The situation
The Central Immigration Department of Kuching, Sarawak, has announced that effective October 29, 2018, employers seeking to obtain an Employment Pass (EP) or Professional Visit Pass (PVP) in the regions of Kuching, Miri or Bintulu must ensure those foreign nationals do not hold valid work passes in West Malaysia, Sabah and/ or the Federal Territory of Labuan.
Impact
If the employee holds a concurrent work pass in one of these regions, the employer must submit a Work Pass cancelation request and the request must be approved before the employer can apply for a Sarawak EP or PVP.
The work pass cancelation process involves submission of the original passport to the Immigration Department to cancel the work pass, which could take up to three business days. The foreign national’s travel may be limited while their passport is maintained by the Immigration Department.
Background
The policy was presumably introduced to disallow foreign employees from holding multiple work passes in Malaysia and to encourage employers to hire local Sarawakians. Past practices align with protection of the local workforce as well, as exemplified by a moratorium imposed by the Sarawak Immigration Department on EP applications on behalf of employees in the oil and gas industry in August 2016; and the enforcement of the rule to advertise available positions for EP applications filed in Kuching without any exceptions or exemptions in September 2016.
Looking ahead
Fragomen projects that other regions in East Malaysia will adopt this restriction as well. Fragomen will report on developments as they occur.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.
Blog post
Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Blog post
Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.
Media mentions
Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.
Blog post
Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Blog post
Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.
Media mentions
Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.