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Is my employment pass valid?

Malaysian Immigration related issues and discussion. Information about work permits, employment pass, training pass, spouse program, etc.

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Is my employment pass valid?

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Postby shanno32 » Mon Dec 27, 2010 5:44 pm

Hello all,

I have had a very unpleasant experience with an employer in KL, within months of receiving my employment pass I have been terminated under questionable circumstances. My question relates to finding out whether my pass is still valid, I have contacted the employer and they will not give me an answer as to whether they have canceled it or when they plan to do so.

I have heard that they can cancel it without my passport but that it costs more and that it takes a really long time (they informed me I no longer had a job at the beginning of December). I have a feeling that this is the route they will take as this is what they tried to do with a colleague of mine. I would like to leave on a visa run, as I don't plan on leaving Malaysia until June, but am afraid of being detained at the border because of my visa's being canceled.

So, my questions are:

1) If I have the visa in my passport and it has no stamp canceling it, are the immigration officials likely to check its validity on the way out? and
2) HOW can I find out whether it has been canceled?

Oh, and I have visited the U.S. Embassy and they are pretty much useless. Any help would be much appreciated.

Thanks!
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Postby Zarrar » Mon Dec 27, 2010 10:57 pm

Go to the Immigration Dept in Putrajaya, explain your situation and check whether your EP is still valid. If not, then request them to cancel it. They will issue you a 7 day special pass to exit the country legally and then you can leave and return on a visit visa.

Good luck!

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Postby shanno32 » Sun Jan 02, 2011 6:46 pm

thanks, zarrar. i went down and the officer checked and told me it was still valid until 2012, and since i already had a trip planned to singapore i didn't bother asking him to cancel it. i just wanted to make sure it was valid for my trip. but now i have another question - the officer also told me that my employer CAN'T cancel my visa without having my passport. is this true? i have a friend who said it happened to him and he didn't know about it, that it apparently costs a LOT more money and takes a while. he ended up getting huge fines for overstaying.

seeing as i'm not sure how long before i go home, i'd like to know - CAN they cancel it without my passport? thanks.
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Postby Zarrar » Sun Jan 02, 2011 10:48 pm

shanno32 wrote:thanks, zarrar. i went down and the officer checked and told me it was still valid until 2012, and since i already had a trip planned to singapore i didn't bother asking him to cancel it. i just wanted to make sure it was valid for my trip. but now i have another question - the officer also told me that my employer CAN'T cancel my visa without having my passport. is this true? i have a friend who said it happened to him and he didn't know about it, that it apparently costs a LOT more money and takes a while. he ended up getting huge fines for overstaying.

seeing as i'm not sure how long before i go home, i'd like to know - CAN they cancel it without my passport? thanks.


They cant completely cancel it without your passport. But they can do the next best thing; which is red flag and eventually blacklist you. Your employer can go to the Immigration Dept (as easily as you did), say you (his employee) has dishonored the emplyment contract and run away. They will on the spot red flag you, meaning you will be under an order to be detained at all Immi checkpoints entering or leaving Malaysia. They will most likely throw you in a camp, call your employer, cancel your visa and deport you.

Safest option is to go back to the Immigration Dept, explain your situation, have your EP cancelled (since you are not working for the company anyway), leave Malaysia for a couple of weeks and return on a social visit pass.

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Postby shanno32 » Mon Jan 03, 2011 12:45 am

oh wow, ok that sounds really scary... i'll go back to immigration tomorrow. i really wouldn't put it past them to do all of that even though i just asked (AGAIN) for them to meet me down there, and they didn't answer, just deflected/changed the subject. i wish the officer had told me all that, he was all jolly and just like, "no it's valid until 2012, there's nothing they can do to change that unless they have your passport to cancel it." i guess i'll take my termination letter down there with me... do you know if the entry stamp i got coming back in a few days ago will keep me valid, or will i STILL need to leave again?

thanks!
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Postby Zarrar » Mon Jan 03, 2011 10:20 pm

shanno32 wrote:oh wow, ok that sounds really scary... i'll go back to immigration tomorrow. i really wouldn't put it past them to do all of that even though i just asked (AGAIN) for them to meet me down there, and they didn't answer, just deflected/changed the subject. i wish the officer had told me all that, he was all jolly and just like, "no it's valid until 2012, there's nothing they can do to change that unless they have your passport to cancel it." i guess i'll take my termination letter down there with me... do you know if the entry stamp i got coming back in a few days ago will keep me valid, or will i STILL need to leave again?

thanks!


Scary but very plausible. The officers dont like to divulge too much information until you are already neck deep in a shitty situation. The employer has all the power to do what they please with you in terms of your EP (especially since your contract has already been terminated).

The entry stamp you currently have was issued on your existing EP right? So when they cancel the EP, the general procedure is to give 7, 14 or 30 days special pass, whereafter you need to leave the country. You can return (best after atleast a week) on a social visit pass.

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Postby shanno32 » Thu Mar 10, 2011 11:47 am

okay, so after 7 VERY frustrating visits to immigration i discover that they will NOT allow me to cancel my work permit without the employer present, or at least a letter from them. even bringing my malaysian lawyer with me did not help. i finally was able to convince the devil employer to meet me down there and cancel the thing. which begs a NEW question...

i am now reaching the date that the amended permit runs out. i went to down to putrajaya yesterday to try to apply for a visit pass. they said they couldn't without a letter from my employer (SERIOUSLY?!?!?!?!?!~) at which point i told them i am engaged in a court case against said employer and that was impossible... so they sent me to another floor to apply for a "special pass," which i was told can't be granted until the old permit runs out. which is on a friday, like tomorrow. so, i'm thinking of flying to singapore and the immigration officer said that is probably a better plan, as then i will get 3 months instead of the one i would get from the "special pass."

so my question: i have heard that upon expiration of an employment pass, you have 7 days to exit the country. is this true? because if i fly to singapore tomorrow it's going to cost a LOT more money. and i'm still unemployed.

thanks!
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Dude stop thinking rational!!!

Postby guuuus » Thu Mar 10, 2011 1:51 pm

Dude please STOP THINKING RATIONAL!
This is not the place otherwise they wont need so many foreigners both expats & foreign workers.
The reasons why we're here it's because we think it's a better option compared to remain in our own country for many reasons such as crisis and whatnot.
So come to the point use the existing rules (dont ask for details because it follows the above meaning) and everything will be ok.
Even if you face problems it's part of the deal because you cannot be in ASIA without a back-up plan.
Here the idea of being precise isnt UNDERSTOOD (now, later, tomorrow is the same)...
So please go to Thailand for a short trip (a week end) and come back.
IDEA: go to any zoos in Malaysia even the feline animals got soooo lazy...
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Postby shanno32 » Thu Mar 10, 2011 8:27 pm

haha, guuus, you are so right. i'm going to leave for a bit, it's just easier that way. as far as ditching my rational thinking, i don't know how capable i am... i KEEP TRYING but grrrrrr.... it's so hard LOL. i'm seriously thinking about ditching malaysia all together, this whole experience has left a terrible taste in my mouth. don't have a job at home till august, any suggestions on cheap countries to live in the meantime? where i could teach english, perhaps?
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