Sole proprietor

Hi,

My wife, who is a local Malay, is thinking about setting up a sole proprietor business through enterprise as a means to hired me and thus I will get my work visa. Has anyone gone through something like this and is it even feasible. Any replays will be greatly appreciated.

Thanks

If you establish a company in Malaysia for the purpose of getting a work visa I guess you will fail. That is any thing else than simple as the restriction of hiring a foreign person are incredible high.

Have a look in establishing a Labuan company - there it is easier to get a work permit. It is a bit more costly but the chances are good that you achieve your goal.

Best

Andreas

The Labuan-based company could be set up by yourself, but it does involve costs apart from establishment, such as a public entrance to dedicated office space i.e. a serviced office is sufficient, as well as a dedicated telephone number. If you want to operate in peninsular Malaysia, you would need to base the sales office there and run the company from Labuan using a Company Secretary. Depending on the line of work you intend to do, what type of licences you would need to obtain.  However, the huge disadvantage with this whole approach is earnings the company makes cannot be in Malaysian Ringgit. Therefore, it is not suitable if you intend to derive your income from the Malaysian market and receive payments from it in local currency.

Read the first paragraph of the link below thoroughly and follow the links to understand whether what your wife is trying to do is feasible. I think not, because there is no ability to hire staff. Not only that, option b) with several partners would be Malaysian nationals.

http://www.ssm.com.my/en/sole/starting- … artnership

The danger is both sole proprietorships and partnerships do not limit your liability to the business alone – if you are sued, you may stand to lose your personal property and belongings. To limit it, a limited liability company is formed (Sdn Bhd) instead, but it comes with a lot more costs and paperwork.

There is no way around Malaysian immigration and corporate formation rules. I can assure you. The only way to be able to work is to set up a company with yourself and a group of Malaysian and all put in the RM350k required. That way you may get a work permit in due course. Otherwise you need to get a job offer from a company that has sufficient paid up capital to be eligible to hire foreigners.

Hi, I think the one that your saying is quite difficult. Applying a work permit in Malaysia is very hard (unless you're willing to pay an agent to do it for you), I get mine after I married a Malaysian guy and find a company that willing to hire a foreigner. I've been living here for almost 5 years now and haven't get my PR yet.  I'm a sole proprietor here in Johor Bahru under my husband's registered company.

If you want to know more about my experience applying such things don't hesitate to ask.

Happy New Year
Sasha >3

Hi Sasha, may i know what kind of visa you are using to work in your husband sole proprietor? Does he needs to apply for any documents?