Appeal for Rejection of ESD

I rejected for ESD application on Sep 2017 . after that my company  submitted the appeal letter and they asked me to v the Malaysia cause I hold student visa and I graduated .
I left Malaysia on 16 Nov 2017 and the company submitted the related documents such as eisitng pages of my passport.
Today the company received a notification that   my application is in progress and will take 1-3 months . in other hand the company need me ASAP . what can i do?

Thank you

Nothing to do - have to be outside Malaysia while Stage I is carried out and approval letter is issued by ESD. It is still not certain it will be approved - remember that.

Check with your company if they are required to apply for a calling visa (Visa with Reference - VDR). If you do need one, then you will have to wait and get that in Iran or where you currently reside. It is important they check, because if they wait and only apply for a VDR for you once Stage I approval is completed, it will delay everything even longer (a VDR takes 1-2 months).

Don't be tempted to enter Malaysia too early or it will spoil the process and make problems getting the Stage II done. Don't apply for any other visa while the Stage I EP request is being carried out. Immigration will see your passport at Stage II - so they will also see if you broke the rules.

Thank you for prompt reply, The company is following up very closely with immigration,sine they need my expertise and they want me to be there as soon as my i be approved. with Visa with Reference - VDR can i start my carrier and enter to Malaysia?
This is first time for this company to apply a hire a foreigner , however they already gotten  approval and quota  to hire me. first time the application rejected because my job scope with my  previous experience wasn't match, after that they submitted the appeal letter and mentioned that since this company has some business relationship with middle eastern company and mentioned the name of partners therefore it's required to hire me as middle eastern expertise because i be able to speak and write in Persian and other related languages . They submitted the appeal letter on 30/10/2017 and I left Malaysia on 16/11/2017, and they inform the organisation and following up with them .  Do you recommend  any suggestion?

The company should clarify if the appeal is successful, is a VDR required (calling visa). If the answer is yes and they have not made an application this will delay everything at least 1 month. There is no way around this you have to get the VDR before entering.

It sounds like your staying in Malaysia when the application was first submitted is also the cause of the delay, as well as the mismatched job spec and CV.

I do not predict a smooth process because if a company has submitted a job spec that you are not able to perform because of no previous experience, immigration may come back querying that the company is actually just trying to hire you, and has not advertised the real post properly.

I also think there is an issue with you being employed directly after finishing your very extended studies. So with the perception of a recruitment of convenience, it may also prevent an early resolution. At best, perhaps if they think the company and you are not cooking something, they may agree after a 3 month cooling off period to start the recruitment process. Otherwise they may insist the post is advertised correctly. The other issue that is glaringly obvious, is why you have to be in Malaysia to do the work when you could potentially provide freelance services to the company. All this just leads to the conclusion that you are perhaps leading the recruitment and not the company.

It all depends how much patience immigration has.

I also think you may have no work experience that is recent and relevant to the job which once again is an issue for immigration.

I had 8 years related job epereine in that field, they advertised for this position 3 times but couldn't find a right person. the job tittle that they mentioned in the letter was marketing and communication manager however didn't mention really for middle eastern market. therefore in appeal letter they mention all details for my job's details. I should be in Malaysia because  the company also wants me to do other related tasks.

Hope immigration agree, based on the paperwork submitted

I am so worry about it.if the application again be rejected what I should I do ? They notify to the company that my application will be notice in the earlier meeting,How is my chance?

You would need to apply for other jobs. It may just be a cooling off period of 3 months after you leave Malaysia is going to be applied. The rationale would be rules about moving from a Student to a Work peremit. There is a new chief of immigration recently appointed so there are some changes to immigration practices.

meaning that I don't have any chance?

What is this changes?

The changes have not been announced say on the immigration website. Information is only possible from experiences people are describing at this time. The changes seem mainly to be where some passes are endorsed when circumstances change and other changes involve completely new type of pass e.g. DP to EP for trailing spouse.

In your case they may just be enforcing a cooling off period of 3 months. They may also not be satisfied that the employer has tried to find a local person for the job. It could be the company needs to employ further locals before they can use their quota and hire a foreginer.

You just need to be patient.


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