Employment pass for Malaysia rejected. What to do next? HELP!!

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cubeliv New member

Member since 12 February 2019

cubelivNew member12 February 2019 12:43:13

I am an Indian national who got a job offer from a reputed Tech company in Malaysia on a Software Engineer position. (Salary was ~ 10k MYR) The company is quite famous in Malaysia and I guess there are lots of users of their products. I was told to submit my documents for Employment pass of category 2. Initially I was told that the process will take close to a month. However since the process took longer than expected they suggested that I can start work remotely which has been going fine and I have received salaries too.

However it has been over 2 months and today I got the news that the application was rejected due to some issues. I had a chat with the people at the company and they suggested that they can try to apply for a Professional pass and also continue to reapply for the Employment pass. At the same time they also suggested that I can wait for one of them to be approved and continue to work remotely or I can come over there on a Tourist Visa and continue to work till one of those(EP or PP) is approved.

At this point I'm feeling these to be red flags. Why would a company suggest to me to come and work on a Tourist Visa since it is not legal. I'm quite confused and also sad since I was really looking forward to working there.

The positive things I have seen so far are:

1. They asked to work remotely and I got paid so far. My salary isn't low either. Since this is a Software job I got access to a lot of things and portals at their company

2. The company is quite famous although it is a startup. It has expanded to multiple countries now. They also have many foreigners even from my country working over there.

3. This was a Software Engineer position and I've heard IT positions are usually more likely to get Visa approved.

Red flags:

1. Why would they offer me to come on a Tourist Visa considering that won't be illegal

2. The process took more than 2 months before getting rejected. Will it take this long before the application is rejected?

On the one hand I see these red flags, on the other I don't see the point of deliberately keeping me in the dark. What should I do at this point? Please help. Thanks!!

Gravitas ViP

Member since 02 March 2011

GravitasViP12 February 2019 13:26:54

9040

Something is wrong. You are right to see a red flag. It is illegal to enter Malaysia on a tourist visa and work. Equally you put yourself at a huge risk that the company never gets immigration approval and deportation is the only way to leave. In fact the EP and PP are the same thing.

Moreover 10k per month is category 1 level not 2.

You need an approval from immigration and a Calling Visa to enter and be able to convert the calling visa (VDR) into a work permit.

Regarding the PP, this is only used when your current employer seconds you to Malaysia and continues to pay your salary.

Red flags everywhere.... Stay safe

cubeliv New member

Member since 12 February 2019

cubelivNew member12 February 2019 13:33:43

Gravitas wrote:
Something is wrong. You are right to see a red flag. It is illegal to enter Malaysia on a tourist visa and work. Equally you put yourself at a huge risk that the company never gets immigration approval and deportation is the only way to leave. In fact the EP and PP are the same thing.

Moreover 10k per month is category 1 level not 2.

You need an approval from immigration and a Calling Visa to enter and be able to convert the calling visa (VDR) into a work permit.

Regarding the PP, this is only used when your current employer seconds you to Malaysia and continues to pay your salary.

Red flags everywhere.... Stay safe

Thanks a lot for the reply Gravitas.

Isn't professional visit pass different? This is what I am talking about https://esd.imi.gov.my/portal/expatriat … isit-pass/

Regarding the salary, it is slightly less than 10k so I just wrote ~10k.

But you are right. These are obvious red flags

cubeliv New member

Member since 12 February 2019

cubelivNew member12 February 2019 13:35:32

Gravitas wrote:
Something is wrong. You are right to see a red flag. It is illegal to enter Malaysia on a tourist visa and work. Equally you put yourself at a huge risk that the company never gets immigration approval and deportation is the only way to leave. In fact the EP and PP are the same thing.

Moreover 10k per month is category 1 level not 2.

You need an approval from immigration and a Calling Visa to enter and be able to convert the calling visa (VDR) into a work permit.

Regarding the PP, this is only used when your current employer seconds you to Malaysia and continues to pay your salary.

Red flags everywhere.... Stay safe

Also what would you suggest to me at this point? Thanks!!

Gravitas ViP

Member since 02 March 2011

GravitasViP12 February 2019 13:58:34

9040

What I meant by EP and Professional being the same is the EP is a professional category work permit

A Professional Pass (PP) is for secondments where no salary is paid by the Malaysian entity.......

What was the reason given by immigration for the rejection?

That's important to know

If they even made a legitimate application they can Appeal in certain cases

Just don't arrive on a tourist visa.

cubeliv New member

Member since 12 February 2019

cubelivNew member12 February 2019 14:30:35

Gravitas wrote:
What I meant by EP and Professional being the same is the EP is a professional category work permit

A Professional Pass (PP) is for secondments where no salary is paid by the Malaysian entity.......

What was the reason given by immigration for the rejection?

That's important to know

If they even made a legitimate application they can Appeal in certain cases

Just don't arrive on a tourist visa.

Thanks for the reply. I see, this just means more red flags. Can't trust them at all now. Tourist Visa suggestion was illegal. Professional pass way isn't applicable so not sure why they even suggested that. And EP is rejected.

The reason had something to do with the company. They said they'd be reapplying for EP and said that I would have to wait for a month. I don't understand how a company like them can act this way. Really frustrated and confused right now. Yes, no way I'm going on a Tourist Visa. Don't want to be blacklisted. Thanks again!!

cubeliv New member

Member since 12 February 2019

cubelivNew member13 February 2019 13:12:11

Gravitas wrote:
What I meant by EP and Professional being the same is the EP is a professional category work permit

A Professional Pass (PP) is for secondments where no salary is paid by the Malaysian entity.......

What was the reason given by immigration for the rejection?

That's important to know

If they even made a legitimate application they can Appeal in certain cases

Just don't arrive on a tourist visa.

Hey, if a company that is operating in Malaysia but registered in some other country, say Canada or US, in that case is a Professional Visit Pass possible?

Gravitas ViP

Member since 02 March 2011

GravitasViP13 February 2019 15:11:29

9040

Yes. Just need you to be employed and paid by the offshore company and seconded to legally incorporated Malaysian branch.

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