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Overstay Clearance Special Pass (MDec)

Last activity 17 May 2019 by Gravitas

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zawanlid

Hi, I am IT professional and working in Malaysia from 6 years, Recently, I have changed my employer and my new employer failed to apply for new EP endorsement from MDec before my last EP expiry date i.e 24 March 2019, My new employer is MSC status company so our EP and DPs are processed through MDec. Current situation is that my EP and DPs are approved in MDec but MDec require my new employer to apply Special Pass for Overstay Clearance from Immigration Putrajaya. So, We went to Immigration Putrajaya  last week on 10 Apr 2019 to apply for special pass and have attached MDec memo/reference letter with application, Immigration officer have accepted our application and ask to wait for 14 days processing time. I am worried, they will issue special pass after 14 days or will blacklist me and I need to go back my Country.

Gravitas

Yes this is a tricky situation because of course it is illegal to work on an EP assigned to another company.

Who is the "we" that went to Putrajaya?

Only the employer can apply for a Special Pass.

zawanlid

WE = Me, my wife and 2 kids along with my HR representative.

zawanlid

at the moment my EP and DP are approved by MDec on 18 March 2019, but my employer failed to apply for endorsement before 24 March 2019. My employer apply for endorsement on 4 Apr 2019 and by that time I was overstayed 10 days already, so MDec require Special Pass/Clearance from Immigration Putrajaya. So me and my family went to Immigration putrajaya along with my HR representative to apply special pass. My question is that will they issue a special pass to us after 14 days?

Gravitas

Too complicated to speculate on the outcome.

Basically you have overstayed since the day you started to work for Employer 2 (because you didn't have a valid EP or DPs)

This is now apparent to the immigration department but if they requested Employer 2 to apply for a Special Pass you have a breathing space to await their decision

What kind of I T job?

zawanlid

I am Senior Java Developer, fyi, My new Employer had already received EP and DPs approval letters on 18 March 2019 from MDec but some how they fail to submit my and family passports for endorsement of EP and DPs on passports within 7 days of my last EP expiry i.e 24 March 2019. According to MDec policy, by right endorsement should be done by 1 Apr 2019 but my new Employer went to MDec to submit passport for endorsement on 4 Apr 2019 so MDec ask them to go Immigration Putrajaya and apply for special pass for overstay clearance. MDec also provide supporting reference letter/Memo to attach with Special Pass application.

zawanlid

My overstay clearance and special pass has already approved on 16/05/2019.  Today i.e 17/05/2019, I went to Immigration Putrajaya to pay overstay penalty (RM30 per day if overstay less than a month) and collect 30 days special pass (fee is RM100).

Now my HR will proceed to MDec EP and DP endorsements then the life will be again as usual :)

It took around 40 days from submitting overstay clearance application to approval. I just want to share my experience so other people here can stay calm and can avoid unwanted stress while waiting for the approval. Guys overstay clearance process takes long time around 1 to 2 months but at the end you will get overstay clearance and 30 days special pass to proceed to Employment Pass or Go back your country, depends on your case.

Note: Immigration will calculate the overstay penalty from the date your last valid pass expires to the date you submit overstay clearance application at Immigration Putrajaya. So they will not count the approval waiting time. In my case when we apply for clearance we already overstayed 17 days so they just ask to pay RM510 penalty (RM30 per day) and RM100 for Special pass i.e Total RM610 only.

Cheers!

Gravitas

Thanx for update

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