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Employment Pass Stage I delay and questions

Hi there,

my husband has been offered a position as a Digital Marketing Manager (EP Category II) for an accounting/immigration firm in KL.
We have been discussing the process for his employment pass with the company since December, but I believe they actually sent the documents over to the immigration department around beginning - mid January.
We are still waiting for a decision and have now been told that the officials would like to see certified copies of his education certificates and passport. Is this delay normal, taking all the national holidays into account? Also, is it common for the relevant immigration department to ask for certified copies from the Malaysian embassy before making a decision?
Another question: while he does have his degree certificate and passport ready to be certified, his most recent Diploma is in a digital format only (electronic certificate), hence we would probably have to wait too long until a paper copy is posted to us. Would the immigration department be flexible about it? Any way we could sort this out?
For your reference, we are UK citizens.

Thank you for your assistance.

Considering its an employer who is involved in immigration it is pretty remarkable that they did not get their own application correct. Look at Annex D - https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

The average time after submission of all paperwork (and other approvals) is still about 3-4 weeks.   I have a suspicion that as the regulatory body is probably another government department they are hyper-sensitive to employing foreigners to do what is actually a local type of job - hence the scrutiny which is probably to prove the candidacy is relevant to the job and a foreign hiring.

I expect if you can print the online diploma (or some form of proof) then it can be endorsed that way. You could see if the course provider can also issue a letter confirming the qualification to use alongside the database printout.

It is possible for you to check whether in fact the application has been rejected and the company is actually appealing the immigration decision here:

https://esd.imi.gov.my/portal/application-status/

If that is the case, it will clarify the situation more, especially as appeals can take up to 2 months to resolve.

If the situation is just about highest diplomas not according to Annex D, then the submission has not yet been processed in any way.

Thanks for your useful info and prompt reply, Gravitas.

I was also surprised they might not have got the application right, since they deal with these  sort of things on an everyday basis. They seemed pretty unaware of the recent changes in terms of employment category minimum contract length and so on.

Had a look at Annex D, and I have identified a few possible issues:

1. We were asked to provide a copy of my husband's passport, but with no specification that all pages must be visible, so he only provided the cover + passport particulars page.

2. The employer's address was not specified in the employment contract they have sent to the relevant immigration department.

3.  My husband's university  has been renamed a few years ago (although we already specified this).

4. I have tried to check the application status on the link you provided, unfortunately it says " No Record Found". Not sure if this can help, but I remember the HR person in charge mentioning they have submitted the application to the MIDA department.

5. His future employer is an accountancy & immigration agency mainly dealing with company incorporation for expats. Its headquarter is in Singapore and my husband would work in their KL branch.

We are trying to get in touch with the course provider to see if they can send a paper copy of his most recent Diploma.

Sorry about the long post : )

MIDA is the regulatory body that seems to be the one to approve the application before it goes to immigration.

So it looks like the company are having a second bite of the cherry to get their application paperwork in order. That is good news because it means the application has not actually been rejected. Just, so far it is incomplete. The checker says "no record" because no application to immigration has been made yet via ESD.

Page 15 of the guide explains a bit about the first level regulatory approvals needed. If you seach that doc for key words you can find other mentions.

Yes, complete passport has to be submitted unless the rules have changed very recently. I sincerely doubt this as it is the Malaysian way of doing things.

I guess the company needs some handholding from your side   :-))  You should be aware that the level of admin nous can be a bit mediocre.

I would suggest keeping everything simple and if the degree says X then write it down that way and don't try to explain. It is going to be certified anyway. Just be sure how exactly the certification should be done because sometimes they want it on the actual document and sometimes its a CTC - cert. true copy.

Do take a look at what is needed for your spouse Dependent Visa too, so you know what you are going to have to find or certify for that part.

Thanks Gravitas, we feel a bit more relieved that it may not be bad news after all. I guess we just need time and patience.

A couple more questions, if it's not too much trouble: once we get the certified documents from the Malaysian embassy in London, is the company supposed to send our scanned attachments to the ESD online or is it the Embassy's job to send them via post to the relevant officials in Malaysia?
Say the MIDA is satisfied with the documents certified by the Malaysian embassy, what comes next and how long does it usually take to get the final approval?

I'm asking this because my husband's contract in KL was supposed to start at the beginning of April. I guess we'll have to speak to the company and ask them to postpone the starting date (we still need to give a month's notice to my husband's current employer, landlord and arrange flights). Also, we need to obtain a Dependent Pass for myself and our little one.

Will post an update once things get finally sorted, it may help others in a small similar situation.

Thanks again!

Seems to be a new Guide - https://esd.imi.gov.my/portal/pdf/tc-es … y-2018.pdf

Thanks Gravitas,

It seems like the info on this guide haven't changed significantly.

If you can, would you be so kind to have a look at the questions on my previous post and let me know your thoughts? Sorry, we just feel a bit confused about the whole EP process at the minute : )

I don't think the Embassy is involved in anything other than the stamping.

The company uploads them into the ESD online system. I think you provide them to the company - but you will need to check this. It could be that scanned stamped copies will be sufficient at this stage.

It used to be like this and the originals were sometimes requested before Stage II (endorsement of the pass in the passport) was carried out, But ESD is quite new and their workflow is not common knowledge. Immigration processes change quite regularly

If MIDA approve then Immigration says it takes them 5 days to issue the Visa Approval Letter. The start date is just an indication (I know it is not the same for you as you need answers). Definitely don't resign until you have the VAL.

Do check the documents needed for the DPs in case you also need them stamped at the High Commission/Embassy.

The usual time for an approval is about 2-3 weeks i.e.10-15 working days and a bit longer if a Visa with Reference single entry visa is required. (UK citizens don't need one as they have 90 day entry). There is a public holiday here on May 1st and Ramadan starts on 17 May (everything slows down).

I guess you plan to apply for the DPs after arrival here in Malaysia? Hence the importance of getting any documents stamped. There is a charge for "Journey Performed" applications of about RM500 per Pass I think.  All the charges are mentioned here: https://esd.imi.gov.my/portal/downloads/

Thanks Gravitas.

I suppose it may be worth getting our Dependent documents certified too, so that everything is ready (in case of a successful application). Otherwise, shall we just enter Malaysia on a tourist visa and get the DP once in the country, is that an option?

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