Malaysia EP rejected, what options do I have

Hello Expatians

I am a supply chain consultant and my employer is starting a long term consulting project in Malaysia for which I had to move to KL for 24 months. However, My EP got rejected. Reason stated is that no special skills required for this job and options can be explored locally.

Now this is a special skillset job and one of my fellow colleague with exact similar JD got the EP. My employer has said that they will appeal against the decision. What are the chances that EP can be approved during appeal? If not, after how much time can I again apply for EP?

Also, I am exploring another opportunity in KL for a different company. My question is if I land this job, would there be any complications since my EP got declined once?

Appreciate your help.

RS

If you do land another offer that company can apply for an EP.  The current company just has to stop their process in the ESD database.

Appeals are often time consuming i.e the company has to bring new evidence to why you should be recruited (not just reapply with the same paperwork). Immigration have to review this. Often companies are required to prove no local candidates are available by readvertising the position for a month or so.

If you can understand what got your colleague (also a foreigner) hired and not you, that is of course the best route to take.

As long as your qualifications and experience match exactly the JD then another application can be made

However, you don't say if you have the minimum qualifications for an EP in Malaysia i.e. degree and 3 years' relevant experience.  For a supply chain consulting job, immigration would expect you to have done the same type of projects before. If you are considered too junior for the role and Malaysians with similar experience are available, then immigration will not approve.

If it's your experience that is insufficient then you would need to wait the number of years to get this under your belt.

Thank you for your response. I have 9+ years of experience in same field and my JD exactly matches my experience.

I spoke to the Visa consultant and they are also very surprised since my colleague only has around 5 years of experience and I have 9+ years.

Just in case if appeal doesn't work out, what is the cooling period before i can apply again?

There is no cooling period. Perhaps you are too senior for the role. Malaysia is cracking down on middle management foreign recruitments. Those jobs are for Malaysians.  So a person can be both under qualified and over qualified or impinging on career skills that Malaysians have. The rule of thumb is that no foreigner can apply for a "supervisor" role.

Thank you for your response. Perhaps you are right.

So I'll just have to wait and see if appeal is successful. If not, I may have to reapply again.

Hi @Gravitas

I have almost landed the other job in KL, while my current EP (which was declined) is still under appeal.

Can I know would there be any impact on my new EP once I ask my current company to stop their process in ESD database?

What are the chances that my EP can be declined again?

Appreciate your response.

What was the reason given for the rejection? Oh yes, I re-read and it is "no need to hire a foreigner".

That might happen again with another senior job i.e. supervisor level jobs go to Malaysians.

So it is 50/50 chance, depending on what the new job is. Middle management jobs are now the target of immigration to ensure the local workforce is given first priority.

Yes, you can ask your current company to stop the appeal

Hi

It's not a supervisor job. It's an individual contributor role.  And the new company would probably apply under my other skillset.

I hope there would not be an issue now?

I guess it depends what your other skillset is and whether it is readily available in the local workforce. i.e. it is not necessary to hire a foreigner (again)

As far as I know, it's not.

Keeping this aside, my major concern is if there is a good chance that my declined EP application would in any case hamper my new EP.

Not really if it is another type of job for which you have qualifications and experience. The rejection has been based on the Job Description that the company presented.

Thank you for your prompt help.

Much Appreciated! terima kasih :)

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