Obtaining an employment pass in Malaysia is an elaborate process as detailed attention is needed to meet the requirements. As an applicant, it is important that you are aware of all changes affecting the pass application as even the pettiest mistake like incorrect details could result into rejection.

MY EP Been Rejected

An Employment Pass is a permit issued by the Malaysian government granting permission to a foreign national to work and live in Malaysia. If you are a foreigner who wish to pursue your career and earn a livelihood here, you will require an employment pass as per the Immigration law. The Immigration Act is the main legislation in Malaysia which handles all immigration and foreign employment matters. Included in the legislation are the work permit and entry visas.

Type of Work Passes in Malaysia

As of 1 September 2017, all work passes are under the purview of Ministry of Home Affairs and the Immigration Department of Malaysia. Malaysia has various types of working passes to choose from. The type of work pass you choose would depend on your job type and skills involved.

Broadly, there are 3 work passes issued by the Immigration Department of Malaysia that a foreigner could apply for, namely:

  1. Employment Pass - For individuals who possess specific skill set in a technical or managerial position. Minimum validity period for this pass is 2 years. This Employment Pass comes in 3 categories, Category I, II and III.
  2. Temporary Employment Pass - For individuals with monthly drawn salary of less than RM5,000 and is applicable for employees with an employment period of less than 2 years.
  3. Professional Visit Pass - For skilled foreign worker who intend to provide service to a company in Malaysia on behalf of a foreign company and is usually for short-term attachment. This pass is issued for minimum of 6 months and must not exceed 12 months.

All these work passes are not considered as long-term pass and they will require renewal before the end of the validity period. As a foreign employee, you must secure job offer from a Malaysian-based company. The employment opportunity should meet the system’s minimum salary requirement. All these passes are to be sponsored by the employer of the Malaysian company. In order to do so, all the Malaysian companies must be registered with the relevant Immigration Department.

Employment Pass Application Rejection Reasons

Yes, your Malaysian Employment Pass application can be rejected and there are several possible reasons to that.

If there are certain requirements which are not met, then your application may be rejected by the authority. Some of the rejection reasons are outlined as below:

  1. Full Quota – One of the mainreasons your application is rejected is simply because there is no real reason to hire foreigners.
  2. Incomplete application forms
  3. Records not being kept up to date
  4. Failure to provide certified copies of docs
  5. Salary profile does not meet requirements
  6. Skills can be locally sourced
  7. Your employer will need to submit a strong letterofjustification, to indicate why they need to hire you.

If your application is rejected, your employer may submit an appeal, but the processing time for the appeal would depend on the circumstances and the reason for the appeal. An appeal can be lodged 14 days after receiving notice of the decision for your initial application.

In order to minimize any instances of rejection, it is highly recommended that you seek for immigration experts and visa consultants as they can bring wealth of knowledge and experience of the government’s policies and system which will be extremely useful at this stage.