Wednesday, February 24, 2021

COVID-19, MCO and Malaysian Immigration Checkout Memos for Domestic Helpers (FDW)


Jabatan Imigresen Selangor Memorandum Periksa Keluar/Selangor Immigration Checkout Memo for Domestic Helpers (FDW) and COVID-19 testing.

This brief note is for all of us Selangor denizens who are wondering what to do and where to go to get the Exit Memo (or rather, Checkout Memo), now that your domestic helper's contract is coming to an end and arrangements for returning home need to be made. This applies only if you send your FDW home in time before/as their visa expires at the end of their employment. 

We observed that Malaysian Immigration is still operating and their FDW services are still operating as usual.  Thus, bear in mind that there are administrative penalties (blacklists, fines, and jail time) for overstaying in Malaysia and the "sorry, MCO" excuse cannot be utilised as of right.  After you have done the Checkout Memo, in the event a total MCO lockdown happens in 2021 and/or the return flight is cancelled (either of which is hopefully not going to happen) we note that Immigration has so far given a grace period of 14 days after the end of the last 2020 MCO and the current MCO for the FDW to exit without having to redo their Exit Memo. 

Before Departure

So now, make your way to Jabatan Imigresen Selangor at Kompleks PKNS at Persiaran Tasik, Section 14, 40000 Shah Alam, Selangor.  Take the Lift to Level 2 Block E and go to the specific numbered Counter for FDWs whose visa is still valid and who has not overstayed yet due to the MCO. At present this is Counter 19-20, but the counter numbers do change. The place is labyrinthine but you'll get there as there are signages. Request for the  Memorandum Periksa Keluar/Checkout Memo to be issued. 

The Immigration Officer on Duty will request the following:
1. Photocopy of the FDW's passport pages that contain the biodata and latest visa. 

2. Photocopy of the Employer's NRID/MYKAD/Passport.

3. Flight ticket/e-ticket for the Intended Flight Date.

4. Letter of Application for the Checkout Memo.
Contents of the above letter-just state briefly that "I am the employer of Mr/Ms ABCS [Passport Number/Visa Expiry Date-copy attached] who has successfully completed their employment contract with me [Name/NRID/Passport#-copy attached] and they intend to exit Malaysia to return to their country of origin via Flight No XYZ[copy of e-ticket attached]. All their salary payments have been paid out successfully to Mr/Ms ABCS. Please proceed to issue the Memorandum Periksa Keluar/Checkout Memo in their favour. Many thanks in advance." Sign it and date it. It is up to you whether to put your contact details underneath your signature. We think it might be best to do so, but it is utterly up to you. 

5. Proof of Salary Payment.  The Immigration Officer is empowered to request, if necessary, for proof of all salaries paid to the FDW thus far. So far we have not had them ask our clients for this but you never know what can happen. Keep a pdf excel sheet of all payments made together with the salary payment confirmation slips in case this becomes necessary.

6. COVID-19 test clearance for all foreign workers
PCR or Antigen COVID-19 negative test certificate

Immigration seems not to request for the test clearance certificate for issuance of Checkout Memo, but you have to produce the test clearance certificate at the airport to get to the boarding gate as it appears to be a requirement of most if not all of the receiving countries. Nothing is stated on the Immigration website to this effect, but this is from the recorded experience of those who have recently gone through the process. 

We also note that Air Asia and MAS both do caution that passengers must have a PCR or Antigen COVID-19 negative test certificate dated not more than three days (72 hours) prior to departureThis caution is also noted on the website app of the Indonesian Health Ministry and various other health ministries of other receiving countries. In particular,  most of the regional authorities (Singapore,Thailand, Philippines, India, Bangladesh, Korea)  seem to have similar requirements currently for the COVID-19 test certificate to be dated 72 hours before departure. For some areas like Bali, Indonesia, this is reduced to 48 hours before departure! Thus, as always, things are subject to change with the COVID-19 situation in a constant state of flux, and therefore it is prudent to check with the relevant health and immigration authorities one week before departure on the processes that apply for your FDW's return to their country of origin. 

After Successful Departure

7. After the FDW has exited Malaysia successfully, inform the Manpower Department (JTK) of the successful exit. 

That was simple we know, and please be aware that procedures can be updated by Immigration from time to time. Always do the due diligence to check the Immigration website and it is really is best to google/email/telephone the relevant Immigration branch office to confirm details before you make your way there.  Please be informed as well that this Note on COVID-19, MCO and Malaysian Immigration Checkout Memos for Domestic Helpers (FDW), does not amount to legal advice. If you require professional assistance, do proceed to appoint an immigration lawyer to assist you. You can find immigration lawyers from the Malaysian Bar Council legal directory online. 

We will write another note about those FDWs and foreign work-staff who have overstayed their visa validity/passport expiry, in due course.

Stay safe. Best regards from Anne and Melani at Messrs Varghese Yeoh and Co.

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