I have been in Malaysia for 6 years now. Studied and now currently working. I'm changing my first job (EPIII) where I am their first expat employee. Initially my new HR informed me that I wouldn't have to go back and they will do all the paperwork here. I asked them how long the entire process would go and they assured me, it should go simultaneously with my current visa cancellation procedure which should take about a month or so. After which I might need to stay at home for around a week for the Stage 2 (Endorsement) of EPIII again. Thus, I agreed and accepted the new job offer.
Broke it down to my current employer and ensured them that the new employer knows what they are doing as they have many foreigners working. My current employer proceeded to cancel my visa online through the expats website. After 4 working days, my new HR informs that they suddenly see the "90 day cooling period" notice and there is little they can do because it is immigration policy.
I understand everything but I have the following questions in this situation:
1. How far is my current visa cancellation process done? At this point, is it possible to revert back?
2. Can the new application be made before the 90 days cooling period? Because even after the 90 days, the immigration and processes can take up to 2 months till I actually start work despite the timeline mentioned.
3. Can I travel back with tourist visa in between the process for personal reasons?
4. Can I work remotely? Would immigration have any say in that?
Thank you for taking time to respond.
More Cooling Period related questions
1. How far is my current visa cancellation process done? At this point, is it possible to revert back?
*Has the Pass been cancelled in your Passport? If not you may be able to continue working for your current employer. But only for them.
2. Can the new application be made before the 90 days cooling period? Because even after the 90 days, the immigration and processes can take up to 2 months till I actually start work despite the timeline mentioned.
*The new employer should double-check this for you as rules have been changed recently. The key would be using a start date of the employment after the 3 month cooling off period. What I have seen happen is approval is given by immigration but the VDR is not processed until after the end of the cooling off period.
3. Can I travel back with tourist visa in between the process for personal reasons?
*Yes during the cooling off period. No during the EP application (so it depends on 1. above i.e. when the application is made. You would have more freedom if the EP approval process was not started until after the 3 months cooling.
4. Can I work remotely? Would immigration have any say in that?
*That would be breaking the cooling off rule. If you work illegally and get found out you will be banned from working in Malaysia. There are income tax implications as well. Lies have short legs
Thank you Gravitas for your prompt response.
1. No. The actual visa in my passport has still not been cancelled. So if the process is stopped at this stage, will there be any impact later on in any other application?
2. What would the immigration approval consist of if the VDR isn't part of it?
3. So let me get this straight, the Cooling Period only implies to working in Malaysia? And I can travel to Malaysia within the 90 days? However, it is better to visit in the window after the 90 days before the EP process starts?
4. It's not about lying. As much as I have read, cooling off never stated anything about remote work. Just wanted to verify if there is any rule for or against that as immigration should only extend to what goes on within Malaysia.
1. If you want to change jobs you need the physical EP cancelled in your passport. But if you intend staying with current employer they can probably reverse the database cancellation
2. Usual Category III approval which includes pre-departure medical clearance. Same process you did for your first job.
3. During cooling off you can travel to Malaysia because you have no immigration status here (because your current EP is cancelled). The issue is that once the EP application is made the rule is you should not enter Malaysia as it can jeopodise the finalisation of the EP
4. The new employer could give you a contract of some type for services. But I think immigration might consider that improper because technically you are bucking the approval system (and the cooling off period) and are prematurely working for a Malaysian company without an EP. The employer may not want to get into any issues with immigration. But its up to them if they think its OK
I see. Thank you for taking time to respond to all my queries 
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