Status in ESD Check Application Status is Draft

Hi Gravita,

I have been reading a lot of comments in different websites about EP processing in MY. I also reviewed the step by step process available in the ESD portal. However despite all these, I'm still confused.

I'm from the Philippines and been working here in MY for 2.6 years, I got a better offer last Dec and I did not render resignation until the new employer has processed all relevant steps for them to hire a foreigner.

Sometime Feb 2018  they sent me a screenshot from ESD of the list of supporting docs I needed to provide for the EP processing, they told me that they need the release letter / No Objection Letter as the EP approval is already expected by 1st week of March.

On March 1 I gave them the NOL. However they told me that they are still waiting for the quota approval and currently ESD system has issues which cause further delay.

They haven't submitted my EP application as what supposed to mean by "Draft" in the status.

The previous employer has cancelled the EP online and now requested my passport for EP physical cancellation and asking for the itinerary ticket since I cannot show a screenshot that EP application has been submitted which may save me form exiting Malaysia.

My question would be;
1. should I return to my origin country? Or can I exit to other Asian countries?
2. Can i re-enter Malaysia after 3-5 days as tourist and once EP stage 1 is approved, I will exit again?
3. Is it required that I have the Visa w/ Reference stamp on my passport when I re-enter Malaysia? or an approved EP Stage 1 letter will do?

Thank you so Much and Hope to hear your advice.

Sincerely

Jaycee,

jayceedeesy wrote:

Hi Gravita,

My question would be;
1. should I return to my origin country? Or can I exit to other Asian countries?

It would be complicated to leave the country now. You don't actually need to leave if the approval is being processed. What would normally happen is a start date with the new company would be agreed and the current company would shorten the EP to that date and the new company would submit your passport for 2nd stage endorsement. You can leave to another country but if you then find yourself having to get a VDR, it will be from the Malaysian authorities or representatives there.

But the new company needing a quota could be a longish process as it sometimes requires increase is paid-up capital which requires legal processes. If you shorten your EP and leave on the date shown on your flight ticket (which guides immigration to shorten the pass) but don't have the VAL for new job, you would need a VDR to re-enter for the new job.

2. Can i re-enter Malaysia after 3-5 days as tourist and once EP stage 1 is approved, I will exit again?
Never advisabe to leave the country mid EP processing when changing jobs.

3. Is it required that I have the Visa w/ Reference stamp on my passport when I re-enter Malaysia? or an approved EP Stage 1 letter will do?
Your nationality requires a VDR if you are outside the country.




Jaycee,

Hi Gravitas,

Thank you for your speedy response.

My EP is still valid until August 2018, but the agency of my company is very eager that we Physically cancel the EP since I no longer connected with the company endorsed in my EP and the company only allow 14 days extension of the EP.

My new employer also advice that I follow what the agency has suggested, since the new employer cannot commit on the date when can I start as they rely on the approval of the EP.

I do not want to exit as much as possible, what should I tell my new employer and the agency to convince them to allow me to stay?

Thanks for your advise.

Sincerely
Jaycee

OK - with this new information you don't have any choice but to get your EP shortened and leave the country.

You will therefore have no immigration status in Malaysia and must wait for a Visa Approval Letter and VDR processing to join the new company.

Hi Gravitas,

May I ask if there has been a change in the policy?
Can I get the Visa with Reference in Cambodia or Indonesia or Thailand or any other asian country?
or it should be in the origin country only?

Thank you.

Sincerely,

Jaycee.

You can get it in other countries if you inform the company where you would need to collect it.

I heard something last week though, and that was potentially a change in rule in how Filipinos are recruited and it should now be through Employment Agencies, such as Kelly. I don't know any details and it could be just for BPO type jobs. But it was written about on this forum.

Hi Gravitas,

Thank you for your help and advise.

I'm not aware of that, it's the first time I heard of that news. Let me check the forum for further details.

Hence I hope it is not applicable to all industry.

Thank you again so much. This site is very useful for us Expats.

Sincerely,
Jaycee

Hi Gravitas,

My EP application has been submitted already but the previous employer already shorten my EP until March 23. If we cannot received an approval letter before March 23, I need to exit Malaysia, correct?

My question:

1. I have a flight ticket by March 24,
will I be considered overstaying if pass is valid until March 23 but exit the next day?

2. Can I re-enter after 4 days as tourist?

Thank you.

Sincerely,

Jocelyn

What date have immigration put into your passport?  When I shortened a Pass they gave me 2-3 days to exit - so check on that date.  There may be a problem with your new EP application if you enter while it is being processed and before approval. This is a grey area.

Hi Gravitas,

Thank you for the response.

Do you know if new employer can apply special pass? Because as per my new employer only current employer can apply special pass and they are not yet considered my employer yet.

Do you have or known any instance that new EP application has been jeopardize because the applicant re-enter prior the approval?

Thank you.

Sincerely,

Jocelyn

I have read on this forum of a new employer requesting a Special Pass.

Hi Gravitas,

Good Day.

I would like to verify because someone told me that what she did was she exited Malaysia and re-enter Malaysia as tourist and send the scan copies of her passport to employer for Stage 1 EP, it was approved but she needs to exit and collect the VDR and enter Malaysia to continue the EP Stage 2.
Current she has her EP already.

How long is the processing of VDR? Is it better if i re-enter Malaysia as tourist instead?

Thanks,
JayceeSeeSy

You would need to enter on a VDR to get the EP endorsed.

These days VAL and VDR are normally simultaneously approved. So if everything goes smoothly, for a professional pass it would take up to 4 weeks. This includes the approval by the regulatory sector. What delays applications is if the company screws up the application by not having submitted the correct papers including the exit stamp in passport.

If the EP is under the Foreign Worker system then there is also the medical to complete before clearance is given (medical also for Category III professional pass).

Once you have the documents, its up to you how long it takes to collect the VDR either in home country or elsewhere. The VAL/VDR are valid for 6 months.