Hi,
I am working in IT company in Malaysia, and recently I got an offer from another company in Malaysia. So, I gave my resignation letter to the current company.
May I know what is the process of transferring the Employment Pass?
a) How long it takes to cancel Employment Pass. Can it be done with immediate effect or after applying it takes some time? and how long?
b) When should my new company apply for the new EP? Is it after my current one canceled or my new employer has to apply for DP10 first (Stage 1) and If DP10 get approved only then my current company cancel my EP?
c) When my current company will give me the tax clearance? Is it on my last day or 1 month before my last day?
Can anybody please tell me what is the exact process?
Thanks in advance.
Cancellation and Renewal of Employment Pass in Malaysia
The important thing is if your current employer will give you a No Objection Certificate (NOC/NOL) and so release you from their contract.
They will and they already accepted my resignation and agreed to release me.
but my current company is small, so the HR need suggestion how to proceed so that new company can also proceed.
I think the new company should apply with your NOC and then immigration will request the current company to cancel your EP in order to proceed.
are you sure about this?
any reference?
Well what do you think should happen? The forum has detailed this situation before. Current employer can cancel EP immediately before new employer applies. Same difference really. Just if there is any problem with new application it becomes apparent earlier (e.g new employer has no quota). Worst case scenario is you leave the country at the end date of cancelled EP and new employer processes request while you are in home/other country and you then enter after approval. Best process is while you are in country and without need to leave.
as you said the current employer can cancel my EP immediately
that was my question actually
coz i was wondering if its immediate process or takes time
Everything takes time as immigration is busy. With any cancellation a date has to be provided to immigration to act upon. The problem with cancelling an EP before the new application is the new EP might not be approved or processed in time (synchronisation) and in those circumstances it can require a Special Pass or to leave the county to remain legal (which is messy). Hence the suggestion that the new employer makes their application first before the cancellation. Don't worry, immigration do this everyday. They will guide the process. The only issue that arises is if the NOC/NOL is not going to be provided. Secondary issue can be if your income tax payments and paperwork is not in order. https://www.fragomen.com/insights/blog/ … s-malaysia
By the way it's not a "renewal" of an employment pass as they are not transferable. Instead it is a cancellation of the current EP and an application for a new EP with a different employer. The term "renewal" would apply at the end of a current EP (according to the expiry date on the passport stamp) when the person is staying with the same employer for continued employment
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