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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 4, 2017 at 03:56
by   jeff005
@ aluap30

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? 
Yes.. you must be residing in Malaysia for at least 5 years before applying for PR.
And 10 years for Citizenship.
You can get this info at the JPN website.
My interpretation is 5 + 5 years complete stay before citizenship application (I can be wrong).
Now you can understand your daughter's dilemma?
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answered on Feb 4, 2017 at 04:10
by   aluap30
edited Feb 13, 2017 at 06:25
 
@Jeff

No any work is permitted. They also put that in my visa sticker. You mean to say, I must stay here for 5 years without traveling? In order for me to get a permanent resident (PR)? I just went for 4 months vacation last year. I already stayed for  4 years here in Malaysia. Does it mean it is not counted? I need to stay again for 5 years then only can apply for my PR?

For my daughter, once I get my PR then only will follow my daughter? Or I can applied for her at the same time??

As you stated, there was no marriage certificate. That time I gave birth to her, so she will follow my citizenship.

Thanks Jeff, I will send you later.
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answered on Feb 4, 2017 at 06:32
by   jeff005
edited Feb 13, 2017 at 06:28
 
@ aluap30

It is aggregate of 5 years if I am not mistaken.
So no worries.

Once I get my PR then only will follow my daughter? 
I shall put my suggestion after I have read backwards on a case of citizenship application. I do think I have have solution for her but with great inconveniences. Hakuna Matata.

Or I can applied for her at the same time??
Do you have docs to show that she is a citizen of The Philippines? (From your country authorities). If don't have, how to apply? You cannot rely on the birth certificate... just a certificate only..

Imagine this.. The MyKid is only valid in Malaysia ONLY. The Malaysian PASSPORT is valid in 179 countries (at this point of time - I think ). Which is more important, passport or MyKid? But to get the passport, you need to have the MyKid first.

You can work in Malaysia under the 5 years Long-term Social Visit Pass (LTSVP). You have to apply to immigration. That is the reason why I asked earlier if you have a "degree". Those who do not understand may feel that i am asking silly or stupid questions. Some do not even bother to reply. Now you can see you do have more options. The whole pic is not completed yet. 

Don't worry, your daughter will be in a good position to get her citizenship provided:
1.  All immigration and JPN procedures is followed correctly.
2. The two departments do not change their policies drastically in the coming 2 years. For sure in the next two years, there will be more changes as to accommodate the influx of immigrants from the 7 countries barred from entering the USA now. In fact many have already entered Malaysia for the past 2 years since the Syrian conflict.
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answered on Feb 4, 2017 at 06:47
by   jeff005
edited Feb 14, 2017 at 04:12
 
@kahesh

Welcome back, no need to use "nalina"

Just follow what your Embassy officers have told you. So long as when you exit from Malaysia with a valid passport, there should be no issue. The officer who talk to you has got bad mood that day and do not want to answer you for, maybe, some other reasons.

@kahesh, @alaup30

Why don't the both of you go to help your countryman "grayzgarden".  Read:
https://www.lawyerment.com/answers/questions/3521/overstayed-how-to-return-to-home-country-without-being-detained-or-rotan-caning?g=3#tab-top

His/her English is not so good. You can answer in Tagalog or likewise. 

Hint 1. All biometric finger printing is done at THE IMMIGRATION OFFICE in front of IO. Never done at agent's office.

Hint 2. When he first come into Malaysia, at the immigration, finger biometric have been done, why need to do it again? There are half truths declared by him.

Hint 3. Why is so in a hurry to go home. Committed some crimes? Got a Malaysian girl pregnant? Got into fights with own countrymen or locals here?

By helping others in immigration issues, both of you are learning more and more. In the future you will not get into immigration issues ever again. @alaup30, you may need this Amnesty to resolve your daughter case.

I shall correct any mistakes if needed.
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answered on Feb 4, 2017 at 14:05
by   kahesh
edited Feb 13, 2017 at 06:49
 
@Jeff

You are very intelligent. I salute you. You gave me all the answer I needed. You are very helpful not only to me but to everyone here. I hope you will continue to answer all the questions and doubts of everybody.

I'm so glad I found this forum. I will update you once I'm done in the Immigration.

And again, thank you very much.
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answered on Feb 4, 2017 at 18:49
by   jeff005
edited Feb 13, 2017 at 06:53
 
@aluap30

Your daughter issues... What I am going to write is pure personal views, non-legal plus not documented or tried out before in this forum. Even I cannot determine the chances of success as it also depends on the laws in your own country of origin.

Your Options
1. Wait for reply from Jabatan Pendaftaran Negara (JPN), there is also no guarantee that it will be approved.

2. Using this Amnesty, bring daughter back to Philippines and get proper legal identity for her.

My personal analysis:
3. She is neither citizen here or there. No legal status.
4. Use the Amnesty and bring her back to Philippines. Your Embassy will issue her a Temporary Passport and/or Travel document. Her citizenship follows you.
5. Back there, you get her citizenship, legal docs and Passport.
6. She is 5 years old now, not much time, she has to attend school soon. She may need MyKad for public school exams.
7. If you can stay 4 months there, you should have relatives to take care of her for a few months.
8. Once she gets her passport, apply to come to Malaysia under "Dependant visa/pass" sponsored by the father. It could be the same as your Long-term Social Visit Pass (LTSVP) of 5 years with multiple entries.
9. She then can enter into government school and continue her studies, meanwhile. waiting for the "citizenship" approval.
10. If not successful, then apply for PR first.
11. At least she would have legal status and a citizenship first and a passport to travel.
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answered on Feb 4, 2017 at 19:31
by   jeff005
edited Feb 13, 2017 at 06:56
 
@ kahesh

You are very intelligent
Not true. I am just a layman. The only difference is that I have a heart to help.

I hope u still continue to answer all the questions and doubts of everybody.
I will only answer to those who would reply and tell the truth, not half truths or just excuses.
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answered on Feb 4, 2017 at 23:04
by   aluap30
edited Feb 13, 2017 at 06:59
 
@ Jeff

I felt a sudden sadness and I wanted to cry when I was reading your advice. I'm very thankful that you gave me a clear solution for my dilemma.

I don't think that I need to wait for JPN. I was thinking to grab this opportunity to send her to my country.

But how I will bring her back here in Malaysia? As tourist? They will give only 1 month right? Then, once we arrive I must arrange everything to apply for her visa? What is defendant visa/pass? Where to apply that?
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answered on Feb 5, 2017 at 03:04
by   jeff005
edited Feb 13, 2017 at 07:28
 
@ aluap30

But how I will bring her back here in Malaysia ? 
After getting passport, go to Malaysian Embassy to apply for Long Term Social Visit Pass (LTSVP). Do take note that for any application of PR, there must have LTSVP on your passport and have been residing in Malaysia for more than 5 years to qualify just to make an application.

Normally for 1st time application, they would give 3 months social visit duration. When inside Malaysia, go to Immigration of extension of LTSVP. 2nd application 6 months, then 1 year, 3 years, 5 years. For children, I am not clear. You have to enquire properly. Then tell me to teach me and others on this forum.

Actually your daughter, as non citizen, should apply for MyPR card. Not MyKad or MyKid. That is the PR status at age 12. That is why hard to find answer, the JPN have group it under "lewat".

Ref: http://www.jpn.gov.my/en/kp/permohonan-daftar-lewat-kad-pengenalan-mykad-atau-mypr/#1458525105929-d5125196-347b

Reason For Application
Applicants aged 16 and above who have not been a bearer of the identity card and have resided in Malaysia throughout the period of time must apply for late registration of identity card.

Application Conditions
1. The applicant must be aged 16 and above.
2. The applicant must be accompanied by a sponsor, who is either the
2.1. Parent; or
2.2. Guardian (the guardian could be the grandfather, grandmother, aunt, uncle, elder sister or brother who is over 21).
3. The applicant has never applied for and has not been a bearer of the identity card and has resided in Malaysia from age 12 to 16.
4. The following forms (obtainable from the NRD counter) must be completed:
4.1. Application Form JPN.KP01;
4.2. Statutory declaration (Form JPN DL-1);
4.3. Explanatory form for late registration of identity card by the parent or guardian (Form JPN DL-2);
4.4. Extract of school register (Form JPN DL-3);
4.5. Statutory declaration for children who have never been schooled (Form JPN DL-4);
4.6. Family Information Form (BMK.81 & BMK.81A); and
4.7. Form RK-JPN-KP-PU-06-03 (for sponsors other than those allowed).

Application Procedure
The applicant and the sponsor are required to go to any NRD counter with the necessary documents.

Documents Required (Originals And Copies)
1. Applicant’s Documents (Originals And Copies)
1.1. Birth Certificate or Adoption Certificate or Citizenship Certificate or confirmation of citizenship status or Citizenship Form or entry permit
1.2. Postcard-sized full-length photograph;
1.3. Passport (compulsory for entry permit holders);
2. Sponsor’s Documents (Originals And Copies)
2.1. Identity card and Birth Certificate or entry permit or passport or Citizenship Certificate;
2.2. Parents’ Marriage or Divorce Certificate (for parents married on or after 1 March 1982 and for non-citizen mothers);
2.3. Statutory declaration (for guardians who are not related to the applicant, namely not the mother, father, grandfather, grandmother, aunt, uncle, elder sister or brother who are over 21).
3. Family Documents (Originals And Copies)
3.1. Identity cards and Birth Certificates or entry permits or passports of siblings (if applicable);
3.2. Identity cards and Birth Certificates or entry permits or passports of husband or wife and children (if applicable);
3.3. Applicant’s photograph with mother or father and siblings;
3.4. Death Certificate of mother or father or sibling or husband or wife (if applicable);
3.5. Passport-sized photographs of the applicant, mother or father and all siblings that are arranged and affixed to the list of photographs in form BMK-81A.

Payment/Fee
Payment Schedule 6A
Payment for Late Registration of Identity Card for Malaysian Citizens
(CITIZENS)
RM10.00

Payment Schedule 6B
Payment for Late Registration of Identity Card for Non-Citizens
(NON-CITIZENS)
RM40.00

Application Form Late Registration Of Identity Card (MyKad Or MyPR)
Note: The online forms are to be used as reference only. They may not be printed and used for transaction purposes. For transactions, please use the original forms.

Application Form JPN.KP01;
Statutory declaration (Form JPN DL-1);
Explanatory form for late registration of identity card by the parent or guardian (Form JPN DL-2);
Extract of school register (Form JPN DL-3);
Statutory declaration for children who have never been schooled (Form JPN DL-4);

Family Information:
Form BMK.81
Form BMK.81A); and
Form RK-JPN-KP-PU-06-03 (for sponsors other than those allowed).
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answered on Feb 5, 2017 at 03:31
by   aluap30
edited Feb 13, 2017 at 07:29
 
@jeff

Once I get passport to my daughter, I must bring her to Malaysian embassy in Philippines and apply her for LTSVP so she can travel back to Malaysia? And let's say they give 3 months social visit pass to stay in Malaysia then only we can go to immigration to apply for extension of LTSVP??? 

Many procedures but I'm hoping this is the best thing to do.😥
Thanks a lot. I appreciate everything u advice here on this forum.
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