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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 Dec 6, 2017 at 16:45
by   jeff005
@ Liliyah

Thank you for your info.

My comments
There are many issues with this case.

1.  This student have overstayed, has he/she completed the whole course and have paid the uni in full. If he did not, they will collect the full course for previous signed student contract.

2.  It may be to the same uni again. Cannot change uni as he was brought into this country by this uni.

3.  Can many students afford the new fees (now have to be paid in full in advance due to bad experience)?

4.  Do take note that not many front desk officers are versed in immigration laws and can sometimes make guesses on behalf of other critical govn depts like immigration.

5.  The final decision still lies with immigration. Like what you mentioned, if this can be done, something is not right with so many students overstayed and lepak around or working illegally? How did he survived the 13 months?

6.  EMGS wants processing fees.. Immigration does not get any fees? Don't you agree that IMI will sure to put a high penalty for the 13 months overstay?

For student pass, an overstay of 6 months may be acceptable, but for 13 months is a bit too long. 

Just my 2 sen worth of opinions.

Thanks for bringing up this anomaly.
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answered on Dec 10, 2017 at 08:00
by   Pawan
edited Dec 20, 2017 at 04:22
 
I am from India and overstayed in Malaysia with my wife and two kids for 3 months. What do I do now as I want to go back to India?
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answered on Dec 10, 2017 at 10:59
by   jeff005
edited Dec 10, 2017 at 10:59
by   jeff005
@ Pawan

Just go to your India Embassy for exit docs and for further advice.

Pay RM400 per person. Go before 31/12/2017.
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answered on Dec 10, 2017 at 21:48
by   jeff005
edited Dec 10, 2017 at 21:51
by   jeff005
@ Dingson 

The 3+1 Surrender expires 31/12/2017. Beyond that date, the normal penalties of : 
1.  Overstayed Penalties of RM10,000 (max) 
2.  Jail Term and Whipping 
3.  Ban of 5 years for re-entry 

Whether you are caught walking on the streets or working illegally, or even if you go surrender.
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answered on Dec 11, 2017 at 11:31
by   jeff005
edited Dec 11, 2017 at 11:31
by   jeff005
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answered on Dec 11, 2017 at 11:54
by   jeff005
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answered on Dec 12, 2017 at 14:50
by   neal
edited Dec 20, 2017 at 04:24
 
I am from India and I overstayed in Malaysia, can you please tell me that I have to go to Indian Embassy first or I can go directly to the Immigration Malaysia and what documents I need?
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answered on Dec 13, 2017 at 01:50
by   jeff005
edited Dec 20, 2017 at 04:26
 
@ neal

go to Indian Embassy first or I can go directly to the Immigration Malaysia
Your embassy first.
The same answers are as above.
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answered on Dec 14, 2017 at 10:41
by   Ryan
edited Dec 20, 2017 at 04:32
 
Good day, sir! I need your advice regarding the situation of my wife in Malaysia.

She runaway from her employer about 2 years and she wants to go back Philippine. But she only has photocopy of her passport. What she need to do.. She's only 1 year overstay in Malaysia..
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answered on Dec 14, 2017 at 12:20
by   jeff005
edited Dec 14, 2017 at 12:23
by   jeff005
@ Ryan

Good day to you too.
Your wife has committed 3 offences
1.  Lost of passport
2.  Runaway Worker
3.  Overstayed

FOR YOUR WIFE's CASE
There could be a life line. If she has been a legal worker with Legal work pass permit, get the current employer to legalize her under the " Rehiring Program " which is expiring 31/12/2017

Her current employer have to personally register her to immigration. No Agents, no 3rd Party..!! If she does not qualify due to unforseen circumstances, just "surrender". The Penalty is just RM400. A lot depends on whether the initial employer/agent on whether they have reported her running away from the ex workplace and have added theft  of any items.

Procedures (Personal view)
1.  Go to your embassy to get exit documents
2.  Employer bring her direct to immigration Malaysia and check her " STATUS ". If IMI have no objections to her registering, then do it if she wants to still work here (depends on the type of services). If got objections, then only show the exit docs from the Embassy and opt for the "3+1 Voluntary Surrender" .

She runaway to her employer about 2yrs 
She's only 1yr overstay in Malaysia.
The above could mean that she came in on a valid Employment Pass. That could mean that she may qualify for the " Re-Hiring".

That could be the best approach as, if she "Surrenders", there is a 5 year  BAN  from coming to Msia and on top of that a 10 years BAN  from seeking employment here for being a runaway worker before.

Check if there is a  WORK  PERMIT  sticker in the photostat copy but the ex employer could have could still be having it. Only by going direct to IMI, her status could be determined.

Tick Tock Tick Tock..  2 weeks to go. Time is running out. Decide fast and work fast.!!

Good Luck
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