Understanding Sarawak's Immigration Autonomy

One of the most important things for employers to understand when hiring foreign workers in Sarawak is that Sarawak controls its own immigration. This is not just an administrative detail — it has real implications for how you recruit, apply for permits, and manage foreign employees.

Why Is Sarawak Different?

Sarawak's immigration autonomy is grounded in the Malaysia Agreement 1963 (MA63). Point 6 of Sarawak's 18-Point Agreement — the terms under which Sarawak joined the federation — specifically states that the federal government should not allow a person into Sarawak without the approval of the Sarawak government.

This is reinforced by Part VII of the Immigration Act 1959/63 and protected under Article 161E of the Federal Constitution, which gives Sabah and Sarawak veto rights over constitutional amendments affecting their special provisions. In practice, this means Sarawak has its own immigration policies, application processes, and approval systems — separate from those in Peninsular Malaysia.

What This Means for Employers

Sarawak's immigration autonomy has several practical consequences:

• Separate application process — Applications for foreign worker permits, employment passes, and professional visit passes must be submitted through Sarawak's own immigration channels, not through the federal system used in Peninsular Malaysia.
• Passes are not interchangeable — A work permit issued for Peninsular Malaysia is not valid for Sarawak. Similarly, a Sarawak-issued permit does not grant the right to work in Peninsular Malaysia. If a worker needs to operate in both regions, separate applications are required.
• Different government bodies — While the same national agencies exist (Immigration Department, Labour Department), Sarawak has its own offices and procedures. Jabatan Tenaga Kerja Sarawak (JTKSWK) handles labour matters specific to Sarawak.
• Companies must be Sarawak-based — To sponsor foreign workers in Sarawak, your company must be registered and operating in Sarawak. A company registered only in Peninsular Malaysia cannot directly sponsor workers for Sarawak.
• Entry requirements — Even Malaysian citizens from Peninsular Malaysia must pass through immigration control when entering Sarawak. Foreign workers are subject to Sarawak's own entry conditions.
• Job advertising required — Before applying for most work passes, employers must post the position on JobSarawak for a minimum of 3 working days and advertise in a local newspaper to obtain a Hiring Outcome Report.

Common Misconceptions

Sarawak's Divisions

Sarawak is the largest state in Malaysia, covering a vast area with diverse industries across its divisions:

Each division has different dominant industries — from oil palm plantations in the interior to construction and manufacturing in the urban centres. Your workforce needs and the application process may vary depending on your location.

Sarawak's Own Systems

Sarawak's immigration autonomy extends beyond just separate application forms. The state operates entirely independent systems:

• Medical screening — Sarawak uses SAFHIS (Sarawak Foreigners Health Information System) for foreign worker medical examinations, not the FOMEMA system used in Peninsular Malaysia
• Identity cards — Foreign workers in Sarawak are issued a Non-Sarawakian Identity Card (NSIC), a Sarawak-specific document
• Labour licensing — Employment licences are issued under Section 119 of the Labour Ordinance (Sarawak Chapter 76), administered by JTKSWK
• Integrated digital immigration platform — Sarawak is transitioning its foreign worker and professional pass applications to a unified digital system, streamlining submissions and tracking for employers and agencies

Why This Matters

If you are a business expanding into Sarawak from Peninsular Malaysia, or if you are an international company setting up operations in Sarawak, understanding immigration autonomy is essential. Working with a local agency that knows Sarawak's system ensures your applications are submitted correctly and processed smoothly.