Malaysia dependent VISA cancellation

Hi,

I was working in Malaysia with Employment pass, my dependent(Spouse) had to return in-between due to a emergency. So we didn't cancel her dependent pass.

While returning, I have cancelled my Employment pass and closed all tax formalities.

Can i cancel this dependent pass from India now? Will it be a problem if i have to ever visit Malaysia?

Once your employment pass cancelled, all the dependents visa will no longer valid as well. No need purposely bring your dependent to come in.

Hi,

I'm currently working with an IT company in malaysia. Since I got a new job I'll be resigning tomorrow 5 july 2017 and as per company norms my last day should be 05 August. Since I'll be submitting my resignation, my company will process for cancellation of my EP. My wife has dependent pass and currently she is in India. She is coming back on same date I.e. Saturday 5 August 2017. Will she be allowed to enter the country? What should be the best solution so that she don't face any problem in immigration? Can I apply for dependent pass once she is onboard? Please help me and suggest a riskless option. Thank you.

Well let's hope they are amenable to your resignation and cooperate with you by issuing the no objection letter and cancel your work permit.

I am a bit confused about your resignation date. Your last day in service with current employer wlll be Friday 4 August not Saturday 5? I think you can give a future, date on which the passes should be cancelled. So probably that might be 6 August.  You would start your new job on 7 August (Monday)?

If you do it that way it would be convenient for everyone. But do discuss with your employers.

The best option is for your new employer to process the DP at the same time as your EP. I guess your new employer will only submit your passport for stamping once you actually start the job (7 August), by which time your wife will be back on the old DP, so both passports could be submitted. The only thing might be your old employer is legally bound to submit her pass for cancellation before the new one can be processed. That would cause a short delay before the new passes are applied for.

Thank you for reply Gravitas. Actually that's my worry that I can give my wife's passport only when she is here. Let's sa my if my last day in current company will be 07 August and wife is arriving on 05 August, wouldn't it be problem for her to enter the country. Immigration officer may ask her that your visa is going expire after two days as they will see the cancellation of visa on their system. I can request my new company to allow me to join by 8 August. Regarding the no objection certificate, I hope I can get it without any hurdle, but I shall submit my passport in first week of August depending when i get it back after current visa cancellation. Please give a solution because my wife is pregnant and I just wish she don't face any problem at immigration.

Gravitas, since you are experienced I have one more doubt if you can help me. Would I need to serve cooling period?  I came to Malaysia in Mar 2015 and got EP till Feb 2017. After that my current company extended my contact for another one year. Malaysia is the first and last foreign country that i've been to. Thank you.

The immigration database should be showing you have a new Stage I confirmation from Employer 2 and your EP validity period will be shortened (to be decided what date, but DEFINITELY a date after your wife arrives and before your new contract begins). You have an official Offer Letter from Employer 2 and your wife could bring with her a copy of that WITH THE COMPANY STAMP ON IT.

Eitherway, nothing can change in her passport without it being in Malaysia.  The current DP in her passport shows February 2018. It is unlikely that she will be stopped and she is entering the country legally AS LONG AS the cancellation of your visa is AFTER she arrives.

With that and the back-up Offer Letter - plus you could ask for a To Whom It May Concern letter confirming details of your wife (name, passport no. etc.) and when she will enter Malaysia (date, flight) she should have enough bits of paper.

You need to control the date your EP is shortened to. Your employer should assist you. But I think you must not expect them to pay you for Saturday or Sunday i.e. your notice period should end on a Friday.... The cooling off requirement was dropped - as long as your new EP is the same class as the current one e.g. Professional Pass I, II, III, IV

I see, that gives me a clear picture. Thank you very much for sharing this information.

How about the cooling period Gravitas?

Gravitas :

The cooling off requirement was dropped - as long as your new EP is the same class as the current one e.g. Professional Pass I, II, III, IV

Is it mandatory to cancel dependent visa? My wife left Malaysia permanently.
Can my employment pass cancelation be withheld if dependent visa is not canceled?

If the EP is cancelled, then the DP is automatically cancelled.

If you're going to apply other visa in Malaysia you may need to do the clear data process in the immigration department.

Hi i would life clarify regarding my wife dependent pass cancellation ..when i was a student in malaysia i have brought my wife under my visa. I applied for dependent pass however university provide social vist pass. Before i had completed my studies i have sent my wife back to india. When i completed my coarse i got a job in malaysia. So as per company advice i have shortened my student pass and i have asked my wife social visit pass cancellation..They replied it will auto cancel when i cancelled student pass. After i have get letter from immigration that approval of my visa i have enteted malaysia and get stamping of my new company employment pass. After few months i have requested my company to pursure wife dependent pass. While they applied they found my wife social visit pass still available as per system and requested me to shortened. The university who had provide social visit pass adviced her to come malaysia and shortened. After submitted all document, 2 months later near by ending date they have informed me that couldnt able to shortened due to her husband visa under this univ as already shortened . Adviced to exist malaysia. I am afraid what will happen if she exist at immigration ?? There would be any problem ?? They have said husband was blacklisted due to mis use dependent pass.. knidly advice.please..

Contact your High Commission so they can prepare any paperwork needed so she can exit legally i.e. she entered on an invalid pass (DP) and immigration are aware of this. Move quickly as she needs to leave as soon as possible. The HC is used to dealing with this type of matter and knows what needs to be done.

Hi Gravitas
Thanks for your kind reply.. i have few doubt,  apart from HC Is there any possible from my current company to apply special pass ? As she do have very little time .. secondly how to clear the status of my blacklist related to this ?

Special Pass is not applicable. Your wife is actually an illegal immigrant as she used an invalid pass to enter Malaysia (based on cancelled Lead Pass). That is very serious and the reason for the Blacklisting.

Surely your company is advising you??  Or perhaps you are just waiting for an answer you want to hear.

The HC deals with helping people who have broken immigration rules.

I suggest you take this VERY VERY seriously because there is also the possibility, if not acted upon correctly, the EP could be cancelled.

Hi

I understand the seriousness .i have just checked the possibilities. As you said it didnt work out..Thank you so much for your advice. Will approach HC regarding this and will send her back before pass expires..However if she left then the black list status will clear ?? What i have to do action to clear my black list status ,. ??

Ask your employer how to clear the blacklist as ultimately it affects them and I assume they are in contact with ESD online and can ask for guidance.

Thank you so much..one more thing ?? Should i travel with her now to accompany her ?? I am afraid they might stop me due to this status ..am i right ??

Hello Guys,

Could you please advise on my issue !!

i was working with company X and having EP for me and  Dependent pass for my wife. My wife travelled back to India on Feb-2017. Later i have switched to the organization Y in Apr-2017.  it means they X company visa cancelled and got new visa with Y. 

Does my wife's visa still valid [Visa having expire date on Dec-18]? [few are saying, it could be cancelled online when my visa cancelled but not physical cancellation done yet ]

If not valid existing one ; can i apply for stage-1 from Y company ?

Please help me guys

Thank you in advance

Careful, careful - your wife's visa is NOT VALID and she should not use it. She needs to get a DP under your EP with company Y

There are two parts to a cancellation (which is shortening of the validity period) and one of them is for the ESD database to be updated by Company X - but that is not action by immigration who physically need to cancel the DP.

In the circumstances she should wait and collect her Visa with Reference in Mumbai, Chennai or Delhi and then arrive to get her passport sorted out.

Thank you Gravity

Can I apply for DP from Y i.e. stage 1 ?

Yes. If the employer applies for the EP and DP simultaneously it is the best scenario. Otherwise applying later for the DP requires the EP process (to the endorsement stage after arrival of a VDR) to have been completed.

https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

Check out the paperwork required for a DP.  Apparently if the spouse is already in the EP holders passport then authentication of the marriage certificate is not required.

Hi
My wife is having new passport where her dependant pass at her old passport. She just came here to Malaysia with both passport ( old and new) and now there is a note to “report to HQ immigration office” on her new passport. As I understand she needs to transfer the DP into her new passport. I am ( her husband) the EP holder , can I come directly to HQ immigration office with my wife to process the transfer of my wife DP from old passport to new passport ?If it can be done then how long will it take the process and what documents to be brought?

Note:  she needs to go back next week. Usually all DP issue is taken care by my employer but sometime is taking so long weeks to complete .the immigration officer at the airport says only takes 1 day to complete this transfer visa from old passport to new passport. 

Looking forward for your advice.

Thanks

asanspratama :

Hi
My wife is having new passport where her dependant pass at her old passport. She just came here to Malaysia with both passport ( old and new) and now there is a note to “report to HQ immigration office” on her new passport. As I understand she needs to transfer the DP into her new passport. I am ( her husband) the EP holder , can I come directly to HQ immigration office with my wife to process the transfer of my wife DP from old passport to new passport ?If it can be done then how long will it take the process and what documents to be brought?

Note:  she needs to go back next week. Usually all DP issue is taken care by my employer but sometime is taking so long weeks to complete .the immigration officer at the airport says only takes 1 day to complete this transfer visa from old passport to new passport. 

Looking forward for your advice.

Thanks

If the document you bring is correct it should be same day receive passport.

Hi,
Can you pls let me know how your wife manage to travel on new passport? Does she applied for any visa (tourist visa) on new passport? As i am facing similar situation wherein my wife was having dependent pass on her old passport whereas in India she got new passport (to add spouse name so that we can get passport for our new born son). I've applied for tourist visa via windows malaysia and they have rejected it two times. I am not sure of the reason and not sure how she can travel to Malaysia, whereas for my new born son i have already got the VDR for DP but waiting for my wife's visa so that i can send to VFS to get it attested on passport.

Doesn't her current DP just need moving to her new passport so there will be no VDR for her. If she carries both passports then the transfer can take place after arrival in Malaysia? Check this with Malaysian HC/Consulate.

Thanks for the reply.
1. So technically my wife doesn't need any VISA?
2. Will immigration in India will accept her old passport VISA to allow her to travel from India to Malaysia?
3. Will immigration in Malaysia will allow her to enter Malaysia on her new passport?
4. Can i use her old visa details for application of attestation of VDR on passport of my son?
5. How can i contact Malaysian HC/Consulate?

The contacts are online for all three offices in India. Just contact the one you are using for your child's VDR

You can never use old passport details because only new one is valid

Hi i am from pakistan and i marry with malaysian girl in 2011. So far i am using my spouse visa. And my PR also in last stage.  But now unfortunately we had divorced. So in this case if i go to the court for registration of my divorce so is there my spouse visa and PR will be effected or not? Kindly guide me its really a big headache for me.

Hi Gravitas,

I am also facing same problem which is posted by RRY.

Currently, myself and dependents (currently in India) visa online cancellation is done by current employer. And my EP physical cancellation will be done by 15th Jan 2019. My new employer is already processed my EP.

As my dependents are currently in India, so new employer will apply reference visa.

1) Here, my question is still,  dependents visa physical cancellation is required?

2) It will create any problem when they travel to Malaysia on Stage-1 visa without physical cancellation of previous visa?.

Please suggest.

Thanks.

Hi MSBRK,

Physical Cancellation must be done , before it goes with new Visa. So you can get your dependent's Passport to here and get it done with physical cancellation.

For your next question, we can carry your dependent's passport , no issue at all (it is informed by immigration officer and i did the same)

Rest of the things like same how you do new process for stage-1 and stage-2 for your new dependent visa.

Thanks

Advisable all people must physically enter Malaysia for cancellation.
Different officer talk differently.

Hi Gravitas,

    I have an issue regarding my dependents visa cancellation.

i was working with company X and having EP for me and  Dependent pass for my wife and kid. They traveled back to India on Nov-2018 and they didn't come back to Malaysia till today. Later i have switched to the new company Y in Mar-2019.  The X company cancelled my EP and got new visa with Y. 

When I applied Dp in my new company Y, they have asked to provide a letter from immigration stating that Dp were cancelled or any kind of proof. Then I asked company X for proof. Now, they are telling no proof for it. Their Dp is valid till 9 July 2019.

  Kindly get suggest me,
i. Is there any possibility to get a letter from immigration stating that Dp are cancelled?
ii. If not, how can I do physical cancellation of Dp?
iii. Can the cancellation of Dp be done in India or should it be done in Malaysia only?
iv. If I apply Dp with new company Y after expiry date of Dp (9 July 2019), will the physical cancellation be needed still?

Kindly help me friends,

Thank you in advance

You probably need to go to immigration with your wife to sort this out. I expect your family will have to leave Malaysia and then you can perhaps apply while they are in India and they will enter on a VDR. When you can apply depends how immigration handle the breach of rules.

The situation comes under enforcement I think
https://www.imi.gov.my/index.php/en/enforcement.html

Take all paperwork you have with you and of course passports and a full photocopy of the passports. You may be asked to book a flight out of Malaysia and then return with proof. But it is hard to predict exactly how immigration will handle this.

Thank you for your kind reply.  My family is not in Malaysia. Currently, they are in India only.
They went to India in Nov 2018 and they didnt come back to Malaysia since Nov 2018.

OK I misunderstood your comment "didn't come back to Malaysia till today"

There is a method employers can follow to cancel a Pass without the passport but it involves a police report etc. so I don't expect your former employer will want to cooperate.

Only solution may be to wait until 9th July has passed when there is no valid visa. Then you apply with new company while your spouse remains in India until it is approved. I think a VDR is mandatory now

Employer  should cancel the DP in the database (either Mdec or Esd). That would be the normal requirement in the same way they cancelled your EP in the database and physically the validity was shortened to the day you left them

You could contact immigration to see if they have any other suggestion. This situation is reasonably common.

Hi,
I came across with same problem and visited immigration office Cyberjaya, explained the situation.
Immigration officer told me to get the passports through courier and acknowledgement letter from visa holder employer to cancel the dependents visa. Did the same and they returned passports with physical cancellation in 3 working days. Thanks.

Hi Gravitas,

      Yes, I have submitted police report to my previous employer to cancel Dp.
They told that they would cancel online after police report submission. Now
I am asking to give proof of cancellation. They are telling that they can’t give any
Proof for that.

Thank you for your reply.

Hi MSBRK,

  Thank you for your kind info. You mean Accoknowledgement letter from previous employer
Or current employer? Is it okay, if I get passports through courrier? I heard that it’s illegal if I carry
Passports without the person.

Kindly suggest.

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