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What to do if you overstayed in Malaysia

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asked on Jan 3, 2017 at 14:45
by   jeff005
edited on Jan 9, 2017 at 05:51
 
Attention to those who have Overstay in Malaysia

Surrender to Immigration is the ONLY Solution:

1. Bring the passport that you have used to come into Malaysia.

2. For those who have "lost" their passport, go get new Temporary Passport from your Embassy in Malaysia.

3. For "lost" passports and unable to proof with documents the actual date of entry into Malaysia, be prepared for higher fines and longer ban period of re-entry.
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answered on Jun 30, 2017 at 05:54
by   jeff005
edited Aug 6, 2017 at 05:27
 
@ jaried

I am really disappointed with your Embassy Officials. They give bad advice for your case.

Did you read @ AnnF above. She only overstayed a few days. And the official also asked her to surrender for the 5 years ban. In essence, as at today 30th, you may have overstayed 2 days only. 

Questions:
1. Have you registered the birth of your child?
2. What is stated on the child's birth certificate? Malaysian?
3. You married in Singapore, did you two register the marriage again here in Malaysia?
4. Is the marriage registered with your embassy in Singapore and then here in Malaysia?
5. Where did you give birth? Government Hospital or Private? Or private maternity clinic?

1. What is the best thing to do? 
Make an appeal to the Immigration with proper documentations.

2. I have a family in Malaysia will I be banned to come here?
Make a successful appeal, they might just ask you to go back to your country and come back 3 months later (I am not sure).

3. Ask my husband to go to the Immigration and tell them that I am still under post natal confinement.
Not strong point. Refine on it. You need it. Your husband has enough time to apply for "special extension" of your social visit pass (normally cannot extend) and at the same time apply for Long Term Social Visit Pass (LTSVP) with the marriage documents from Singapore for the purpose of registering the Marriage in Malaysia plus birth of the child as no airline would fly you. You have just delay too long after the birth of the child.
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answered on Jul 2, 2017 at 03:18
by   AnnF28
edited Aug 6, 2017 at 06:36
 
Hi Jeff,  

It's been for a while for not updating here due to no result yet. I have to follow the Embassy policy (As per protocol??) as they have there own schedule to follow, and yes finally they gave me the nearest date to go to the Immigration with the help of my Embassy officers this July 3, They don't want me to go by myself to the Immigration without my travel documents in hand and without the Embassy officials to accompany us. They said it's my own risk to go there alone and surely they will detain me or put me to jail. They further said my passport has no validity at all, even 1 day overstay is an offence already. Yes that's right it's so sad that our own embassy advised that things and not really guiding the right thing to do. 

I'm overstay for 20 days up to that date on said schedule even though I take action right away, hopefully things will goes smoothly for me, to all reading on this Forum used my case as reference.

I will update from time to time till reach home Philippines. Thanks.
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answered on Jul 2, 2017 at 07:44
by   bigmarco
edited Aug 6, 2017 at 06:37
 
Hi Jeff

I'm Mark based in the UK married to a Filipino. Her brother has overstayed in Malaysia by approximately 3 years. He's been messed about over the years by various employers/agents who have promised to help him out but once they've received some money (usually from us) it comes to nothing.

Anyhow he wishes to go home now but is worried about ending up in jail. We're prepared to help him out financially but would be grateful if you could give us some pointers as to the best way for him to leave the country. He has a valid passport and we'll help out financially so what is his best course of action.

Many thanks in anticipation.
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answered on Jul 2, 2017 at 22:51
by   jeff005
edited Aug 6, 2017 at 06:40
 
@bigmarco

The best way is to take the 3+1 surrender option which is offering a ban ticket of 5 years for re-entry for the payment of RM400.
 
This is a good carrot.

Go to the embassy of your country, the officials there will help him with the necessary documents.
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answered on Jul 4, 2017 at 12:06
by   AnnF28
edited Aug 6, 2017 at 06:53
 
Hi Jeff,

Everything is done now. I was there at the Immigration yesterday and the officers asking only minimal questions they are all nice. After they took my finger print thumb print for both hands no further questions ask. I did not see the result as to how many months or years I've be banned at the Immigration cause our Embassy will take over that on our behalf. This Friday, we go back to the Embassy for the travel documents and by weekend we can travel back home. Thank so much for your advice here.

To all who have issues specially overstaying, report to your respective Embassies and they will assist you. But it's a lesson learn also don't violate the rules while we are in foreign land. So that we will not end up in trouble. But it's a case to case basis like mine.

Jeff, I will update again here once I'm in my country and landed safely. Please do continue your advice and support its really helpful. Once again thank you.
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answered on Jul 4, 2017 at 21:44
by   Jaried
edited Aug 6, 2017 at 06:55
 
@Jeff

Everything is fine as of now. I went to the Immigration in Penang and they extended my pass to another 30 days. Thanks for taking your time to advise us. It really meant to us who are in the dark about the law/ policies in Malaysia.

Thanks again so much. 
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answered on Jul 4, 2017 at 22:15
by   jeff005
edited Aug 6, 2017 at 06:55
 
@ Jaried

Many thanks for your update.

Immigration people are human beings too. With proper documentations shown, there can be a successful appeal just as in your case. If you have used the 3+1 Voluntary Surrender as per your Embassy has suggested, the 5 years BAN is there.
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answered on Jul 13, 2017 at 06:53
by   jeff005
edited Aug 6, 2017 at 07:05
 
Asked on Jul 13, 2017 at 00:44
by Vamshikhanna Pilli

How to get outpass from Indian Embassy and how I know that the Immigration clearance system is cleared when I check-in at the airport. What is the procedure?


@Vamshikhanna Pilli

1. How long you have overstayed? Or are you working here legally but have issues with your boss? And you want to go back to India?
2. Go to your country's Embassy to report your overstay. They will give you exit documents.
3. Bring those docs to the Malaysia Immigration HQ at Putrajaya to Surrender yourself. Use the 3+1 Voluntary Surrender. Pay RM400 (RM300 for penalty + RM100 for Immigration Exit Pass). There is a ban re-entry into Malaysia for 5 years.
4. Immigration there will inform you when you can leave and you buy air ticket when collect Immigration exit pass.

If you have not completed your 2 years foreign employment contract, you are not allowed to leave until you have settled any balance of all the COSTS of bringing you into here. Any breaking of the contract, you will be banned from coming into Malaysia to work again. However, you can come in as a tourist after a period of time. It is up to the Malaysian Embassy whether or not to issue you a Visa. 
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answered on Jul 14, 2017 at 06:37
by   Vamshikhanna Pilli
edited Aug 6, 2017 at 07:08
 
@ Jeff, thanks a lot but one question.

I've not completed two years in Malaysia (I've not even sign my contract letter), already my boss took two months salary for my visa in the first year. Now to whom I have to pay the hiring cost. I mean my boss or the Immigration because anyway my boss doesn't know that I am going back to India.
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answered on Jul 14, 2017 at 14:08
by   jeff005
@ Vamshi

1. When you arrive in Malaysia?
2. Who is holding your passport now?
3. Have you done the mandatory Medical checkup?
4. Have you gotten the TYPHOID  Injection?
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