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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 Aug 15, 2017 at 19:52
by   Mwee
Hi Jeff,

This is Martin Wee, we met before couple of years back at Bukit Jalil. Would like to meet you again. My contact is 0194562681.

Regards
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answered on Aug 16, 2017 at 22:11
by   Christine
I have a Filipino staff that we have applied for legalisation under Bukit Megah. I just found out the staff has gone to his Embassy to arrange for his return to his country. He owes us money. What recourse do we have ? 
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answered on Aug 16, 2017 at 22:23
by   jeff005
@Christine

Too little details to comment.
1. How old is HE?
2. What did you employ him for and for how long already?
3. Is he a legal worker?
4. How much he owe you?
5. For what reasons he wants to go home? U ill treated him?
6. Are you holding his passport?

Depending on your answers above, there are both ethical and unethical ways of dealing with runaways. Even his embassy cannot protect him.
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answered on Aug 16, 2017 at 22:28
by   jeff005
Hai Martin

You lost your phone? Sure i can remember that Towering Giant at the BJS. U still working around Ipoh Road? Heard that road is jammed like sheesh nowadays.
I will use wasap to contact U. My phone have problems calling out. I will use WIFI PC.

Wah.. u garang post yr hp no here. Not scared of scammers?

Rdgs
Jeff
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answered on Aug 17, 2017 at 03:28
by   jeff005
(Transferred from another thread)
Query on Aug 16, 2017 at 19:50
by   robert

hi my friend is black listed in malaysia and waiting for his special pass, dies it mean that he must go back to gia country or can cross another countey he likes as long out of malaysia alaready?

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Answer
@robert

EXIT PASS
The actual term is exit pass (not special pass). Agents called it special pass so that they can charge high fees for teaching you. After the surrender to IMM, in order to collect the passport and exit pass, the overstayer must buy a ticket back to own country. Cannot go to other countries.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
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answered on Aug 17, 2017 at 17:14
by   christine
Hi

1. How old is HE? 23 yo
2. What did you employ him for and for how long already? Service staff since Dec'16
3. Is he a legal worker? No, but we have applied for legalisation. Soon to do thumbprint
4. How much he owe you? RM1,500
5. For what reasons he wants to go home? U ill treated him? He is treated well. He says he misses his family
6. Are you holding his passport? No
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answered on Aug 18, 2017 at 05:22
by   jeff005
edited Aug 18, 2017 at 05:28
by   jeff005
This post (my reply) have been transferred from another thread...  https://www.lawyerment.com/answers/questions/12272/question-as-pakistani
The purpose is for sharing  issues faced by different people under their own circumstances.
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answered on Aug 17, 2017 at 20:24
by   Marium

Thanks alot Jeff. This is so helpful for me. I've some more questions.  
1-My embassy is saying that if you have passport than you don't need exit papers as exit papers is other name of outpass and outpass is for them who don't have passports. 
2- I'm thinking to make outpass as our passport having one stamp of special pass of August 2016 given by agent. Don't know if it's fake or original. If we go with the passports with stamp, be it fake or original, Malaysian immigration still will arrest us or not? Or we should make outpass and don't use our passports??  
3- if we make outpass, we need a police report for passport lost. Is it possible that police will arrest us that we're illegal here and don't have passports? What should we say to police for police report of losing the passport?  
4- last question is about my brother, he got ticket from company to go back Pakistan. He'll leave very soon. Actually in Pakistan, FIA will catch him at airport for investigation as per process for deportees. Can you give any idea about anyone from Malaysian immigration will go with my brother to Pakistan or not? And what Malaysian immigration will write on charge sheet of my brother? i need to know because it will be helpful for me to inform in Pakistan.  
Thanks alot jeff. Your answers are so helpful for me..
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My Comments

@ Marium

Please take note the following issues faced by those below are different in nature :-
@ Fahad
@ Your brother
@ You and your parents

Note: @ Fahad can make a police report as he has documents from the agent as proof. Do you have have?

you don't need exit papers as exit papers is other name of outpass and outpass is for them who don't have passports. 
Follow the procedures as advocated by your country's embassy policies.

Or we should make outpass and don't use our passports??  
Certainly a good move

Actually in Pakistan, FIA will catch him at airport for investigation as per process for deportees.Can you give any idea about anyone from Malaysian immigration will go with my brother to Pakistan or not?
Your brother is not on felony(criminal) charges, they are no Malaysian officials to escort them.

2- I'm thinking to make outpass as our passport having one stamp of special pass of August 2016 given by agent. Don't know if it's fake or original. If we go with the passports with stamp, be it fake or original, Malaysian immigration still will arrest us or not? 
Post a pic here, using your handphone, for me to see if they are fakes. You are not familiar with passports stamps, hence may not understand. If you just walk in to Malaysian IMM, there is a likelyhood that you may be detained (not arrested) for investigations.
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answered on Aug 18, 2017 at 21:54
by   jeff005
edited Aug 18, 2017 at 22:10
by   jeff005


Welcome to Malaysia

eVISA is an online application platform that enables foreign nationals to apply for an electronic visa to enter Malaysia at the comfort of your convenience.

Nationalities from China, India, Myanmar, Sri Lanka, Pakistan, Bangladesh and Nepal could apply for visas online.

https://www.windowmalaysia.my/evisa/evisa.jsp

Hahahaha.. i wanna go Inner Mongolia via China..!!
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answered on Aug 18, 2017 at 22:08
by   jeff005
edited Aug 18, 2017 at 22:13
by   jeff005
@ christine

1. If your worker has overstayed, there is no way you can legalize the employment. Using agents is more likely to get a fake employment pass. Those who came into Malaysian on a Social Visit Pass MUST go back by 30 Days.

2. If he caught working in your establishment, are you aware that the Fines of RM 10,000 and/or Jail term? More than 20 employers have been fined, many more with court case pending.

3. There is NO RE-HIRING for those who has NOT been in Legal Employment before. Do not listen to rumours and kofee shop rubbish trashy conversations.

4. Since he is an illegal for the past at least 8 months and you are not holding his passport, let go.. it is no longer worth the risk. He may have overstayed longer than he has declared and you may ended up paying his fines of RM30/day. The 1,500 debt is mere peanuts compare to the risks taken.
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answered on Aug 20, 2017 at 21:24
by   jeff005
edited Aug 20, 2017 at 21:32
by   jeff005


Saturday, 19 August 2017
No extension of Dec 31 deadline for illegals

PUTRAJAYA: There will not be any grace period for the foreign workers’ rehiring and 3-plus-1 program­mes after Dec 31, says Immigration director-general Datuk Seri Musta­­far Ali.
He warned employers and foreign workers not to wait until the last minute to get things one, stressing there would not be any time extension for the programmes. After Dec 31, we will carry out enforcement. Illegals found, as well as employers who are caught harbouring illegals, will be detained.

This is just like when the E-Card registration programme ended on June 30, we did not extend it despite appeals from employers,” said Mustafar at a press conference after his department’s monthly assembly here.

Under the rehiring programme, illegal foreign workers who have obtained their E-Cards are able to get themselves legalised.

As for the 3-plus-1 programme, illegal workers can surrender themselves and escape prosecution by paying a penalty of RM400. After paying the fine, they must buy an air ticket and return to their own countries. They will then be blacklisted from entering Ma­­laysia for up to five years,” said Mustafar.

During E-Card registration programme, many employers began flocking to Immigration Department offices only during the last few days before the deadline. Despite pleas from employers, the department remained firm that there would be no extension as it felt that the period given to register was sufficient. On another matter, Mustafar said he would be having meetings with the Chief Justice as well as the Attorney-General’s Chambers on imposing a heavier punishment for employers who harbour illegal workers.

We received plenty of feedback from concerned members of the public, who feel that people who employ illegal workers should be given heavier punishment.However, our department’s role is only to catch these offenders. The punishment that will be meted out is set by the courts.
During our meetings, our department will convey the concerns of the public. We will also be discussing about setting up a special court to deal with illegal immigrant cases, to prevent backlog,” said Mustafar.

Under Section 55B of the Immigration Act,  employers found guilty of harbouring illegals can be jailed between six months and five years, fined between RM10,000 and RM50,000 per illegal employee, and given six strokes of the rotan.

Read more at http://www.thestar.com.my/news/nation/2017/08/19/no-extension-of-dec-31-deadline-for-illegals/#cJYXEraOk0XpLOjZ.99
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