PETALING JAYA: Foreigners on social visit passes must abide by immigration laws, says Immigration director-general Datuk Zakaria Shaaban (pic).
He said this is regardless of the type of visa or pass they hold, adding immigration laws clearly state that foreigners entering Malaysia on a social visit pass are not allowed to be employed or conduct businesses of any sort, big or small.
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Zakaria said that Malaysia, as a sovereign state, has the right to blacklist and deport those found to be flouting the law.
He was asked about foreign nationals entering the country as tourists but instead taking up unauthorised employment or engaging in illegal business activities in violation of Regulation 39(b) of the Immigration Regulations 1963.
“Upon conviction, they are liable to a fine of up to RM1,000 and/or imprisonment for a term not exceeding six months, or both. The individual will also be blacklisted and deported to their country of origin,” he said.
Zakaria said there were no two ways about it when laws clearly state the conditions of entry.
Meanwhile, a migrant-rights NGO said the government should create more channels for foreigners to start their small businesses legally, which could ultimately contribute to a more vibrant economy.
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North South Initiative (NSI) director Adrian Pereira said the Immigration Department should consider issuing visas that allow eligible foreigners to work legally, rather than relying solely on punitive measures.
“Why are we targeting small businesses run by foreigners when we do not point fingers at western commerce chambers and say they are also 'stealing' our 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.
He said although some of these small businesses run by foreigners on social visit passes may impact opportunities open to Malaysians, this should not be made worse by misinformation about migrants running businesses.
“I think it’s a shame that we are not competitive. Migrant workers are just looking for opportunities with many entering into joint ventures.
“In the global capitalist world, they call this ‘partnerships’ but at the local level, they use the term ‘Alibaba’.
“I think it’s important we learn from this and encourage competition and collaboration.
“Of course, the rule of law has to be respected but we need flexibility,” he said.
Pereira added that Bangladeshis should be able to sell to their Bangladeshi counterparts or Nepalis to their Nepalese counterparts as they may have special needs and products for their communities.
“So expand the visa, rather than create an opportunity for underground or black markets to flourish. Formalise it and make the businesses taxable.
“These businesses do not affect Malaysians’ rice bowls. What the government should do is encourage special visas and creative visas. We will see a robust and creative economy flourish locally,” he said.
