Chance of success/rejection for Visa application and Employment Pass

You need a job offer from a company that can recruit foreigners. The application is made by the company.

Rule of thumb is - if a Malaysian can do the job then foreigners will not be given an  Employment Pass

If you hold an EP then your children would either get a DP or a Student Pass depending on their age.

There is the possibility if you are Common Law spouses that your partner can get a Social Visit Pass (Long Term)

This guide is helpful: https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

1)  Assuming I have the relevant documents (birth certificate, education history, etc) what could go wrong in my application?

Only if your skills are readily available locally.

2)  What could go wrong in the applications for my children?

Nothing really can go wrong once you have your EP approved. But the cost of international schools here can be very high - so you need to be aware of that affect on their schooling.

3)  What could go wrong in the applications for my partner?  (please assume she is either on a Long Term Visit pass or we're comfortable with a dependent pass application with the letter mentioned above)

Nothing if you are prepared to sign paperwork as common law spouses and accept the legal consequences of doing that.

4)  The big one....    What's the rough percentage risk of failure you see on any of the applications?

If the salary is high, there is unlikely to be any objection - but very surprised you would be recruited by a Big 4 successfully as there are so many local accountants. But I guess if you are specialised in say risk management, then that would be more understandable.

It may be best to accept the position in Malaysia on the basis of a successful EP process and perhaps defer your start date if you need a break before settling down. i.e. get the EP approval early.

Thanks for your response Gravitas

I don't believe my skills are readily available locally, hence them willing to recruit me on a good salary. I will be going in at a senior level there.

I understand it would be better to wait...  but there are a number of other personal circumstances that are too long to list here...

Which is why I'm after the risk of failure - I can then assess whether going for it is worth the risk.

From what you're saying, it looks like quite a low risk. Is that right?

Any other opinions forum members?

There must have been a competitive process before the company has any hope of recruiting you. i.e. immigration will probably want to see evidence of this to prove there were no equally qualified local candidates.

The financial services sector is a main local career area

I guess you've looked at the income tax consequences.

I'm not aware of a competitive process as I was head-hunted for the specific role. Given it's a highly specialised and senior role, do you still think this might cause an issue? Obviously I'd need to discuss this with my employer as they are a big recruiter and haven't raised this risk, but do you have any advice on how to manage this risk?

Income tax consequences? I've calculated this as 23% based on the sliding scale. Am I missing something?

There still would need to be evidence presented that the skills were not available among the local workforce. But probably there are only a handful of people in your type of job so that would be evidence enough if they were all foreigners.

https://www.pwc.com/my/en/assets/public … ooklet.pdf

The scale is on Page 7 - it's taxable income after allowances when tax resident.

Yes, that's the scale I used.

I'll need to speak to my employer to see if they envisage any issues with the lack of local competition for the role. I would guess they don't as they haven't raised it so far and are committed to being me over.

Thanks again for your helpful responses Gravitas.

Other forum members: what are your views on my questions at the top?

It is your employers responsibility to obtain the Employment pass for you and your family so given your Employer is one of the Big 4 accounting firms I would expect they would have no problem in getting your visa approved. Once you have your visa the visas for your family are really just a formality (but on this basis your spouse wouldn't be able to work).

Wouldn't be able to work until she herself gets sponsored/approved for a work pass? Or there is no way she would be able to work at all?