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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 Sep 22, 2017 at 21:50
by   jeff005
edited Sep 22, 2017 at 23:01
by   jeff005
asked on Sep 22, 2017 at 12:16
by   Mae Deliza

What my friend need to do if she was planning to go back in philippines but the visa ended last february. We want her to come back here again without any problem

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@ Mae Deliza
Overstay is overstay.
For the 7 months overstay the  BAN  on re-entry is 5 years.

but the visa ended last february.
Malaysia and The Philippines is on Free  Visa  and Free 30 days Social Visit Pass.

We want her to come back here again without any problem
There will no problem after the 5 years. She has abused the privilege of free travel laws.

Go for the 3+1 Voluntary Surrender., only RM400.
If caught overstaying there could be Jail  and  Whipping.  Although not administered to women in Malaysia (Yes in Saudi Arabia, women can be caned in Public) the alternative will be higher fines and longer Jail term.

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answered on Sep 22, 2017 at 22:13
by   jeff005
edited Sep 23, 2017 at 00:33
by   jeff005
Asked on Sep 22, 2017 at 15:59
by   GN Balaji

One of Known family's Son, went to Malaysia, through an Agent, from Hyderabad- Murtaza and again another Agent , at Kaula Lampur- Kumar, The Boy in question, during his stay, was threatened to work in the Agent's Own Hotel, or else... etc ? Secondly, he took almost 1-1.5 lakh, as a Agent Money, but did nothing, thirdly, he confiscated his Passport. lastly, with no work permit and visa expiry, this Boy- Named Umesha, was arrested and sent to Jail, In fact, this Poor Boy, is from a real Poor family, of having, one square  Meal, a day, ****, I Only pray and hope, that this agents must be punished, but, is there anybody , who can do that. Nobody, and this continues to flourish.

 
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@ GN Balaji

It is the source of  Human Trafficking  from your own country. Those agents are Seekers and are blood sucking scums of society.

How To get some form of Justice?
Post here the names of those agents both in your country and the Malaysian Slave driver.
Post their names, addresses contact numbers here in FULL, there is something the public can do. The address of this Hotel is important. We will blacklist this hotel.

No worries, if these are true facts, you cannot be sued .



was arrested and sent to Jail,
Was he caught working inside the hotel  and was jailed for this offence? Or he was caught while walking on the streets?
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answered on Sep 24, 2017 at 17:25
by   jeff005
edited Sep 24, 2017 at 17:26
by   jeff005
http://www.themalaymailonline.com/malaysia/article/14000-illegal-immigrants-320-employers-detained-in-ops-mega#yjbwhzCDGTgdstLI.97

14,000 illegal immigrants, 320 employers detained in Ops Mega

GEORGE TOWN, Sept 23 — A total of 14,000 illegal immigrants and 320 employers were nabbed in operations by the Immigration Department nationwide from July 1 to last night, said Immigration director-general Datuk Seri Mustafar Ali.
He said after the end of the E-Card registration on June 30, the department launched Ops Mega on July 1, to flush out unregistered illegal immigrants and errant employers.

“To employers who are still adamant on harbouring illegal immigrants, I want to tell them that the department will not compromise on the matter and they will face severe action including freezing of assets and accounts if they are convicted,” he told reporters after a working visit to Penang International Airport here today.

The E-card programme launched on February 15, this year ended on June 30, to enable illegal immigrants to obtain valid work permits through several procedures set by the Home Ministry.
Mustafar said employers found harbouring illegal immigrants would be brought to court for further action while the illegal immigrants would have to pay a compound before being deported home. — Bernama
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answered on Oct 4, 2017 at 03:20
by   Kety
I'm a study from Sunway University i have been overstay for 1 year and eight months but now i want to travel back to my country, i am from Botswana i want to know if i surrender to Immigration with my ticket what is going to be the penalty please i need advice on what to do, 
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answered on Oct 4, 2017 at 04:15
by   jeff005
@ Kety

Did you cancel your student pass properly?
Are you still owing the college any fees?

For voluntary surrender, pay a total of RM 400 only.
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answered on Oct 5, 2017 at 23:35
by   Peter
I studied in Sarawak and I'm from West Malaysia (Peninsular) , and I just realized I overstayed due to the immigration policies even though I'm a Malaysian citizen myself. 
I'm in the wrong for not realizing I had to renew my pass.

What should I do now? My student visa expired on Feb this year.

Will I face the same thing as well like the foreigners?

And if I do surrender, will I ever be able to come back to Sarawak to continue study again?

I just googled and this forum came up so please advice me if I shouldn't post like this.
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answered on Oct 6, 2017 at 01:50
by   jeff005
edited Oct 6, 2017 at 02:58
by   jeff005
@ Peter

Nothing is wrong with your posting.
Overstay in your own country???? Si Liao lo..

Although immigration is controlled by Sarawak under their State Constitutional Laws, you must abide by their immigration rules. The most they can do is to fine you for any violations. 

If they do ban you, use Educational Act and Federal Constitutional Laws as a Malaysian Citizen to set it aside or even sue them for violations of personal rights.

This is my personal view unless someone can give a better solution. Go to IMI Dept to sort it out. Yours is not overstaying but mere minor violation of student pass.
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answered on Oct 6, 2017 at 04:19
by   Peter
@ jeff005

I know it sounds strange, but I'm worried cause it may affect my studies, and I can't find any info regarding this issue, and all I find are fines or worst jail time.

I'll update once I sort it out so that there's some info for people like me in future.

Thanks for your reply.
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answered on Oct 12, 2017 at 16:26
by   jeff005
edited Oct 12, 2017 at 17:01
by   jeff005
asked on Oct 11, 2017 at 22:14
by   Simon05
Hi , i am a vietnamese in malaysia now. Johor. I have lost my passport and i want to go back . What should i do? Please help.

3 Answers

[url=https://www.lawyerment.com/answers/users/203/jeff005][img=36x36]https://img.lawyerment.com/answers/avatar/1/2168_tn.jpg[/img][/url]
answered on Oct 11, 2017 at 22:38
by   jeff005
How did you lose your passport? 
Did you lose your wallet too? 
Go make a police report for lost passport. 
Your lost passport will be blacklisted in Interpol and Aseanapol. 
Bring the police report to your VN embassy. 
Your embassy will issue you exit documents. 
Then with polis report and exit documents go surrender to Immigration Malaysia. 
If you have overstayed 
Pay rm300 fine for overstay, rm100 for Exit Pass for airport immigration. 
Buy own air ticket. 
Immigration Malaysia will give you a free bonus ticket too, a "Get out of Jail" free card. Do not pass "GO"

answered on Oct 12, 2017 at 00:49
by   Simon05
Thank you so much for your advice. If i have overstayed, wouldnt i face problem in the police station? Would i still be able to have chance to the embassy? 

[url=https://www.lawyerment.com/answers/users/203/jeff005][img=36x36]https://img.lawyerment.com/answers/avatar/1/2168_tn.jpg[/img][/url]
answered on Oct 12, 2017 at 10:39
by   jeff005
If you just overstay and did not lose your passport, my advice is go to your VN embassy to seek help. Report loss of passport, other countries under Aseanapol, may blacklist you from entering their countries for no time limit. 

Think wisely if you are a young person. 

The new rules in the US now is that if you lost a passport and have overstayed in other countries before, they may not issue you a Visa to enter. Many countries are following the same in Europe. 

9 put 10 illegal workers who overstay in Malaysia, report lost of passport which is giving Interpol a big headache and a big database of useless information. Interpol will suggest ban on issuance of passport for reports of lost passports more than one time. 

The rule of thumb now in this new period/policy, is never report loss of passport, 
Unless 
Your passport have been defaced or made obsoleted by false visa or false extension of visit pass or even false work permit.
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answered on Oct 18, 2017 at 19:43
by   Pal3
Hi dear jeff005, would be grateful if you could give advice on the situation of my friend from China. He came into Malaysia on a social visit pass, before the expiration of 30 days, an agent tried to apply EP for him. 

1. It was told that the agent managed to apply EP, but failed to get visa for him (?) I'm not sure whether there could be such a situation, or is the agent lying. Kindly enlighten.  

2. Anyway, the decision that he failed to get the visa was only known a week ago. He has overstayed in Malaysia for more than half a year now. He plans to go back China immediately after getting back his passport. So the question is, which is the best way for him to go back? 

3. I'm aware of the 3+1 voluntary surrender program. But I'm wondering would any proof that before this he was trying to apply for a valid visa, or that he had successfully obtained the EP, helped him when he goes to the immigration department?

4. Is the penalty/ fine for each case according to the discretion of the immigration officer?
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