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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 19, 2018 at 04:07
by   Dmytro
Hi Jeff, happy CNY, I hope you had a good one.
So we finally have confirmation that 3+1 is valid until June 30th. Finally. Thank you so much for finding and confirming that information. 

So now if I go to immigration and surrender there will be no jail term. Just pay the fine and get exit documents. Same program as before 31st December 2017, correct? 
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answered on Feb 19, 2018 at 04:12
by   Dmytro
There is another question I was wondering and I could not get any help even from my embassy. Maybe you can help Jeff, I would be very grateful. 

This program is called rehiring, which means if you are illegal here, your employer can use this rehiring program to change your status from illegal to legal. Unless I am misunderstanding this program. 

So what if you are illegal, you are working in Malaysia but no direct employer. Like my case, I do online consulting and my clients are all from overseas. Is there any steps I can take to change status from illegal to legal?... Any way I can avoid a possible ban? 

Thank you Mr Jeff.
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answered on Feb 19, 2018 at 04:15
by   Dmytro
I looked up the Feb 15th announcement and translated it. There is a lot of talk about E-Kad. Not very certain if it can work for me since I do not have a direct employer. 

The article says that the government hired third parties to handle the illegal immigrants. Does that mean I have to go through these third party programs or can I just go to the immigration in Putrajaya to pay the fine and get exit documents? 
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answered on Feb 19, 2018 at 10:15
by   jeff005
edited Feb 19, 2018 at 10:51
by   jeff005
@ Dmytro

Waah, ur suppose to one Q.. but u hv ask so many...!!

Your case
1.  Estonian
2.  Overstay 1 year
3.  Estonia a member EU

Same program as before 31st December 2017, correct? 
No, not the same, different criteria. The current repatriation is handled by  Appointed Agents  approved by their respective countries. Your country is not for legal or illegal immigrant workers for outsourcing.  Only countries approved for outsourcing of foreign workers is allowed for the application of E-Kad but the validity of this E-Kad have expired.

Manpower sourcing from EU should be under  "Expat" applications.

Malaysia Immigration should have several MOU's with different members of the EU. It is beyond my scope of knowledge with Europe.

Your best approach will be to go your Estonian Embassy or Consulate Services for help to return to your country. Personally (pls do not quote me) I do not think they will jail you. But fine you only plus a BAN.  Overstay for one year is not that bad for Europeans unless there are sudden changes in current immigration policies. Make sure there are no fakes "any permits"  stamped on your passport pages. It can be a  Fine  or jail in lieu of..........  so prepare some funds..!!
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answered on Feb 19, 2018 at 10:48
by   jeff005
@ Dymtro

You have misunderstood the above announcement by IMI.

It simply says
1. 30/06/2018  Processing of registered REHIRING applications ends.
2. 30/06/2018  "3+1 Voluntary Surrender" program ends.

FINISHED, NO MORE, OVER ...

3.  15/02/2018  E-KAD validity ENDED !!!
4.  31/12/2017  REHIRING program ENDED !!!
5.  30/06/2017  E-Kad program ENDED !!!

In short, this is a forced  Repatriation  without a  Jail  Term and it is for certain countries  ONLY.

Others illegal workers take serious note..!!
You can be arrested if you have not completed your various documentations to IMI. The  E-KAD  you are holding now is no longer valid  wef 15/2/2018. Do not be cheated by  Bogus Agents.
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answered on Feb 19, 2018 at 15:35
by   jeff005
This program is called rehiring, which means if you are illegal here, your employer can use this rehiring program to change your status from illegal to legal. Unless I am misunderstanding this program.  
So what if you are illegal, you are working in Malaysia but no direct employer. Like my case, I do online consulting and my clients are all from overseas. Is there any steps I can take to change status from illegal to legal?... Any way I can avoid a possible ban?  


You may have missed out my postings on the  REHIRING  Program. Rehire means one has to be legally  Hired  before, means have a  Valid Work Permit. For reasons best known to themselves, these people did not renew upon expiry. Since these people have worked years here before and have adapted to the Malaysian Culture (some have screwed and have children here too), it would be a waste to deport them, hence gave them a chance to be legally hired again. Upon completion of the currently work contract, they go home and can come back after 6 months to visit their children. I do not have confirmation, but for certain countries can renew up to 10 years.

Yours is not in our list of approved outsourcing manpower countries. Hence you will just be treated as an over stayer. I do not think you can escape a BAN. The airport entry card still with you?
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answered on Feb 19, 2018 at 23:31
by   princeforlan
edited Mar 12, 2018 at 02:24
 
@Jeff. Am so sorry to jump in your conversation but am desperate and in tears as I keep getting calls from my abusive husband that I will be arrested soon due to overstaying dependent pass.

He has been beating me and my 5-year-old son for so many years and only now we got the courage to go to police and he immediately got arrested for domestic violence. After court appearance his lawyer got him out on bail. I have a protection order but, I have to report to police station after few days for investigation.

My husband kept and never gave my passport and only after he was arrested, he passed to me and I found out he never renewed our dependent pass. Will I be arrested for overstaying? What are my options?
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answered on Feb 20, 2018 at 02:00
by   jeff005
edited Feb 20, 2018 at 02:18
by   jeff005
@princeforlan

Yes.. you can be arrested for overstaying if he reports you to Immigration.
No.. he will not do it because he will be arrested too for harboring an illegal immigrant.

You cannot be deported immediately as you have a child here and is under DVA investigations.

Give more info as your case is complicated and you may need help from different NGOs'.
1.  Your age, his age, age of child.
2.  Your nationality, religion, his religion and his race.
3.  What is the type of IPO given to you? Is he still living in the same house with you now? 
4.  Where is the child now? Is the child schooling now (pre-schooling)? Who is looking after the child now?
5.  Are you working now and what is your educational level?
6.  Does the IPO covers your child too? Was there a child abuse report too?
7.  Why is he being abusive towards you? You have not been giving him enough sex or without sex?
8.  Give yourself a name.. and what is his occupation?

To save yourself, you have to tell the truth. It is up to you to decide if you can save this marriage. If he is really abusive or really hit you badly and have hurt you, say it. But please do not create stories.  If you have done no wrong, you can still remain in this country even after divorce, under your son's Nationality and the Right of Abode. However it is up to the High Court Divorce Judge depending on circumstances.

If he tells you again that you will be deported soon...
Reply him as..

" Go ahead and report me to Immigration, you will go to jail too. Once you go to Jail, you will lose any Custody of the son, the son will follow me back to my country. This law is under Child Custody Laws" And any child below 7 years old will follow the mother (another law).

It is best for both of you to reconcile for / in  the best interests of the child.

What happened to sparks that lead to the marriage?
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answered on Feb 21, 2018 at 20:45
by   jeff005
edited Mar 26, 2018 at 17:59
 
Info News

New immigration rule for Malaysians travelling to EU countries

By Seri Nor Nadiah Koris - February 19, 2018 @ 8:58pm

KUALA LUMPUR: From year 2020, Malaysians who wish to travel to European Union countries may be required to undergo a new immigration process.

This new immigration process called the European Travel Information and Authorisation System (ETIAS) may become a mandatory requirement for citizens from visa-free countries.

According to etiaseurope.eu website, citizens from visa-free countries can stay in the Schengen Area (all EU states except Bulgaria, Croatia, Cyprus, Ireland, Romania and The United Kingdom) for a period up to 90 days.

“It is an immigration process used to address the potential threats of ineligible individuals before they can cross the borders of the EU states.

“ETIAS with the Entry–Exit System (EES) will speed up, facilitate, reinforce and modernise the border control procedures by offering better protection against document and identity fraud,” said the website.

Each citizen from the visa-free countries need to hold a valid ETIAS prior to boarding.

“Once issued, a valid authorisation will allow its holder to stay in the Schengen Area for a period of up to 90 days in any 180-day period and it is valid for 3 years from the date of issuance or until the expiry date of the passport, whichever comes first,” it said.

The application process is simple as it can be done online and it was recommended that applicants apply for an ETIAS at least 72 hours prior to departure.

“It only takes up to 10 minutes and only costs RM48.30 (10 Euros). Each individual travelling in a group needs to be authorised.

“However, applicants under the age of 18 do not have to pay the processing fee,” it said.

Among the documentation requirements for this process includes a valid passport issued by a visa-exempt country, a valid credit card to pay the application fee, applicants contact information including the address of permanent residence, phone number and email address.

It also stated that once the application has been submitted online, it would be screened across various systems to determine whether an authorisation could be granted or not.

“If your application is approved, you will receive an authorisation directly by email and in case of denial, you will receive an email explaining the reason for refusal.”

Among the countries which requires ETIAS online authorisation include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and Vatican City State.

https://www.nst.com.my/news/nation/2018/02/337016/new-immigration-rule-malaysians-travelling-eu-countries
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answered on Feb 22, 2018 at 13:56
by   Meeisha
edited Feb 22, 2018 at 15:45
by   Meeisha
Hello Mr. Jeff! 
Thanks for the advices and information you are giving out to people. I truly appreciate the good work you are doing for those of us in need of proper information. I am feeling lucky to have come across this website and your answers.

I came to Malaysia as a student  from Bangladesh. Due to my personal issues I wasn't being able to attend class regularly and as a result had to withdraw from the program. In order to continue staying here I applied to another university, in short, later I did not get another student pass. I received 3 sps and now overstaying for around 8 months. 

I am aware of the penalties and punishment. Is there any alternative for me to get legalized? And what is the 3+1 system? Is there any way to know for sure that they won't ban me after I surrender?
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