Employment Pass Cancellation and Making a new EP

Hello ,

I was recently finished my contract with one employer in KL,Malaysia and they didn't cancel my EP and i took an exit from Malaysia on DEC2017, After finished my project i got tax clearance and F& F from the organization.
And there is one more opportunity now on my way.Where i can check my previous EP cancelled or not i enquired my previous employer they are stating that they are going to cancel my EP. But i don't know when.
Is it possible to cancel the EP from Employer side with out submission of Hard copy of my passport ??
If i can check in online and if the EP is still valid can i travel to KL,Malaysia cause i have the EP valid still Sep2018 from my previous employer.
If i count the days it will be more that 70 days since my last exit. Is there any problem if i go now after 70 days ? Is there any problem in immigration?
If EP was cancel from my previous employer well and good but i dont even know the status can anyone tell where can i check i was googled but i can't find anything useful.

Please any one help on this i'm planning to travel on Mar2018.

Thanks

They can cancel their ESD database entry to represent the shortening of your contract and allow the new employer to start the recruitment process.

They can't cancel the sticker in the passport (but immigration will insist on that being done at a later date because you can only have one valid Pass at a time).

You would have to wait until you get Stage I approval from your new employer and a VDR to enter Malaysia again.

The rules require you to be outside and get a VDR now

Hey Thanks for quick revert,

Just imagine that they didn't cancel it can i travel to malaysia on that EP? Once i come there i will ask my present employer to check the status and apply for new one ? Is that possible where can i check ESD database ? In online is there any way i can check that ?


Thanks

No, the new employer can only apply for the EP with you being outside Malaysia and getting the VDR (Visa with Reference).

The ESD database referred to is the one the employers use which is not available to staff.

You can't use the EP in your passport because you don't work for that company anymore.

You need to act correctly so that the new employer can submit their request so everything runs smoothly.

If you did enter (fraudulently) on the EP currently in your passport, you still would have to leave again while the new employer made their appliction. So waste of money and time.

Immigration will want you to submit your exit stamp to commence the new EP request. They get a copy of your complete passport so can see what you have been doing. So act correctly.

OK Thank you ...its just assumption if they are not going cancel in that case what can i do ? is there anyway i can proceed legally showing my tax clearance and reveling letter from employer ?

Don't invent problems.

I don't even think you will need a NOC (No Objection Certificate) to enable the new employer to submit their EP request. Because your contract has ended and you have proof of this

All that is amiss is the uncancelled EP and that can be dealt with according to immigration instructions when the new EP request starts.

Your tax clearance papers will be needed for the new application.

What is F & F ?

Perfect then Thank you ..I will post the status once it is done ..so that it I will be helpful for some other .

Cheers and you are package for all solution keep it up dear ...

Hi,

I am currently holding an Employment Pass for Malaysia valid until June 23. Unfortunately, there was a delay in my onboarding due to country related policy. My employer needs me to come to conduct training but I dont have PVP visa anymore since it was cancelled when the time I secured for my Employment Pass. I would like to seek your advice on what to do? Should I cancel my EP and request for my PVP again? I have to be there in June for a 4 week training.  Please help.

So is your EP not going to be renewed? If it expires on 23rd June you are "missing" about 7-10 days?  The company might ask for a Special Pass to cover the shortfall because of duties. A PVP is only an option when you are employed by a non-Malaysian company, paid by them, and providing services in Malaysia. I doubt there is time to process one, if it were even relevant. The Special Pass providing a short extension to your EP sounds a better option.

Thanks for taking time to look into my concern. I was able to speak with our HR in KL,  I was told that we can still request for a new EP once it expires in June 23. May I know why when you said that I am missing 7-10 days and what is this for? Please note that I havent started working in Malaysia so I havent use my work permit yet(employment pass) and now its expiring. I am only relocating from my country to Malaysia with the same Employer. Its just that my onboarding is still inconclusive due to the country policy on direct hires issues of my country to Malaysia hence pending status. While my relocation is underway, there is a need for me to go now to KL to conduct training in June but I currently hold an EP pass, I believe Malaysia only issues one pass at a time. If only I dont have EP that is active, then I can apply for PVP or Professional Visit Pass allowing me to conduct training since I have been doing that for the last 2 years now. Should I cancel my EP before 23 June or it would cancel on its own as it expires? If I cancel my EP, do you think its okay to apply for my PVP while waiting for that country policy related issues to be settled,  in that way I can come to KL holding a PVP pass instead of EP. Once I finished all my trainings there then I can tell our HR KL to later apply for the new EP. Any options you can share or give please? Thank you.

Perhaps you should read the Guidelines to understand your options as it will provide some much needed facts.
https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

Hi..
How to check the status of my cancelled EP ..though my prev employer already done with the extension of ep for another one year till 2019 jun ..but i resigned my job recently and requested them to cancel my ep and dependent ..but now i would like to check whether they cancelled it or not

PLs advise how to check in online of my cancelled ep

Could you please let me know if i could cancel the EP without the consent of the employer who provided EP

I had a problem with the joining date from the employer, they keep on draging the joining date,
I have lost interest in joining the cosultant,

Could you please let me know if i could manually cancel the EP from Mdec or with the help of new employer.

Please reply at the earliest.

Thanks in advance

If you haven't joined you don't have the EP yet so nothing to cancel. The EP is only issued after arrival and some nationalities need a Visa with Reference (Calling Visa) to enter Malaysia for employment purposes. The immigration approval is only valid for 6 months

The EP stage 2 was done and was sticked to my passport. It's a multiple entry visa

Sounds very irregular and illegal if you are staying in Malaysia on that visa but not working for the company.

Only the employer can cancel the Employment Pass. It's not difficult. Right now the current EP is blocking the chance to get another Job here

Yes, the employer had done my visa but they haven't gave DOJ yet. They keep on postponing without giving DOJ. It's a consultant..
So waited a month to join and get pay. I had a valid EP but not working

so, is there a way?
because the consultant who processed my EP is not responding,as i have some financial commitments i cannot hold longer thinking that he will call for DOj, rather i should pick some other job at the earliest.
Please suggest.

Thanks

Hello, I have left Malaysia recently for holiday and i decided to not come back (family matter) so i resigned from the company and they are okay with that, my questions is:

* The company they will hold my last salary until i do the tax clearance, is it possible to let someone do instead of me? and what is the process of doing it?

* Is it possible the company to cancel my working visa if i'm not in Malaysia and without submitting the passport?

Thank you :)

Just do your tax return for Tax Year 2018 and this should help sort out your tax position.

Yes the employer can cancel the EP in the Immigration database without submitting passport.

Hi Gravitas,
I am an expat working in Malaysia for More than a year.

I have resigned from my current employer to pursue another opportunity and currently serving my notice period.

Everything was okay when suddenly my HR conveyed a message from management that “ they won’t cancel the EP, and let it run until it expires”.


1. Please suggest what can be done?
2. Can an employer do that legally?
3. What are the actions I can take against this harassment?

Note - they have accepted my resignation and I have that in writer under company letter head.

Hi,

You have two ways.


1. Get an NOC from the current employer
This is the best way every employee would do to avail a new offer from another company. You should get NOC from current employer and this NOC will be used by the new Employeer to process the EP on their company. NOC is mandatory for availing a new offer after resigning with the current employer

If the employer is not providing you an NOC,

2. Get your EP cancelled by current employer

Get the EP cancelled by your employer if NOC is not provided, after EP physical cancellation you will get 30days to leave malaysia, during this time you should leave malaysia and get your EP freshly done my new company and this would take 3-4 weeks to get process and join in the company(for NOC no need to leave malaysia you can immediately join new company)

If your employer is not providing NOC or not agreeing to cancel EP you cannot join another company .

An employer if not cancelling or not providing EP , he has to bear the tax calculations during the period of your non paid(no salary) stay.

Hi,

My employer has already made clear that they will not provide me NOC.

My question is:

1. Is it legal for a company to not cancel an employees EP when the employee is not working with them?

2. What are the legal steps an employee can take against employer to save themselves from this kind of harassment?

Thanks in advance.

Hi,

My employer has cancelled my EP online. But my new company hasn't provided me the offer letter yet and haven't applied for new EP.

By when should the new employer apply for new EP??

should i exit the country after applying for new EP or can i stay here??
Kindly suggest me please

Hi,

Basically the process to switch job within Malaysia looks like flows:
1. First your current employer has to canceled your EP online
2. Your future employer needs to initiate your EP as soon as Step 1 done. Remember that without online cancellation of Visa by current company will not allow your future company to initiate new EP for you
3.Once your future company initiates your EP they will receive an acknowledgment letter from MDEC
4. You need that acknowledgment letter to get your current EP physical cancellation
5. Once your EP get cancelled physically you can see MDEC gives you a revised/amended date for your VISA.
6.The amended that indicates that you can stay in Malaysia till that date and you have to complete your new EP formality prior to that.If you can't you need to leave Malaysia on or before to mentioned date.If you done your new EP then no need to leave Malaysia
7. Once your EP get physically cancelled then you need to connect with your new company for Stage 2 endorsement.For this step you need to provide your passport for EP Pass stamping and you also need to submit NOC from earlier company(the company which you are leaving).Kindly note without NOC stage 2 is not done.So make sure to take NOC from your current company
8.Once you submit your passport and NOC letter to your future company for Stage 2 endorsement,it will generally take upto 2-4 days to get the passport with VISA stamping

Note: The documents required for Stage 1 will be communicated by your future company which you can submit to them for Stage 1. Generally it should not take more than a month to get complete VISA done(Earlier EP Cancellation+New EP Stage 1/New EP Stage 2) if you have all the documents ready with you.

Please try to communicate your future company to initiate your EP stage 1.

Also make a note you need to submit Acknowledgment of  latest Tax return for Stage 1.Without Latest Tax Returns Acknowledgment Stage 1 can't be done

Hope this will help you

Hi,

It is completely legal for a company to not provide NOC.At the end of the day none of the organisation wants to loose their resource to some other when they spent few bucks for their EP.

I don't know much about the legal process if exists for the same.If you find some kindly share with the community.This will helps others who are facing same problem.

My advise is to sit with HR of current company and try to make them understand that its your choice to move on and they can't restrict you to move to a new company.A company has to cancelled EP for an employee if he/she doesn't want to continue.But you can't force a company to provide NOC

Hope this helps you

Hi Keertiakkineni,

I'm a little bit curious, why did you resign before you get the offer letter from the next company ?
you may not leave the country if the timeline of the new EP is get along with your cancellation of previous company EP otherwise you must leave the country and coming back.

My EP expires on October 17th 2019. My employer said that I should pay my tax and I can exit the country. He did not tell me I should cancel my EP. I found out that I should cancel my EP but he insists that it can run out. I need to return to Malaysia to vacate my home and shift my things back home. I planned to apply for a tourist visa.
VFS in Bangalore suggested that I write a letter to cancel my work permit and pay the fee for my tourist visa and they could process the same.
I have paid my tax till 2018. I am waiting for some details and payments and would like to pay 2019 tax after December 31st 2019.
Please advice. I have booked my tickets to return on the 20th of October 2019. What is the process to cancel my EP since my employer doesn't cooperate? Can it be done by the visa agent here with me submitting a letter? Will I be able to get a tourist visa so that I can complete my shifting and maybe on that trip, also cancel my EP?

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