UNHCR Card Holders in Malaysia: Can They Work Without a Work Permit?

There is still some confusion about the status of UNHCR card holders in Malaysia, especially when it comes to employment.

Can someone with a UNHCR card legally work in Malaysia?

The answer is not simply based on whether the individual holds a UNHCR card. Having a UNHCR card does not automatically mean that the person has permission to work in Malaysia.

According to the Malaysian Immigration Department, UNHCR card holders, including Rohingya refugees holding such cards, remain subject to Malaysia’s immigration laws.

This makes it important for both employers and individuals to understand the difference between a UNHCR card and a valid Malaysian work pass or permit.

What Is a UNHCR Card?

A UNHCR card is a document associated with an individual’s registration with the United Nations High Commissioner for Refugees (UNHCR).

However, holding a UNHCR card does not automatically mean that the individual has a Malaysian work permit.

This is an important point for employers to understand, especially when considering whether to hire someone who holds a UNHCR card.

Can UNHCR Card Holders Work in Malaysia?

According to the Malaysian Immigration Department’s statement, UNHCR card holders cannot work without a valid pass or permit.

In other words, having a UNHCR card alone should not be treated as permission to work in Malaysia.

Anyone who wishes to work legally in Malaysia must have the appropriate immigration status and documentation required for employment.

The Immigration Department has also stated that working or carrying out activities in breach of the conditions of a pass may constitute an offence under Malaysia’s immigration regulations.

What About Rohingya Refugees Holding UNHCR Cards?

This is another area where many people may be unclear.

According to the Malaysian Immigration Department’s statement, Rohingya refugees holding UNHCR cards are still categorised as Pendatang Asing Tanpa Izin (PATI) and remain subject to the Immigration Act 1959/63.

However, the statement explains that the exemptions provided only cover two specific immigration offences relating to:

Not having a valid travel document or pass
Remaining in Malaysia beyond the permitted period

These exemptions do not mean that UNHCR card holders are exempt from all immigration requirements.

A UNHCR Card Is Not a Work Permit

This is one of the most important points to understand.

UNHCR Card ≠ Malaysian Work Permit

Employers should not assume that an individual is allowed to work simply because they hold a UNHCR card.

For employers, the key consideration is whether the individual has a valid pass or permit that allows them to work in Malaysia.

The Malaysian Immigration Department also states that employing a non-citizen who does not have a valid pass may constitute an offence under Section 55B of the Immigration Act 1959/63.

What About Employers?

The issue does not only affect the individual who is working.

Employers also need to be careful.

If an employer hires someone who does not have a valid pass to work, the employer may face enforcement action under the relevant immigration laws.

Under Section 55B of the Immigration Act 1959/63, employers who employ non-citizens without a valid pass may be subject to penalties.

For this reason, employers should not simply rely on the card or documents presented by an individual.

Instead, their immigration status and permission to work should be properly verified.

What Should Employers Check?

If you are an employer considering hiring a foreign worker, do not rely solely on a UNHCR card or other documents presented by the individual.

Some of the key areas to check include:

The individual’s immigration status
The pass or permit they hold
Whether the pass or permit allows them to work
The validity period of the document
The applicable immigration requirements for employment

A document may appear valid, but that does not necessarily mean the individual has permission to work in Malaysia.

Don’t Confuse UNHCR Status With Permission to Work

One common misunderstanding is treating UNHCR status as equivalent to having a valid foreign worker work permit.

These are two different matters.

A UNHCR card relates to an individual’s registration or status with UNHCR.

A work pass or permit, on the other hand, relates to the legal permission to work in Malaysia.

Therefore, employers should consider the applicable immigration requirements rather than relying solely on whether an individual holds a UNHCR card.

Conclusion

If you are asking, “Can UNHCR card holders work in Malaysia?”, it is important not to assume that the card itself is a work permit.

Based on the Malaysian Immigration Department’s statement, UNHCR card holders remain subject to Malaysia’s immigration laws and cannot work without a valid pass or permit.

For employers, this is particularly important because employing a person who does not have a valid pass may result in enforcement action under the relevant immigration laws.

Before hiring any foreign worker, make sure their immigration status and relevant employment documents are properly checked.

Planning to Hire Foreign Workers in Malaysia?

Not sure whether an individual’s immigration documents allow them to work legally in Malaysia?

Get the correct information and verify the relevant requirements before making a hiring decision.

Getting the right information at the beginning can help your company avoid unnecessary issues later.

Note: Immigration requirements and employment regulations may change from time to time. This article is intended for general information only and does not constitute legal advice. Employers should refer to the Malaysian Immigration Department or the relevant authorities for the latest requirements before making any employment decision.