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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 Feb 2, 2017 at 22:43
by   jeff005
edited Feb 13, 2017 at 04:43
 
@aluap30

I'm married to a Malaysian citizen of Hindu race last 2012. 6 months before I was married, I gave birth to a baby girl and she is now 5 years old. I gave birth in Malaysia but we're not yet married that time. Its written in her birth certificate - Bukan Warganeagara.

So until now I'm waiting for her citizenship or PR since we are married. We already applied for that, but why still no letter received? Jabatan Pendaftaran Negara (JPN) told us to wait for letter of approval. Please advice me what to do. I already have 2 kids now my youngest already has MyKid.


This is a very tough question to answer as it involved the future of a child.

Questions:
1. Is the father's name on the birth certificate?
2. I do not think you have permanent residence (PR) status yourself. What type of Visa are you holding on now and validity period?
3. What did you apply for your daughter? Citizenship and/or PR?
4. Is your daughter's birth registered with your country's Embassy in Malaysia?
5. Is your marriage registered with the Malaysian Embassy in THE PHILIPPINES?
6. What is the color of the birth certificate of your second child?
7. What is the color of the MyKid of your second child?
8. Are you working in Malaysia now?
9. Do you hold any educational degree?

Read the posting of " Leng " on this thread:
https://www.lawyerment.com/answers/questions/4236/banned-from-malaysia-after-overstaying?g=7#a35325
Even after born and living in Malaysia for more than 20 years, her Filipino boyfriend still have not got citizenship.
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answered on Feb 3, 2017 at 02:38
by   aluap30
edited Feb 13, 2017 at 04:45
 
@Jeff

My answers as follow:

1. Yes, her father's name was written in her birth certificate.
2. My visa type is spouse visa/multiple entry visa
3. I applied for her citizenship
4. Yes, her birth certificate was registered in my embassy.
5. Our marriage was registered also in my embassy.
6. My second child birth certificate color is green, my 1st child is pink.
7. My second child Mykid color is pink.
8. Just housewife.
9. I'm marketing graduate. But when I was married I never had a job here.

I came here last 2011, my marriage was registered 2012. I gave birth to my first child last 2012. I just went to Philippines for 4 months vacation and my children stayed here. I haven't take passport for my first child. 
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answered on Feb 3, 2017 at 02:43
by   aluap30
edited Feb 13, 2017 at 04:46
 
I just renewed my passport last year here in embassy and went to the Immigration for new visa and they gave me 5 years, so 2020 will be the expiry year of my visa. 
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answered on Feb 3, 2017 at 03:50
by   jeff005
edited Feb 13, 2017 at 04:50
 
@ aluap30

Personal views/comments (non-legal):

2. My visa type is spouse visa/multiple entry visa 
Yours should be a Long-Term Social Visit Pass (LTSVP). You are given a 5 years which is only available for spouses only. Hence many wrongly called it "spouse visa". Your new visa, did it state "Spouse Visa" on the sticker certificate?

Note 1 (Citizenship)
If a mother carrying the baby is a non-local but the biological father is a Malaysian, and they are married legally, then the baby will have a Malaysian birth certificate. However, if the same couple did not marry legally, then the baby will follow its mother’s citizenship. 

Note 2 (Birth Certificate)
Birth certificates for foreign nationals, including IMM13 holders and expatriates, were pink in colour as opposed to Malaysians who received green birth certificates
Source: Excerpts JPN
Refer to: https://www.lawyerment.com/answers/questions/11886/malaysian-citizenship#a35398

3. I applied for her citizenship
My interpretation of their procedures (JPN), should apply for PR first NOT Citizenship. Did the JPN officer advised you to apply straight away for citizenship?

6. My second child BC color is green, my 1st child is pink. 
Note: She is non citizen. Have to apply.

7. My second child Mykid color is pink 
Note: He has citizenship status. Has he applied for passport yet?
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answered on Feb 3, 2017 at 04:33
by   aluap30
edited Feb 13, 2017 at 04:54
 
@Jeff

Thanks for your good answers.

But, what I am curious about and been thinking for the past years is why I haven't receive anything about her citizenship even we already applied for that right after I got married to her father here in Malaysia. Its written in her BC that His father is citizen here, and I gave birth to her here and he has a brother who is also a citizen here. Almost 5yrs have passed. Does it mean she was rejected? Is there no chance for my child to get her citizenship? But why? 2 years we went to Jabatan Pendaftaran Negara (JPN) and they told us to wait, there's a letter that will be send from them then only we will know. I'm loosing hope I want her to get passport so that I can bring her along with family vacation.

In my passport visa sticker on top written is multiple entry visa, on bottom part its also written spouse of Malaysian citizen....  On tight side (IMM 13)

Thanks for every words you shared.

Sorry for asking too much... Just take your time. You can answer me anytime.

My second child birth certificate written in status of citizenship is warga negara so he is a citizen here if I'm not mistaken. Because its the same with their cousins who haven't reach 12 years old. Green birth certificate and Pink MyKid.

And just wanna know also if having a long term social visit pass for 5 years or more and married to a Malaysian for 5 years, only then can apply for permanent resident?

Thanks a lot and have a good day.
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answered on Feb 3, 2017 at 21:48
by   nalina
edited Feb 13, 2017 at 04:56
 
@Jeff

May I know from you if I can travel even my passport will be expiring in 4 months? I heard somewhere that before 6 months must renew passport in my embassy before can travel. I'm a Filipino workers here in Malaysia.
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answered on Feb 4, 2017 at 02:54
by   jeff005
edited Feb 13, 2017 at 04:57
 
@nalina

Your question is quite vague and not clear.
Travel to where? From where to where?

I'm a Filipino workers here in Malaysia.
If you are a legal worker here, your passport should be still active and employment pass valid. 

During renewal of annual employment pass, all the above would have been "covered".
You would have to leave at least 14 days before expiry of employment pass at the discretion of the IO = Immigration Officer. AND  only back to country of origin.

This is for Malaysian "rules and regulations". Does not apply to Thailand and Singapore.
1. Visa - Free Visa or paying visa
This is the permit to VISIT  Malaysia

2. Social Visit Pass - Free 30 days Visit pass or paying visit pass for longer stay (known as LTSVP) = Long Term Social Visit PASS.
This is the permit to ENTER  and travel within Malaysia.

You can be issued a Visa to Visit  but the Immigration at the check points can refuse ENTRY  or limited period of visit. This is evident now in the USA where even valid VISA holders are denied ENTRY.

To get a VISA to visit a country, most of those countries will imposed a 6 months remaining validity period of your passport.

For your case, it is assumed that you are travelling back to THE PHILIPPINES.
So long as your passport is valid, you can go back "Home", as your employment pass have been covered by those dates during application in Malaysia. 

Best you call your Embassy for confirmation. Hope you can understand what I wrote above (unless you are illegal worker).
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answered on Feb 4, 2017 at 03:26
by   jeff005
edited Feb 13, 2017 at 05:00
 
@ aluap30

even we already applied for that right after I got married to her father here in Malaysia.
At point of birth if there is no marriage certificate, revert to basic rule, child follow citizenship of mother.

My personal view is that there has been an invalid application (will explain later)

Its written in her BC that His father is citizen here, and I gave birth to her here and he has a brother who is also a citizen here
There is no proof that the man will marry this woman later at time of birth.
The brother has proof of marriage of parents and accountable responsibility legally.

Does it mean she was rejected?
Not rejected but sit on the file as both Jabatan Pendaftaran Negara (JPN) and Jabatan Imigresen Malaysia (JIM) are waiting for each other to do "donkey" paperwork.

Is there no chance for my child to get her citizenship?
Not true, can get but a lot of work. Some operational procedures in JPN and JIM can contradict each other, so the officers themselves are not sure how to direct you. Me too... hahaha.. sorry..!!
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answered on Feb 4, 2017 at 03:49
by   jeff005
edited Feb 13, 2017 at 05:04
 
@ aluap30

In my passport visa sticker on top written is multiple entry visa, on bottom part it's also written spouse of Malaysian citizen....
Yours is new format and a 5 year one.
Please can you email me a clear copy (PDF or jpeg). You can "cover" your name. I need it so that I can advise others on the same issue with Long-Term Social Visit Pass (LTSVP). I have old ones which belongs to Indonesian "spouse visa" which is only valid for 1 year only.

I need the new formatted ones. My email address is on my profile. Thanks in advance (Note.. there is no obligation on your side)

The condition for approval of this LTSVP is that (Spouse of Malaysian Citizen). There are no other legal implications whatsoever or privileges. The Indonesian ones I have read... " Cannot work in Malaysia". If yours do not have this clause, you can work dear...
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answered on Feb 4, 2017 at 03:50
by   kahesh
edited Feb 13, 2017 at 06:21
 
@Jeff, I'm back.

As what I have mentioned before regarding the overstaying and amnesty. I went to my embassy and they gave me a travel document form after I fill up the form I went for small interview and they ask me to come again in the embassy on February 28, in the morning. They will bring us in the immigration and they told us that we only need to pay is RM300 for overstaying and RM100 for special pass.

Now I have a question... In 4 months time my passport will expire. As what I've heard from one of the officer is that I need at least 6 months passport validity in order to travel and it is an international law.  I already told the officer who interview me regarding my passport expiration and he just say nothing. He told me that just come in the embassy and there's a group that will send in immigration for the request of special pass. They will provide us transport.

But when I check on the internet, there's no passport validity of 6 months is needed for a Filipino citizen who will enter the Philippines. And some made me curious that they will stop if the passport is valid less than 6 months.
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