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Can I continue to stay in Malaysia while my Employment Pass is being processed?

Thu, 17 Jun 2010 12:59:47 PM  (Last updated: Thu, 17 Jun 2010 08:53:22 PM)

I am an expat working in Malaysia.

I have recently resigned from my previous employer and secured a new job.

Salient Facts:

Employer A (previous employer)

1. I recently resigned from my previous employer but my Working pass with them is valid until 2011;

2. Visa was not cancelled yet as of this writing and my previous employer agreed to put the phrase "last day is (date) but visa will be considered cancelled after a new work permit by the new employer has been granted";

3. I was given the release letter to exempt me from the cooling off period.

Employer B (new employer)

1. Application for new working pass has been submitted;

2. I was advised to leave Malaysia 7 working days after my last day with the previous company;

Reason: Accordingly, Malaysian Immigration law so states that 7 working days upon resignation and acceptance by the previous Company the Visa is technically cancelled even without the request for the cancellation of permit by the previous company.

3. To return to Malaysia once the new permit has been approved.


1. Is there such a thing in the immigration law as "automatic" cancellation 7 working days after the last day of service from the Employer?

2. Are there any viable options for me to continue my stay here while waiting for the approval/rejection of my new visa, i.e. Exemption Appeal Letter from New Employer, or sponsorship letter?

3. What are the consequences and implications if my visa application is rejected while I am still in Malaysia?

KL Siew
Thu, 17 Jun 2010 08:53:21 PM

Sorry, this is not the right place for the questions. You should consult the Immigration Department and I strong advise you to follow the instructions of the Immigration Department.

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