Employment Pass for Director/Share Holder

Foreign partners who have roles which can be replaced by locals are therefore seen as purely investors or funders and therefore do not need any immigration status. This is the latest issues around joint ventures with locals. In fact they are slowly closing the door on foreigners using company set up to live in Malaysia. You can perform your duties elsewhere and of course visit for strategic meetings, if necessary. Its to empower local manpower as well - why should foreigners lead companies with just a "ghost or silent" local Malaysian investor.

This explains
http://malaysiabizadvisory.com/major-pr … d-company/

To put this company's information in perspective - they have stopped their services to create Sdn Bhd now.

Personally, I think that if you have been told the posts that you want EPs for do not qualify, an appeal would be a waste of time.

If you had used an agent they would have advised you about this at the beginning, possibly. This is because they are in contact with the authorities and receive updates regarding guidelines and changes in direction.

If your business plan and organigram did not make it clear that foreigners were intended to occupy the two positions, this is why it has progressed so far.

No. Earlier we didn't apply through the agent. However we are considering it now as you said they know the policies (and probably also know how to deal certain case). In our case as the business type is food which is non-malaysian food so our local partner can't handle it alone because he doesn't know the standards. That is why it is very difficult to manage it remotely.
I feel that the main cause of rejection was not-so-well-written job description. And in return the reason we were given was position not required.

Let me also tell that the company was approved on ESD on the same basis i.e we made it clear that company's directors need employment passes.... and projection was also acquired for the same reason.

As you are confident of the problem I guess its worth making the appeal. There is unfortunately no facility to have face to face meetings about these things (for obvious reasons).

Having a Malaysian partner who cannot contribute to the standards is also a problem as it would have been more fortuitous to select one who was competent and avoid the need for oversight by 2 foreign directors. Agree the job descriptions are important as well as the qualifications of the individuals to carry out the duties. Remember that job and candidate must always match.

You still have a long way to go with the licencing etc. I think you may find that EPs are not issued until the restaurant is fully licenced i.e. you have to set it up for inspection, before any work permits are processed (apart from chefs).

I guess you did not bother to open the link provided earlier and did not therefore read case no. 4.