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Visit (tourist visa) to Employment pass

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GuestPoster903

Hi,

There are a couple of requirements i would like clarification for regarding the ESD Employment Pass. I have looked for these informations for days but did not find much supporting information that have valid answer or only managed to find very vague answers. I greatly appreciate if anyone with any experiences on these to advice me on the latest info on below. Thank you.

1. The foreigner require at least a Degree/Diploma/Technical certificate with relevant experience to qualify for this work permit. If he does not have any school certificate at all, but has the expertise that the company needs, will it be taken into consideration or without a cert it is a rejection immediately?

2. If he enters Malaysia on a tourist visa and obtain an employment here, do he still require to get out of the country for 90 days cooling off period to process the the Stage 1 procedure, or a tourist visa can immediately be converted to a work permit?
The requirement states that visit pass (temporary employment) require this for all category but it does not state if a tourist visa is also subject to a 90days cooling off period.

3. If he is married to a Malaysian before applying for the DP10 employment pass, will this be an issue? I've read on only one website whereby a EP holder cannot marry a Malaysian while holding this however i was unable to find more concrete info on this matter

And an out of subject question :

4. Will he still be able to work without a work permit if he is holding a long term social visit pass?

Gravitas

This is the ESD guide from their website
https://esd.imi.gov.my/portal/pdf/TC-ES … r-2017.pdf

No conversion of social viist pass to employment pass

Have to be outside Malaysia while application for an EP is made by the prospective employer. They require an exit stamp if passport shows recent visit.

No cooling off period.

Would imagine if the experience is extensive and over 7 years immigration may entertain approving the applicant. It would be on a case-by-case basis.

Nationals who ordinarily require a visa to enter Malaysia need a Single Entry Visa (Visa with Reference VDR) as part of their recruitment. It is obtained from the Malaysian consulate in home or current country.

For nationals who have tourist visa on arrival, then can re-enter after Stage 1 approval has been obtained from immigration (Visa Approval Letter)

DP10 is professional visa - there are no restrictions on marriage if holding this visa. The restrictions are applied to Foreign Workers in some but not all States here.

There are various initial restrictions if married to a Malaysian (some depend on nationality), including the inability to work for a period of time. Join Facebook group Foreign Spouses Support Group and check out their NOTES section for guides https://www.facebook.com/FSSGMY/

GuestPoster903

Thank you for the quick response. Does it mean after obtaining an exit stamp, the applicant can enter Malaysia the next day but needs to be under a visa with reference, and not a tourist visa anymore? Or can the person enter without a visa with reference?
Is a visa with reference shorter than a tourist visa in this case?

If the application is rejected in the later process, will the rejection record prevents him from entering as a tourist again? Or if allowed to get out of Malaysia under the visa with reference and re-enter with a tourist visa? Note : All of this entry and exit within a few days gap.

Gravitas

The tourist visa is max allowable stay. You leave and return the day count starts again. Visa Approval takes up to a month. Minimum 10-15 working days.

Think 3 days outside  now the minimum advised but at immigration officer's discretion

The VDR is what can be converted to an EP as it's post approval.so past the rejection stage

GuestPoster903

Ah, i see. Thank you again!

Gravitas

If no VDR required then Visa Approval Letter (VAL) from immigration is required to get the EP issued after arrival. Immigration can see if person has entered too early.

GuestPoster903

Oh, so during the entire Stage 1 approval the applicant must never enter into Malaysia...

If Stage 1 approval was rejected, will the person still be allowed into Malaysia as a tourist visa or will they deny entry by the immigration?

Gravitas

Yes that is the rule - remain outside until Visa Approval Letter has been issued. The risk is that the approval may be nul and void if the rule is broken. Having to start again. An EP rejection does not affect any other immigrtation process.

Gravitas

Regarding the MM2H website. Yes, is down again. There is a meeting of all the MM2H Agents in August and its expected the new government will confirm publicly afterwards what their intentions are regarding that visa and programme. The old gov. had intended making qualification and fixed deposit much stiffer. But we'll see what happens shortly. Of course, part of that process will be to update their website.

GuestPoster903

Referring to EP : That's a relied to know.

Referring to MM2H :  Thank you for the latest news from them! I didn't know about it. Did they gave any estimate on when or how long before the new process will take into effect (if there is any changes) or do we have to wait till the website are up running?

Gravitas

We just need to wait for the announcement.

GuestPoster903

Alrighty, thank you for your assistance Gravitas :)

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