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employment pass processing time by ESD

Last activity 26 July 2019 by mica12

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aloks

Hi Friends,

I got a job in a manufacturing company in Malaysia.
This company has applied for EP on 9th Jan 2018. they got below message after successful applying the visa.

"Thank you. your application has been received and will be processed within five(5) working days should all information and documents are complete and correct.
Expected date of decision : 16/01/2018
if you do not receive the decision, kindly contact us for further assistance. "

But i dint get any update from ESD.
I contacted my employer. They are saying that my application status is Immigration investigation section stage.

Guys, can u help me.. what is the expected time to get approval letter for ESD??
Thanks..

Regards,
Alok

Gravitas

Indian nationals have to be security vetted and also go through a medical if the EP is going to be Category III.  Only then can the approval letter be given

The single entry visa (Visa with Reference) is applied for and collected from a Malaysian Consulate in India. For this application a confirmed flight ticket is required and two DD payments - http://visaapplicationmalaysia.com/indi … uired.html

The process usually takes at least one month.

Gravitas

Check your approval status here: https://esd.imi.gov.my/portal/application-status/

This is for Professional Employment Passes

aloks

Thanks Gravitas..
FYI- I worked in malaysia from sep 2016 to dec 2017. Meanwhile, I got a permanent job in malaysia. so I planned to switch the company. while i was working in malaysia, I was getting my indian salary and some malaysian allowance. Right-now, I am in india and my next company is applying the EP from esd portal.
my application got returned two times-
1- immigration told that i have provided eBE form 2016 in draft state which is not acceptable.
so i provided them final eBE form along with acknowledgement receipt. I completed all the document formalities as instructed.
2- My application again got returned saying that why   low salary has shown in income tax document.

I am unable to understand this type of questions. since i was getting only allowance in Malaysia and the tax on the allowance was paid by my company.
I have two doubts:-
1- If IRB has approved the tax calculation and eBE form, why immigration is asking these questions. What is their intent and motto?
2- I have provided all the necessary doc. Document wise everything seems correct. is there any chance that my EP would get rejected?

Please help.

Regards,
Alok

Gravitas

There is always a risk when the application does not go smoothly. They would expect all your income while working in Malaysia to have been taken into account, as you carried out your duties while here and not in India. But it sounds like you were working for a company that was not registered in Malaysia. Did your have an EP for 2016-17 or what were the immigration arrangements?

aloks

Yes.. I was having ep from 2016 to 2018.  while coming back to india, that EP is cancelled by my current company.
and my Current company is MSC status and my next company in not having MSC status.

Gravitas

Sounds like its a taxation problem which has to be resolved before they approve another EP. A person cant work for a Malaysian company in Malaysia and get paid in India without declaring their income to the Malaysian tax authorities. That would be tax evasion. Unless you had a Professional Visit Pass before. Under that Pass the person continues to be paid by their offshore employer while carrying out duties at a sister/branch company in Malaysia.

It's a question about where the income was "derived".

aloks

Thanks Gravitas for your quick response..
btw, they are showing gross income in EA form as total of indian salary + allowance in malaysia.
since i pay taxes on my indian salary and there is no dual taxation policy, they are only paying taxes on malaysian allowance.
Since i have only one job offer and i already resigned from my current company, I am really worried about this visa process.
if there would have any fault in taxation, IRB might have raised question.
i am really panicked whether immigration will approve my application or not.

Gravitas

Yes, it's a problem with your tax - there is a DTAA between Malaysia and India it seems - https://www.indianhighcommission.com.my/rdta.html

You will probably have to pay your tax shortfall before they approve a new EP. Any income derrived in Malaysia is taxable under local tax laws especially when working on an EP

aloks

Thanks Gravitas,
Yesterday, my new company resubmitted the application by providing the complete breakdown of tax filed for year 2016.
let see whats the outcome.

mohideen221992

All the best bro.

aloks

finally, I got the approval and  vdr letter today. Thank you guys..

Gravitas

Congratulations and Malaysia here you come (again).

mohideen221992

Congratulations bro. Wish you a happy life.

aloks

Thanks Gravitas and mohideen221992

Ranjeet12

Hi Alok, So your EP and VDR process took approx 3 weeks?

aloks

@Ranjeet.. yes it took around 3 weeks..

Ranjeet12

Thanks Alok, Also please update us once you get your entry visa stamped. I guess it would take another 1 week.

aloks

@Ranjeet.. I got visa stamped on 10th feb.. I travelled Malaysia on 24th i.e yesterday.. Thanks to all community members for their support..

Ivydicon

Why dont you ask your previous employer providering the TaX Clearance letter?
The ESd just want to make sure that you’re already done all your tax in previous. That’s it 😊

smita r j

which company it is?

diver66

My EP just got approved via MDEC, no delay, from submission to approval - 10 business days, GL all.

aloks

Congratulations..

belletsim

Does anyone know how long ESD takes to shorten and cancel an employment pass? My HR went to ESD on Tuesday and handed my passport over and she’s waiting for ESD to email her the collection date of my passport.

Thanks

mica12

About 2-3 working days.

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