Immigration weekly update: August 27, 2019


Malaysia: The Malaysia Digital Economy Corporation issues new requirements

The Malaysia Digital Economy Corporation (MDEC) has issued a new requirement with immediate effect for newborn children in Malaysia and certificates for applicants from Nigeria.

Impact

Any newborn child’s parent/guardian in Malaysia must apply for a Special Pass (SP) in order for a Dependent Pass (DP) to be approved. The SP will facilitate the child’s stay in the country while waiting for the approval of the DP. The application must be made before six months of age at the Immigration Unit in MDEC. Any application for a child aged seven months and over must be made physically at the Enforcement Unit (immigration department in Putrajaya).

As of Sept 1, 2019, Nigerian nationals submitting applications to MDEC for Employment Pass (EP) and relevant passes require hard copies of:

  1. Educational certificate and original attestation/original certified true copy (CTC) from the Malaysian High Commission in Nigeria
  2. Marriage/Birth certificate or proof of relationship documents and original attestation/original CTC from the Malaysian High Commission in Nigeria

Please note:

  • The above is also applicable if the Nigerian authorities issue certificates to other nationalities.
  • The MDEC will retain all documentation.

Looking ahead

Please expect longer processing times for SP applications due to additional child processes and logistics.

This summary was prepared using information obtained from the Malaysia Expat Centre.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon, Regional Immigration Manager (APAC).


Thailand: More stringent rules for landlords

If a foreign national is residing at a landlord’s premises, the landlord must complete a TM30 form (landlord notification of receipt) and submit it to the Immigration authorities. The law requires that a landlord (including hotels) reports the arrival and departure of foreign nationals within 24 hours.

Impact Bangkok, Thailand

Failure to comply can result in a fine being levied on the landlord or an individual hotel. Until recently the immigration department had not been enforcing this existing law.

The law does not specify that the foreign national is personally responsible for the TM30 notification but the immigration department may ask for proof that the TM30 has been completed when an application for a visa extension or a 90-day report is submitted. If this proof is not provided, the immigration officer has discretion to deny an application until a valid TM30 receipt is presented and/or levy a fine (not exceeding THB 2,000 for an individual landlord/ between THB 2,000 and THB 10,000 for the hotel). In some instances, both penalties are being applied.

Looking ahead

The law is not being uniformly applied across Thailand, with different provinces and government offices applying differing requirements.

All foreign nationals should ensure that they have a valid TM30 in place when completing a 90-day report or a visa renewal.

This summary was prepared using information obtained from the Thailand Immigration Bureau.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon, Regional Immigration Manager, APAC.


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