How To Check If You Are Already Blacklisted In Obtaining Work Permit?

Hi Expat_Boy,

I invite you to have a look at this thread : Employment pass - Blacklisted.
You may find some interesting information.

Thanks,

Priscilla
Expat.com team

It's often not so much being blacklisted by immigration, but simply being blocked by a disgruntled employer.

Hi Gravitas. What exactly do you mean by blocked by disgruntled employer? So the employer itself has the power blacklist the employee without any help from the Immigration?

Hi Priscilla. I didn't see anything there on how to check if you are already blacklisted?

An employer can block an employee by not cancelling an EP in their side of the immigration database (sometimes even if the actual stamp in the passport has been cancelled). The database needs to be cleared for any further EP applications.

Blacklisting is when an employer reports an employee to immigration who has absconded.

Rule of thumb - never piss off an employer in Malaysia as a foreigner (think of yourself as a guest worker).

Even though it's the employer's bad treatment they can still do that?

It takes two to tango. Employee has no power if things go wrong. which is why it's so important to following all the rules about immigration, such as VDR. Unfortunately its very different being employed as an expat in some companies than in home country. Moving to competitors has to be handled with extra sensitivity. This usually means finishing a contract/EP, leaving the country and then processing a new EP quietly = no problems.

How to process new EP quietly?

And how about seeking the help of the embassy?

Embassy have no powers and would not interfere.  Without a cancellation of the current EP there can be no "quiet" application until after the current EP expires.

I have heard of people hiring a solicitor to try and straighten things out but that is costly and may not be successful.

Unfortunately, I think you are in a Catch 22 situation. It sounds like you left your job without following any procedures and the employer will make your life miserable because of this. Remember they have put some investment in hiring you and they have their business requirements via their staff.

It is never justified to walk away from any job. The best scenario is always the only option and that requires negotiation.

I left my job because my employer breached our contract of agreement. By right, I can leave immediately because the contract has been breached... But of course, what can you expect to a bully employer? They will act like I'm the one who breached the contract. And that's exactly what they did.

Anyway, I have actually raised this to a Malaysian lawyer and to my embassy. And they are saying things different from what you said.

I don't know whose advice I should take. But thanks for your advice.

I guess for now I will take my lawyers' advice since lots of my countrymen who have issues with their Malaysian employer got resolved. I had the chance to chat with them in the embassy and they told me their stories.

Every case is different with unique circumstances but it sounds like your personality is rather firey, which has got you in trouble.

Expats come here on the belief its a free for all and its not. When there is a problem, they leave, including leaving behind all the unresolved issues they think while magically go away while they are in the belief that they will never come back to Malaysia. Then something in their lives change and when they try to come back they are met with road blocks. Id say that no matter how bad a situation is, make sure you (any expat) always does the right thing and has the cleanest hands. As far as Immigration goes, they dont really care about stories and who is telling the truth or not. They process papers according to rules. Follow the rules and its hard to say no to you.

If you believe there was a breach of contract which led to an immigration problem, you need to be in the hands of a lawyer, not a forum. It would be nice though if you followup in here with the results of your case. Meantime, if you are in Malaysia now (you didnt say), why not go to the Immigration office, Enforcement Division, and ask them if you are blacklisted or are free to have an employer submit an application for a visa? In my personal experience, they will say nothing until they rule on an application in front of them but who knows, they might tell you something (if they even know).

The issue may be that the expat has not actually resigned from employment and left everything in the air - as CVCO describes.

@Gravitas

Hi Gravitas, Can employer can block us in immigration if (lets say i have 2 job offers  in Malaysia and i have accepted both the offer and i will have select any of the one where i see it might be great fit as per my career perspectives  ) what do you suggest?