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Switching EP to new company

kelly9426

There are few question bordering me.
I will travel back to home country (Indonesia) in early of June for one week holiday.
And i will start new job in new company by 12 July.

But my worry is,  if the former company submit EP cancellation letter now, and new company is in  the midst in applying EP for me, can i still able to go back for holiday and come back to Malaysia afterwards? because once the cancellation approve , and i get the acknowledgement letter from new company, i will need to submit my physical passport right?

See also

Visas for MalaysiaWork permit in MalaysiaBusiness license in MalaysiaMM2H and foreign income tax exemption.Malaysia My Second Home (MM2H)
Gravitas

When the current EP is shortened that final date is clearly stated so entering before that date is possible.

If your new EP is approved it can be stamped physically in your passport between your return from holiday until your final date of current EP or after you start your new job because it has been approved

Presumably there is no cooling off period required. If one is required the new application cannot be made until the cooling is over. If there is a cooling you may need a visa with reference to reenter depending on your nationality

Akhil_pro

Hi Gravitas,

I have a doubt regarding EP switching , in my case I need to leave Malaysia so that the new company can apply for new EP after current EP cancellation.
So my query is if my current employer will cancel the EP online after tax clearance and give me the updated validity of EP, is that enough to leave Malaysia and come back again on fresh EP or do I need to submit my passport to immigration to put cancellation stamp on EP Sticker before leaving Malaysia.

Thanks

Gravitas

The current EP needs cancelling in your passport. I assume they are giving you a no objection letter otherwise without proper cancellation of your EP and the letter no further applications will be approved until the natural expiry date of the sticker

Akhil_pro

Thanks for your quick reply.

No, the current company is not giving me NOC.
Current company said that they will cancel the EP online only and after that I can leave Malaysia and then new company can apply for new EP.

So if my current company  will cancel the EP online still there will be a problem for other company to apply for new EP ?

Can you please tell me the process of EP cancellation.

Gravitas

You have to get the passport visa cancelled at immigration and only the employer can do it unless they agree to give you an authority letter approving the cancellation. You would then take the letter to Immigration.

It is a horrible tactic a few companies use here to wreck your career because no further EP applications are possible while you have an uncancelled EP in your passport. Mostly it is outsourcing companies that behave this way

It is usually done if people try to change to a better job after a short time

Akhil_pro

Thanks again for the quick response.

But unfortunately this is sad and horrible. I can see the clear unprofessional behaviour of the company.

Can you please tell me is there any way I can do something for me in this case.
I’m feeling helpless 😞

Gravitas

Ask them for the authority letter so you can cancel your EP yourself. You can make a police report if they don't cooperate but not sure if you should threaten them by mentioning it. Write a letter of complaint to Immigration as well.

Keep everything in writing so there is an audit trail to show. Unfortunately some companies block emails and phone numbers so stealth can be needed

Akhil_pro

Hi Gravitas,

Thank you for your reply.

How with authority letter I can cancel my EP myself ?

Can u please tell me how to contact immigration(email and contact number) as I checked with MDEC regarding this issue they said they can't help me on this.

Gravitas

The wording can be found under - Cover Letter for Cancellation. The letter to be written by company on their headed paper

MSC
https://expats.com.my/expats/msc/document-library/

NON MSC
https://expats.com.my/expats/nonmsc/document-library/

See also Checklist for cancellation (Commissioner of Oaths and Police Report not required - they are relevant when passport is not available).

Akhil_pro

Thanks again Gravitas

I think its my bad luck after getting good Job also can't work here, Since the company which I am working with is not ready to give anything they will just cancel the visa online as per their email, so in that case i need to leave the country and find the work in my native country.