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malaysia visa cooling procedure and back to duty

Last activity 05 April 2019 by post

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swaroop_ray

Hi,

I am expat working in malaysia from past 3 years. my visa category comes under III. now my visa will be expire in coming month. Now my Hr informed me there is a cooling period you have to leave malaysia for 3 month.  i have doubt that is that really need to take off 3 months?  what are the procedure if i again join to same employer.?  need to chop one more time single entry visa, i was come earlier?


Thank you

Regards,
SWAROOP

Gravitas

Your HR has informed you correctly. You need to be off contract for 3 months cooling then go through a hiring process from start to finish again. This means you need to be outside Malaysia while stage 1 is done (i.e. immigration decision) and you need a visa with reference to enter for work purposes. Now you also need a medical and security clearance as Category III. However, if your company offers you a new contract at Category II, you don't need the cooling period. Check this document for details about cooling etc. https://esd.imi.gov.my/portal/pdf/tc-es … y-2018.pdf But of course it can't be the same job you already have, it must be more senior also salarywise.

Page 30

COOLING OFF PERIOD
1. Employment Pass Category III holders whose pass have been renewed for two (2) times or 3 years
in a row MUST leave the country and serve 3 months cooling off period to be able to apply for
Employment Pass Category III again. Exemption is only given for cases of Employment Pass Category III
converting to Employment Pass Category I / II.
2. Employment Pass Category III holders who are changing employers MUST leave the country and
serve 3 months cooling off period to be able to apply for Employment Pass Category III with
different employer.
3.Visit Pass (Temporary Employment) holders who wanted to convert to Employment Pass
(all categories) MUST leave the country and serve 3 months cooling off period to be able to apply
for Employment Pass (all categories).

swaroop_ray

Thank you for the information...

swaroop_ray

hi,
im expact working in Malaysia,  recently fresh visa renewal made.  now i going to change my job . my interview all confirmed. i gave all the document to company agent. he submit the document to expat division Malaysia.  its almost 10 days over . i checked my visa status in their website , the results as below


Draft; The application is currently in draft status. Kindly complete the form and submit the application to proceed for the next stage.
Pending paymentThe application is on hold for processing until payment is made.
Submitted/Documents verificationThe application has been submitted and is currently being processed for data accuracy and document(s) verification.
Decision stageThe application is scheduled to be presented to Expatriate Committee.
Pass Approval StageThe application is successful and pending for pass approval.
Pass Issuance StageThe application is approved. Company may proceed for endorsement process.
Endorsed/CompletedThe pass is already endorsed in the applicant's passport.
Application CancelledThe application is no longer in process.
Return to CompanyThe application is returned for amendment of info or further information is needed.
RejectThe application is unsuccessful as per the decision by the Expatriate Committee.
Deferral ;;The application processing is on hold for internal checking by the respective team as required by the Expatriate Committee.

and the final status shows; deferral.

anbody can answer this?? please............

Gravitas

Wow good to see all statuses.

Think current application is with regulatory authority for clearance. So no actual application yet to immigration

mohideen221992

Swaroop,
Final status is nor deferal bu drafts.

Yes your status now in drafts.

Dont worry will approve soon.

ansaribinhyder

Hi there

Currently i am working in Malaysia and i am process of switching company. My new company has already apply for new visa through ESD. Current status shows deferral.
Can anyone guide how long it takes to get approve?

Deferral ;;The application processing is on hold for internal checking by the respective team as required by the Expatriate Committee

Gravitas

I think it means the preliminary steps of getting sectoral approval are being carried out. With that committee approval in place immigration can receive the application

ISMAIL1992

dear friends, i have served one year to my company as engineer under one year contract and expat visa of category iii. currently my company has extended my contract for one more year and applied for extension of my existing visa for another one year. two times has been rejected and both case not stated any reason. please if any of you had a similar case would you mind to advice. thank you guys!

Gravitas

The main reason for rejection is that the job can be done by a Malaysian. i.e. there has been a competitive process (job advert) and Malaysians could apply. Skills transfer is a big issue in Malaysia. During your 1 yr the company should have ensured you trained a Malaysian.

ISMAIL1992

Hi Gravitas, thank you for your reply, if this is the case, may a company apply my visa under Category II?

atif001

Hi,

I am in similar situation, could you please tell us what happen in the end of your application process?

Thank you

post

Does the three-month cooling period break the five-year stay requirement if you intend to apply for PR status by working afterwards?

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