PETALING JAYA — Foreign nationals entering Malaysia on social visit passes are prohibited from working or operating businesses, regardless of the scale of their activities, says Immigration director-general Datuk Zakaria Shaaban.
He said all visitors must comply with the conditions attached to their immigration passes, adding that Malaysia has the authority to blacklist and deport those who breach its laws, as reported by The Star.
Zakaria was responding to concerns about tourists who enter the country but subsequently take up unauthorised employment or engage in illegal business activities, in violation of Regulation 39(b) of the Immigration Regulations 1963.
Those convicted of the offence may face a fine of up to RM1,000, imprisonment for up to six months, or both.
“They will also be blacklisted and deported to their country of origin,” he said.
Zakaria stressed that the conditions governing entry into Malaysia were clear and must be followed.
Meanwhile, migrant-rights organisation North South Initiative (NSI) has urged the government to consider introducing legal channels that would allow eligible foreign nationals to establish small businesses.
NSI director Adrian Pereira said the Immigration Department should explore visa options that permit foreigners to work legally, rather than depending primarily on enforcement measures.
He questioned why small businesses operated by foreign nationals were being singled out, while foreign commercial organisations were not subjected to similar criticism over their access to local resources and opportunities.
“Every country, of course, is allowed a certain degree of protection and protectionist policies, but business is business and globalisation has pushed the boundaries of trade,” he said.
Pereira acknowledged that some businesses operated by foreigners on social visit passes could affect opportunities available to Malaysians.
However, he cautioned against allowing misinformation about migrant-run businesses to shape public perceptions.
He said some migrant workers were seeking economic opportunities through joint ventures, adding that Malaysia could benefit from encouraging legitimate business partnerships and competition.
“In the global capitalist world, they call this ‘partnerships’ but at the local level, they use the term ‘Alibaba’,” he said.
Pereira said the law must be respected, but argued that greater flexibility could help support collaboration and economic activity.
He also said foreign entrepreneurs should be able to cater to the specific needs of their own communities, such as Bangladeshis selling products to fellow Bangladeshis or Nepalis serving other Nepalis.
“So expand the visa, rather than create an opportunity for underground or black markets to flourish. Formalise it and make the businesses taxable,” he said.
Pereira maintained that introducing dedicated or flexible visa arrangements could help bring such businesses into the formal economy and generate tax revenue.
He said the government should consider special and creative visa options to encourage a more diverse local business environment.
