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Can i Stay in Malaysia without any visa on my passport after my Stage

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himanshunahata

I am an indian national currently working in Kuala lumpur, Malaysia. I am currently changing my employer here and my EP with previous employer ends on 30th September , the new employer has already obtained a Stage 1 approval for my new EP . So i would like to know if i can stay in Malaysia post 30th sep, even though my new EP hasent been endorsed on my passport ?

Gravitas

Yes, if you have an Letter of Appointment from your new employer and the MDEC letter confirming acceptance of yourself for the job with the new company. The new company will just process your employment visa from 1 October immiediately at the start of your new job.  There cannot be a gap in employment. If there is, you will need an extension to stay in Malaysia to cover the gap.

You must obtain a release letter associated with your resignation from your current employer and have your current EP cancelled, if it does not naturally expire on 30th September.  You should sort out your income tax situation with HASIL, Cyberjaya as well.

Barani Karikalan

Dear Gravitas,

What is MDEC letter? Can I request for it from my new employer?

I am shifting jobs and my new employer is processing my work visa. They want me to go back to home town(India), telling me that since your visa is still under processing, we will send you calling visa. But I wish to stay back here in Malaysia.

I already have offer letter. If I request my new employer for MDEC letter.. can I stay back even if my old visa is expired and new visa not yet stamped?

Thank you

Gravitas

OK so yes, do what the new employer tells you. The post you are reading is 4 years old. The requirement now is a Visa Approval Letter (VAL) from immigration (or Stage I approval)

You need to leave by 13 March to be legal - if you don't you risk getting blacklisted or even banned from entering again.

Wait for the visa with reference in India (up to 1 month processing time in total) and re-enter to take up your new position.

Malikumair

Hi, actually in am similar situation whereby my visa had expired in feb 2018 and my new employer still processing my new EP but they help me get the special pass for one month so I don’t need to exit malaysia. Maybe you can ask your new company to get you special pass it will cost 100rm.

ZuzannaCh

Ok let me add on my question too.

I've finished my employment with a company (category III) and I got a new job in a company from cat II.

My prev employment pass finished last month and I left Malaysia.

My new company was supposed to start processing the new EP right away - and they did upload all the docs in the Expat system and the EP application is being processed, but the company realized they have to fix some admin status of the company itself, before the EP application can be completed (however the application is ongoing in the meantime).

My question is, can I enter Malaysia in the meantime on a tourist visa, if my EP is in progress but I don't have the Letter of Invitation yet? Or would I be stopped at the airport?

Gravitas

As the company are not in a position to process your recruitment they should cancel the ESD process until they are ready and you are outside Malaysia

ZuzannaCh

Thanks Gravitas for a fast reply. In case they cancel the application, can I enter Malaysia and wait for them to get ready for the actual application in the meantime? I have my room rented in KL (and my bf is there), so i'd rather wait there, but I'm not sure if I will be allowed to enter Malaysia.

Gravitas

Have they indicated how long the delay might be?  Sometimes a Board Meeting is required to change corporate set up which takes time to call etc. ?

They may have paid RM300 to make the ESD application so bear that in mind.

There is no cooling off period mentioned when moving from Cat III to Cat II

It's simply if you enter during the recruitment and immigration approval process it will probably cause the EP process to be problematic i.e. they may not endorse the EP and want a new application.

Perhaps the company can guide you, once the timeline is more clear.

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