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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 Jan 9, 2018 at 12:59
by   Catharina
Do take note that she is neither Malaysian nor Indonesian with the lack of legal documents regarding her identity. Her old passport could be obtained by dubious means unless she can show you that she has further other docs.
Although she has to legal ID now, with all the documentary evidence collected her status as Indonesian citizen is recognised by the Indonesian Consulate beyond doubt. She also has a full sister (same mother and father) with valid Indonesian ID + visa in Sabah who has given a written testimony to that effect. With all these docs her Indonesian citizenship status is beyond doubt, she just has no passport yet :-)

If she manages to go back to Indonesia, get a new passport there and then apply with the new employer through the Hire Maid Online thing, she still has the chance that Immigration rejects her because her old/incorrect identity and status as 'runaway'; it's just that when that happens she would still be safely in Indonesia. Is my understanding correct?
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answered on Jan 9, 2018 at 13:01
by   jeff005
@ Catharina 

She has only done the right hand thumb fingerprint in the Immigration office
If done inside IMI office, the work permit is real but is null and void due to false age declared.

Do read again my above postings again, i have made slight adjustments.

Just out of curiosity, when a child is born of parents who legally reside in Malaysia (which her parents did in 2009), that child is also legal at first I presume, but at what age does the child need to have his own docs/visa?
Her Citizenship follows her mother citizenship by International Laws regardless of where she is born. Her parents have to apply for her legal status (as a Indon) and the right to remain in Malaysia following her mother status. If the mother is an illegal, she is then an illegal. Her parents can apply for her legal docs the day she is born.

Would the forced creation of a partially incorrect passport/work visa for a minor be held against her?
Yes.. Deportation is the current mode. No jail term unless she is caught in shady workplace.

Forget that work permit. It may bring her more woes.

Personal opinions to your above.
a. She cannot get married. Her future children are illegals like her and her mother. Why not break this chain of misery?

b.  I have suggested that this will not work.

c.  The 3+1 is over, with rumours that it is still active via MyEG. There are still no official validations direct by IMI Hq even after so many days. She has to wait if she opts for this. Read my discussion with @ AaravBT above for last week.

If she chooses this option, she would be ban for 5 years. She is at her prime years now. Can she bear it? Her emotions has to be taken into account.

Let me ponder over the best options for her type of case and do inform me if there are any new leads. But i may have some/a good move (not without risks) to gain her legality in this world. Lunch Break.
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answered on Jan 9, 2018 at 14:13
by   jeff005
edited Jan 9, 2018 at 14:24
by   jeff005
 @ Catharina

I realise it might be a solution but it hurts me a bit to see someone do things that are not allowed oficially. What indeed, what is the lesser of two evils?
The fact that she is an illegal here has started this mess.

With all these docs her Indonesian citizenship status is beyond doubt, she just has no passport yet :-) 
She needs a physical ID card to prove her citizenship status. Her passport is tainted. Under Malaysian Constitutional Laws, a child born of both Malaysian Parents are Auto Citizens. The Procedures  (aka bylaws) for those born outside the country requires the birth to be registered with the Malaysia Embassy within 6 months (or revised now) and the parents must be legally residing at that country. At age 12, this child have to be physically here in Malaysia to apply for the National Identity Card which is known as the BLUE  MyKad.  At age 18, have to changed to an updated MyKad. This blue ID is with the citizenship incorporated inside. A child with a foreign parent have to apply for citizenship and their MyKad is red in colour (so is their Birth Certs). It is not  AUTO.  Current standings is that a child born from one foreign parent can have Dual Citizenship, by which at age 21, can have only one, by Malaysian Laws.

I do not know of the Laws of Indonesia. It has tints (not tainting) of Islamic Laws. Btw, your friend (give a name) should be a Indonesian Muslim unless stated otherwise in her BC. Her siblings have Indonesian citizenship, but does not mean that she has it, even though there are evidences. These bylaws has put a stoppage on child trafficking. Otherwise those born in UK or the US.. will claim citizenship with "birthright".
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answered on Jan 9, 2018 at 14:59
by   jeff005
edited Jan 9, 2018 at 15:20
by   jeff005
Is my understanding correct?
Yes
And there is another immigration ruling that if she is a runaway, no further work permit will be issued again.
But for her case there are many uncertainties that may work to her advantage.

1.  She has only done the right hand thumb fingerprint in the Immigration office.
Can she confirm the word "Imegresen" at the door? ( she was just 16 then?).
This is just "a" single thumbprint as practised in the past for other documentation (passport must have both left and right thumbs). Not  10 fingers biometrics. Biometrics for foreigners only started in June 2012. So I believe that any of her thumbprint exist in Sabah IMI is purely academic and not at National Level.

2.  All new passports nowadays are with 10 fingers printed Biometrics (Malaysia is coming up this year which added facial recognition).. So, if she can get back into Indon and get her IDs', make a Passport.!! Do not state that she have had a passport before. The passport would have her biometrics and her National ID stated there.  She would be able to come into Malaysia on a 30 days social visit pass to do the Maid Hiring process. She should have no problem passing the Immigration counter. But to be on the safe side, do a short trip to Spore to "activate" this new passport. IMI everywhere nowadays are very vigilant on  NEW  PASSPORTS  with no travels. Once past Spore, one can go anywhere without further hindrance.

3.  The issue in hand is how to get her back to her parents' place (any parent), the best is her mother as her BC has her mother's name there. Never infringe any immigration laws in Malaysia. Her biometrics will be taken, and a National Ban on records. That is why i suggest not to pass any Malaysian immigration (Indonesia  CAN). There are risks involved. But Sabahans are very very streetwise in these matters. There are Filipinas, Indons and even PNG illegals to deal with..!!

Please take note that the above are just discussions only and it may not work at all. There could be other individual circumstances which may affect the success ratio.
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answered on Jan 9, 2018 at 15:11
by   jeff005
edited Jan 9, 2018 at 15:42
by   jeff005
Wow, wow wow

We are teaching so many people..

@ Catharina... how much should "we" charged them?

Key Points 
Names can be the same. 
Biometrics can not be easily faked and there is no biometrics done on her in Malaysia. 
There is a different age. 
Face is different since 2009 
There should be no National ID  stated on the old passport 
She is just a different person (to me) 
Do not use the  Past  It will just dig up a can of worms.
Work on this angle.

We had a good Q & A here..!!

And, and, for her case there can be a change to Indonesian name (just juggle with the spelling). Check with the laws there.
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answered on Jan 9, 2018 at 21:09
by   Catharina
@jeff005

Thanks a lot, that certainly clarifies much.

@1 - indeed she was at an immigration office - 16 yrs old at the time. So no full biometrics taken, but still risky to take the chance to apply for work visa while in Sabah; the risk of detection of a link with the old incorrect passport/work visa is too big.

The old incorrect passport indeed has no National ID on it, just a passport nr and registration nr.

Summarizing your comments I conclude that for this girl the only reasonably safe option is to try to 'hitchhike' back to Ind. without ID, get a new proper passport in Indonesia, and then try to travel back to Sabah on a social pass and try to start the Maid hiring process, or alternatively have the new employer start the maid hiring process using the new online system while she is still in Indonesia.

Apparently it is too risky to stay in Sabah, get a new passport from the Ind. Consulate here and apply for a work visa because of the detection risk given the runaway status.

Do you agree with these observations?

Indeed that is all shipload of info - hopefully useful for others in need as well!!

By the way - her Birth Certificate from Sabah lists info for both mother and father and their origin (Sulawesi) and she has a copy of an old Ind. passport from her mother as well, and copy of a valid Ind. passport of her full sister.

Again your input and assessment is greatly valued. Thanks so much.
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answered on Jan 9, 2018 at 21:56
by   jeff005
edited Jan 9, 2018 at 22:16
by   jeff005
@ Catharina

Do you agree with these observations? 
We are at the same frequency now.. fully concur..

copy of a valid Ind. passport of her full sister. 
Siblings do not count. Can even be half sister via second marriages. Even if same father and mother, registration at birth is only taken into account with the citizenship following the mother by International Law which cannot be challenged in a Court Of Law.

Apparently it is too risky to stay in Sabah
Remaining in Sabah, she is a perpetual position as a "stateless"  person. She can be exploited by anybody, including future husband, employer etc etc..  She has no legal status no legal rights. Even if her spouse dies suddenly, she gets nothing from any insurances, inheritances by Syariah laws or civil laws. If she dies suddenly, her next place of abode is just in a ravine, with her ashes scattered around.

her Birth Certificate from Sabah lists info for both mother and father and their origin (Sulawesi) 
That piece of paper is just temporary document for foreigners. It has no legal connotations within Malaysia after she have reached her  Age of Consent  by her country's laws. It merely states that she was born in Malaysia. It has to be used to apply for legal identifications within specific period. After that it is just a pc of personal momento.
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answered on Jan 10, 2018 at 01:20
by   SAEID
HI
I CAME HERE WITH INVITATION VISA FOR 2 MOTHS 
WHEN I WENT TO IMMIGRATION OF MONTKIARA ,JALAN DUMATAS FOR EXTEND MORE 2 MOTHS WITH COMPLETE DOCUMENTS (TICKET FOR 2 MANTHS,VOUCHER OF HOTEL , COPY OF PASS )  THEY SAID  ME, U ARE OVER STAY FOR 1 DAYS AND WE CAN NOT GIVE U ANY MORE VISA FOR EXTEND JUST THEY CAN GIVE ME 2 WEEK VISA AND I HAVE TO CANCEL MY TICKET ,U KNOW WHY I HAVE THIS PROBLEM ? BC I HAD WRONG MONTHS CALCULATE SEE NOV IS 30 DAYS BUT DEC IS 31 DAYS 
THEY SAID ITS BETRE GO TO PUTRA JAYA AND TELL THEM 
WHAT SHOULD I DO?
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answered on Jan 10, 2018 at 09:17
by   jeff005
edited Jan 10, 2018 at 09:44
by   jeff005
@ SAEID

Foremost, please do not post your Query all in Capital Letters. Too glaring for old folks like me to read and to understand.

THEY SAID ITS BETRE GO TO PUTRA JAYA AND TELL THEM 
The place you went is the Kuala Lumpur IMI HQ, why need to go Putrajaya?

WHAT SHOULD I DO?
Post clear pics from your passport pages of the following here for better understanding.

1.  The Invitation Visa
2.  Immigration Entry Stamp in your passport (with date of entry)
3.  The 2 week Visa stamp (it should be a  Special  Pass  stamp)

Which organisation or entity invited you to come?
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answered on Jan 15, 2018 at 08:35
by   Afreen Sultana
I had special pass and it expired back in July 2017. I want to go back home now. What's the procedure for me.

Country - Bangladesh
Date of Entry - 28 Apr 2016 (Student Visa)
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