Transfer of company

The new employer could apply for a Special Pass to give more time to their EP application. Its up to them but they could do this.

You can exit to any other country.

However, check with your prospective new employer if you would need a VDR to re-enter Malaysia, if there is no continuity of employment/EP after 6 April.

Hi Gravitas,

Thanks for your reply.

How Long will it take for the new company to get a special pass? How many days usually the immigration will grant the new company?
Also what is a VDR?

If for worst case scenario that the current company will not provide the NOC, what will be the possible action of the new company?

It's quick to get a Special Visa - just a few days

VDR - Visa with Reference - since August 2016 it has been a requirement to enter to take up employment on a VDR, including for Filipino nationals.

Okay. I will ask the new company about the special pass.

For the VDR. is it possible that i will get it from other country (ex. Embassy of Malaysia in Thailand), even if I'm a Filipino?

Another thing, if my current company will not issue an NOC at all? Can the new company continue with the application after April 06? Is the special pass applicable and will take effect after my visa expiration date April 06?

You just tell the employer which Malaysian consulate you will collect it from and they submit the informaton as part of their EP application.

Yes, NOC is only needed if work permit is being shortened i.e. contract is being broken.

But if in case that no NOC is given, can the new employer apply in advance the special pass so that no need for me to exit Malaysia on April 6?

How many days will they allow for the special pass? Is it immigration discretion? Or is there a certain day that they will give?

Yes, as long as the job offer start date is April 7 pending immigration approval.  A special pass is valid for one month. It may be too late to get it approved now. It has been mentioned on this forum that new employer has applied for one, but normally it is used at a renewal process. A special pass is not supposed to be used for "convenience".

Last minute fixes are not really possible in immigration matters.

My personal opinion is you should plan to leave on April 6th and be recruited from outside Malaysia. If under MDEC the Visa Approval and VDR are simultaneous. It would be important for the new employer to apply for the VDR at the same time as EP clearance.

You have not mentioned your EP category or how long you have worked in Malaysia already, so the question of whether you will be subject to a 3 month cooling off period cannot be assessed.

I'm currently holding a EP Category II from my current company. And I've been here in Malaysia only for a year. Is it neccessary for me to have a 3 month cool off?

No cooling off period required.

Okay. Usually, how long will it take to process a new EP and VDR?

Also, please let me know what are your thoughts if I'm planning to exit to other country like Thailand and going back to malaysia as Tourist? Because we are allowed to enter malaysia for 30 days. For example i will spend 5 days in Thailand and comeback to Malaysia afterwards. But I'm afraid that they will see my passport having the expired visa.

MDEC/ICT say 7 working days + time to issue approval letter. Plus collecting VDR. https://expats.com.my/expats/nonmsc/app … n-process/

But if you are working in a call centre there are new rules that Filipinos have to be recruited by an intermediary such as Kelly etc. This will take much longer.

Also, please let me know what are your thoughts if I'm planning to exit to other country like Thailand and going back to malaysia as Tourist? Because we are allowed to enter malaysia for 30 days. For example i will spend 5 days in Thailand and comeback to Malaysia afterwards. But I'm afraid that they will see my passport having the expired visa and they will not let me in.

You should be outside Malaysia while Stage I (approval) is carried out. The exit stamp is usually requested by immigration once you leave. The VDR still needs collecting outside Malaysia.

All the rest is your decision.

Okay Gravitas.

Just to clear one more thing.
If i have to leave/Malaysia for the instance that my visa will not come out before April 6, do I have to clear my taxes and file a CP21 providing an air ticket going back to my country of origin?

And for example i have to work again to malaysia do i have to make again a different tax number for the new employer?

Read what paperwork is needed for the new application here (Page 22) So check with the new employer if they have everything they need..
https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

+ Latest 3 months salary slips (for Employment Pass renewal and change of position)
+ Latest e-BE /e-M tax filing (for Employment Pass renewal or change of position or change
of employer)
+ Tax payment receipts (if any)
+ Latest EA Form (for Employment Pass renewal or change of position or change of employer)
+ Account statement from Malaysia Inland Revenue Board (Note: upon request)
+ Other documents specified upon request

Your company and you need to do tax clearance ASAP (it takes up to 10 days to get the clearance letter) - http://lampiran1.hasil.gov.my/pdf/pdfam … E_2016.pdf

You are leaving the country so CP21 is appropriate (i.e. you have no legal right to remain after expiry of your current EP).

You keep the same tax  number

So still I have to do the tax clearance and to file CP21. If in case i will come back to Malaysia once my visa from new company is approved in a xertain period of time. Is there any documents i have to present to Hasil so that I can still use my old tax number and just to continue my tax payment?

You have to do tax clearance.

You cant get another job until you do it.

ALL THIS HAS ALREADY BEEN EXPLAINED

The company does a Leavers Form to LHDN.  Ask them or Google

Okay. Thank you for your great help.
Hope everything will run smoothly.