, it is the latter option that is hoped for by the many expats who enjoy living and working in Malaysia, and contributing to its growth and success.