New requirements for Employment Pass Applications through MDEC

fayzandotcom

Active member

Member since 17 April 2013

Subang Jaya

fayzandotcom

28 August 2016 22:06:32

fayzandotcom

28 August 2016 22:06:32

Subang Jaya

Hi All,

First I want to share that there are some new requirements for EP applications from MDEC which will effect from 1st of September 2016. You can find the details on following link.

https://www.fragomen.com/knowledge-cent … yment-pass

Second, I want to take advice/guidance for my situation.
I got a job offer which I accepted and resigned from my current company, and now serving 2 months of notice period. My current company have provided me the NOC (or release letter) and told me that they have initiated the EP cancellation process. Everything is smooth with the current company....
Then I submit the NOC to the new company so that they can process my new visa. But the new company told me that due to the new immigration rules they cant apply my EP now, they have to wait until my last day of notice period (which is also i suppose will be the last day of my EP validity as its cancelled).
But I check the immigration rules and haven't find any requirement like this. So actually I need to know following two things.
1. My current company have cancelled my EP. When this visa cancellation will be effective? on the last day of my notice period (i.e. 7th October) or they put some buffer?
2. When should my new company have to apply visa for me? They have to wait for my last day or should apply now?

Looking forward for advice and guidance in this matter. Thanks in advance!

Regards,
Fayzan Siddiqui.

Ganeshen

Member

Member since 06 September 2015

Kuala Lumpur

Ganeshen

15 September 2016 09:47:00

Ganeshen

15 September 2016 09:47:00

Kuala Lumpur

Hi Fayzan,
It is pretty simple. Your cancellation of EP would be the date mentioned on release letter (NOC), once you provide acknowledgement letter & NOC to MDeC,then physical cancellation will be done and shorten/amend the period of stay to the date mentioned in NOC.

If you are in EP category III and changing to new employer in Category III as well. Category III is for the range between RM 2500 to 4999.99 salary which was effective from 15.09.2015 then 3 months cooling off period applicable. Need to go back to your country or else where for 3 months.

If you are different category and changing employer then new employer can proceed to submit stage 1 documents and should get approval and then along with physical cancellation copy and tax clearance your new employer can approach for stage 2. In this scenario, no exit is required.

I hope it clarifies and helps you.

Cheers,
Karthi