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Changing type of visa from Work Permit to Dependant

Last activity 25 March 2019 by Gravitas

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Sendi.Monika

Hi!
I am having two questions:
1. I have annual leave days accepted - my vacation is planned in a month. In a week I would like to make a notice at my workplace and it’s lasting three months. If the manager already approved my leave - can he take it back since I will be on resignation period? Even if I have it in a system, email and have to use my entitled annual leaves?
2. I would like to change my visa type - from Work Permit to Dependant Visa (since my husband works in Malaysia as well, he is foreigner).
How the process looks like? Will I have to leave the country when my employer will cancel my visa? Can I apply straight away for a new one?

Please let me know since I have few consideration :)

Gravitas

1. Yes they might not want you to take leave during notice period but depends on company policy.

2. The EP is shortened in length to a future date and once this is done you can apply for a DP to start immediately after the end date of the EP. In the past it has not been necessary to exit Malaysia.

Sendi.Monika

Well there is nothing in company policy and in my offer letter - only how long notice period it is. If he already approved and said ok, guess he can not just take it back?

Gravitas

Yes they can and might if the leave requested is during the notice period as in effect the contractual agreement has been breached.

Also it's possible they may if the length of contract worked up to termination date does not give you enough leave days to take when compared to your request

A company can also dismiss you immediately and just pay out any holiday pay owing.

Check there are no clauses where the company can claim expenses for immigration costs if contract is broken

Sendi.Monika

So there is no clauses about visa fees and nothing more about notice period than it is 3 months... In the company policy there is nothing more.
I belive they can not just dismiss mi immediatly since it's big company.

Gravitas

This may be of interest

http://www.nhrc.com.my/termination#.XICFKBjmiyU

Rohinee

I have few questions on same topic:
1. If they shorten the EP validity, do my husband need to apply for DP by the time EP is valid?
2. What is the procedure to change EP to DP?
3. When we should start the DP application process? (How many days before the expiry of EP validity?)
4. How many days it takes to complete procedure?

Gravitas

Rohinee wrote:

I have few questions on same topic:
1. If they shorten the EP validity, do my husband need to apply for DP by the time EP is valid?
2. What is the procedure to change EP to DP?
3. When we should start the DP application process? (How many days before the expiry of EP validity?)
4. How many days it takes to complete procedure?


Can you explain your situation more?

So you both have an EP at the moment and husband is leaving his job?

Rohinee

Hi,

At this point me and my husband we both have EP. (I came to Malaysia on DP, few months back I got job and changed my DP to EP).

I am thinking to resign now, that's why I wanted to know if is it possible to convert EP to DP again?
If yes, then what is the procedure, how much time it takes and when should we start the procedure.


Thanks & Regards,
Rohinee

Gravitas

OK. First step is to plan your last day in employment and see if your husband's employer will process your return to DP or suggest an agency that can assist. The two steps are shortening your EP and approval of your DP.

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