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Rejected application for ESD expertise

Last activity 25 May 2018 by Gravitas

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shadiraj

Good afternoon

I am a graduated  international student in Malaysia, However I have a student visa until end of octoer 2017, I already found a job in private company which is Sdn Bhd and they successfully registered their company under ESD and approved their quota to hire foreigner.
they submitted my application however is rejected! is it because currently I have student pass and still in Malaysia ?
Please help me if u have same experience or knowledge
Thanks

Gravitas

It is only possible to hold one visa at a time and therefore an application cannot be made while holding a  valid student visa. 

There are new salary levels (1 September 2017) controlling which EP can be applied for and therefore the surrounding rules. https://home.kpmg.com/xx/en/home/insigh … 07.html#04

There was a rule that started in August 2016 that while Stage 1 application for an EP is being considered by immigration etc., the person must be outside Malaysia. In the past, students may not have had to leave the country, but the employer should now clarify this with ESD.

Some nationalities also require a calling visa (Visa with Reference) to enter and take up a job. They are countries that ordinarily require a visa to enter Malaysia.

https://esd.imi.gov.my/portal/pdf/esdguidebook-v3.pdf (This guide has not yet been updated with the new rules regarding salary).

Currently the above process is taking 2-3 months.

Immigration require that positions have been advertised and the employer has to prove that no qualified local candidates applied for the job. This is to ensure that the local workforce are given priority for employment.

Do also be aware that to get  professional pass the applicant needs at least two year's relevant professional experience.

shadiraj

I really appropriated your time and all information, the company offered me 5000 RM for this position , however i had 8 years experience before i came to Malaysia,
My work experiences are between 2001-2009 ( I came to Malaysia for further study on 2009 until now) is it consider for this type of visa?
base on your advice i can only carry one visa , maybe the reason for rejection is that.

Gravitas

Once you leave the country and provide the employer with  a copy of the exit stamp in your passport, the application could be resubmitted.

shadiraj

That's great, in their website they mentioned that the application will take 5 working days, is it reliable?
Do you think my 8 years experiences will consider since it was before entering Malaysia?

Thank you

Gravitas

Definitely misleading as there are different phases in the process and several authorisations are needed before the final ESD one. People applying for EPs are writing on this forum 6-8 weeks is current processing time. The experience has to be "relevant" to the job offer/qualification.

shadiraj

Noted and Thanks, my job experiences are relevant but there is a gap between my previous job and now due my education purposes.

Shehajaz

5 working days is the processing time after all the documents required are submitted are complete

Gravitas

I would stop using any energy to interpret the rules. As mentioned, because of public holidays and backlog applications are taking  minimum of 1-2 months from the time they are submitted. i.e. when you send evidence you have left the country. Someone reported  4 month delay before a rejection today.

iskandarhack

Pretty much all government approvals are very slow right now. I have a package that's been in Customs for a month, typically they're processed less than two weeks and sometimes within a week.

Gravitas

But the first step needs to be that the company takes necessary action to prove that a local Malaysian cannot be hired to do the job. This  means advertising the position and obtaining applicants in a transparent manner. The employer may need to ask what paperwork immigration require to see.

Shehajaz

The applicant must understand that they have to take into account the time the agent takes to compile all the documents and if all the documents are complete. The delay is when the documents are insufficient or not following immigration requirements. They also have to know that in order for the company to apply for the EP..they hv to register with ESD first and this takes months because they want all the licenses in place. But if all your documents are complete and the immigration doesn't require additional documents, the processing time is 5 days and if no reply within 5 days we can contact myexpat

Khin1983

Dear Ms. Gravitas,
If the appeal is rejected, then can we still apply the new position with new job description?
Thank you

Gravitas

Need to advertise the new position

Khin1983

Ok, Ms. Gravitas,
Well noted and will advise to the company accordingly.
Thank you very much !!

Gravitas

The company probably needs to update their staff plan and get the new job put in the ESD database. That will make it clear it is a different job - one which needs certain language skills and experience according to the job requirements.

RajenSenthil

Hi,

I am working in Singapore as MEP draftsman for small company. Basically i am Civil Engineer (studied Civil Engineering in India), having 3 year experience.

I got job offer in MY in Samsung CT , package is 6000RM

1. Hr has applied on 9 march 2018 for EP as MEP Draftsman.  but application was rejected on 20th march 2018
2. Then HR has changed designation and resubmit the documents, unfortunately they rejected again and advise them to appeal with new designation.

So my question is
1. What would be reason for rejection?
2. How chances for appeal?
3. Once EP apeal rejected, After How long we can submit fresh application?

Thanks in advance

shadiraj

1. What would be reason for rejection?
Base on my experience, the tittle,the job scope and working experience should be exactly in same area .
2. How chances for appeal?
Depends how they right appeal and immigration decision.
3. Once EP apeal rejected, After How long we can submit fresh application?

This one  I don't know

Deepankumar

Greetings Guys,

My name is deepan and am from India.

1 - I have been offered a job in Malaysia for 3500 rm with accommodation and food, first of all, is this offer any good?

2 - the company is not registered with ESD, they still can recruit a foreign employee?

3 - Do all the foreign employees have to pay tax and how much will it be?

Could someone please answer these question and I do have some more but I have to clear these basic things first.

Thanks in advance

Gravitas

RM3500 is a very low salary for someone with a degree and 2-3 years experience but adding on housing and food that would probably mean in real terms the offer is about RM4500.

The tax is different on inkind parts of remuneration - I think it is a flat 30% even when tax resident.

Tax on a monthly salary of RM3500 (RM42,000 p.a.)when tax resident would be under RM50 per month (plus the inkind benefits deduction)

While qualifying to be tax resident by being in Malaysia for 182 days in calender year the rate is 28% flat. So that deduction will be RM980 per month (plus the inkind benefits deduction).

Professional visas can also be processed by MDEC but all applications go through the immigration department for decision after the professional body for the relevant job sector has approved the Job Post.

Gravitas

Do make sure the company does not want you to enter Malaysia on a tourist visa as that is illegal when taking up employment.

It sounds like the company might use Agents to process immigration or out-source services. It is always a bad idea to pay for immigration processes so if you are asked to do so it might be good to be a bit suspicious.

The only things you will probably have to pay for are:
1. Medical in India
2. Single Entry Visa (VDR) from Malaysian consulate in either Chennai, Mumbai (HC) or Delhi.

Othmane.lazrak

Hello
I kind of have an issue regarding my employment application. I am a fresh graduate fluent in French and English, holding both a bachelor and a master degree, but not much professional experience. I have just been offered a job in KL that requires  French language, and my employer has already submitted my application under the 3rd category. My question is: with only a poor experience (couple of internship with a total length of 14 months and not related to the job field), can my employment pass still be approved knowing that the position is for entry level ? or I still need the 2 or 3 years of experience regardless the level of the position ?

Your answers will be highly appreciated. Thank you.

Gravitas

I think there will probably be a problem  unless you were the only applicant responding to the job advert

Malaysian immigration doesn't see cat. III as entry level but salary based on market forces.

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