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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  
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 Sep 5, 2018 at 08:05
by  
@Kinn

At the moment as long as u are illegal then you must face the result. I don’t think they ever going to listen to you if you go to the immigration and definitely it’s going to be from immigration to detention please don’t try it for now. Maybe things is going to change in days or weeks about anybody that want to surrender to go home and pay the fine. 

Do you mean your embassy don’t have any kind of  ETC I think Emergency Travelling Certificate or something. 

I repeat as long as u are illegal please for any reason don’t go to the immigration! Hopefully things is going to change in days/weeks

For more update Follow them on FB Jabatan Imigresen Malaysia
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answered on Sep 5, 2018 at 10:13
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@ Kinn

I have requested from you docs so that I can give you proper advise unless you did not come in on a valid Student Pass.
Send it to  < bladirunner@gmail.com  >

I have help so many students to go back the past 1 year (without jail and/or whipping), even 2 families who had overstayed more than 1 year.

My conditions is very simple, I want to view real person real docs.

For your case, I had made a promise to help.
Your case can be helped if follow the correct procedures. I can understand that you have not got any positive feedback even going to your country's Embassy? Can tell me which one? It is not that they do not know, it is that from 1st Sept, no one can help any  illegals . The  Rehiring, 3+1surrender have been ongoing for the last 2 1/2 years, not enough time? If go direct to any IMI centers, the existing standing orders for those who have not surrendered before 30/08/2018, is direct lockup, end of the day, direct to Detention Camps, settle your case there. No more talks, no more excuses. So do not engage with any IMI officers at this moment. Let the dust settled down first.

I will answer your Qs, one by one.. I am a keyboard warrior with diabetic eyesight and with 3 locked trigger fingers disease. So, do bear with me.

Emergency Travelling Certificate
Never, never use this travelling cert from any Embassy, it causes long term woes for further travels to other countries. What is the validity date of passport from your country? 10 yrs?
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answered on Sep 5, 2018 at 11:22
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edited Sep 5, 2018 at 11:35
by   jeff005
@ Kinn

I love to engage with you for the way you have expressed  yourself, an intellectual in time to come.

First I shall introduce myself.
I have started a topic in this forum months ago, known as  "Illegals".. but no one posted there as no locals is interested to discuss about illegals. Illegals are not interested at all becuz they refused to accepted that they are illegals. Right from the beginning of this year I have predicted all these bad happenings will manifest tremendous but now exacerbated by the change to New Government.

I have had discussions with several intellectuals (non-legal) from various countries, they came to visit me (my condition too) because of my postings over in other forums, websites and/or chat groups. My postings are sometimes nice, rude, crude sometimes biased (as @Keith have spoken) but my opinions do have Logic and 6sen worth. They couldn't understand me and thus seek me out for fruitful further face to face dialogue, so as not just to engage online with a keyboard warrior.

Below is a pic of 2 de intellectuals who has engaged me. It was taken with our PM, this pic is banned from public media and cannot be reproduced, by the PMO office, why is that I have it? I have always asked for proof of identity before engaging in political discussion (if any). Other foreigners showed me their Passports (real one, not copies). We met and had hours of fruitful discussions (at a ordinary mamak stall), they now know what I think, why I write, based on my personal opinions, my standings, what I can write in Public, what I cannot write, should not write, esp in this legal website. My problem is that I have used my real profile in all my engagements and thus I have to be very very careful. The Cyber Police is onto all forums and chat sites which talks about politics and  illegals.. If i write something wrong, I can be in the same jail as those illegals. As well as putting this Website into disrepute.



I am not showing off, I am just proving my point that I am not engaging with discussions with foreigners of ordinary status. My critics will say this is a fake pic, no issue with me, my friends and comrades-in-arms in this Forum knows otherwise, what this farmer can do (crazy things.. hahaha). I just practice the simple Philosophy of Life (like a Thai monk).
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answered on Sep 5, 2018 at 22:04
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edited Sep 5, 2018 at 22:23
by   jeff005
@ Kinn

Now to answer your Qs

I have friends that have overstayed for years, does the overstay period affect the case? 
Yes it does affect. 

100% understandable, what I mean to say is it feels a little harsh if you surrender to immigration, willingly going to them, trying to explain your situation and even though you willingly want to surrender and 100% willing to pay your fine no matter what it is, they still give you maximum punishment. 

The rehiring have been going on for the past 2 1/2 years, have been extended 2x, so has the Amnesty period. Nothing can change the stance of the IMI DG  now. All the threats made in Public Media by the DGI  are real and no jokes. But what will be really the "max" is up to the IMI Court Judge to decide based on current circumstances NOT  the DGI. The Laws states so, but the Judge can give "reduction" upon the illegals who pleads  "Guilty as charged" to save court's time. It is not my statement. Copy and paste from Public Announcements.

There is no use giving any reasons or excuses. IMI Laws have been broken. Directly broken. 

Do you think a person that does not have legal status (illegal) but not doing illegal work, that is willing to surrender directly to immigration, willing to admit their fault, 100% willing to pay their fine and all the fees, will be treated the same as someone that was caught working illegally in a immigration raid and receive severe punishment? 

These are two different senarios.
1.  Illegals who have just overstayed longer or shorter period of time. How do one prove that they are not working for their living expenses. They are those who have overstay over 1 year, some even over 3 years. It is up to them to justify how their living expenses can be taken care off (eg by legal remittances from parents aboard).

2.  Those who have been caught working will be charged with additional infringements.
a) Overstay on a social visit pass (SVC)
b) Abuse of the SVC by working
c) Working without paying direct or indirect taxes
d) There are court fines too
e) Not having a Valid Passport
f) Not having a Passport (lost??)
g) Came into Malaysia as a  Undocumented Immigrant (by boat or jungle).

The treatment for both senarios for the above will be different by the IMI Court. But the underlying IMI policies will be same. The Charge Sheet  presented to IMI Court will differ depending on the situation.
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answered on Sep 5, 2018 at 23:14
by  
edited Sep 5, 2018 at 23:26
by   jeff005
@ Kinn
So how can you ask illegals to go home if the punishment is the same whether you are caught working illegally or overstaying and trying to respect the law and to find a way to surrender?  

The punishments meted differ in magnitude. If it is the same, no one will surender. It is obvious. But it will be a bad time for those overstaying more than 3 months to go surrender now as the treatment will be the same. My guess is that IMI themselves do not know what to do next as there are still too many illegals who did not surrender. It is like challenging the Law of The Land  despite having been given a nice  Amnesty.  The focus now is probably on the Employers  who had employed those  illegals.  No more fake employers, lesser illegals. Simple logic and solution. Illegals cannot afford to pay fines, but the local employers can..!!  The latest news todate is that more than 1,000 employers will be charged in Court. Their passport will be blocked from going overseas and if the fines are too high, their personal assets can be seized and sold to pay those heavy fines (that's includes the cars they are driving now). The is called a WSS  in a Court of Law, and the IMI Court can issue such a Court Order "In Absentia"  if it is now those employers have gone into hiding like sewer rats.

@ Keith quoted
getting BANNED is better than being caught and going to 6 months JAIL. People dies in JAIL and in most cases it’s going to ruin your future Plans.
 
This posting is malicious in nature. Misleading and based on assumptions. With the huge numbers of illegals caught, from the time of being caught, held in Detention Camps, then Charged in IMI Courts and depending on the number of infringements charged, it can range from 6-10 months. People who died inside Jail or Detentions Camps could have diseases or severe health problems (that is why they cannot come in legally) not because of ill treatment by wardens. The Camps and Jails is monitored by international human rights NGOs. All the detainees are given the same food, same healthcare. How do we know what actually happened inside, drugs, fights for territory.. etc etc.. do not expect a Hotel Class accommodation. In some areas of Laos and Cambodia, prisoners are held in Bamboo cages, exposed to the weather and ****, eat in the same confined spaces. The moral of the story, if do not want to be Jailed, do not break Laws.

For sure the future plans will be ruined. If caught working, the Jail term will be at least 6 months and in Detention Camps (only god knows). After serving the Jail term (for working) there will be a "RAI"   BAN stamp in the passport.  BAN forever from entering Malaysia again. This BAN will be International BAN in time to come when all the ASEANAPOL  members go fully online. Changing of passport will not erase the IMI Blacklisting. The biometric thumbprints is inside all IMI Systems. In Malaysia, Facial Recognition has been introduced. Thailand have started IRIS Retina Eye scan. 
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answered on Sep 8, 2018 at 08:29
by  
Please guys! Forget about human right when it comes to Malaysian prison. 

If you are illegal and your are caught by the IMMIGRATION then you going to jail for 6months or more. 

You or your family must buy your ticket to fly back home after serving 6months or more in JAIL.

Make sure to put this at the back of your mind before becoming illegal. Life is way too precious to waste months in Jail.
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answered on Sep 12, 2018 at 07:19
by  
@Everyone

I surrendered and got banned 5years and wondering if there’s a way to come back again and visa a student. Any suggestion?
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answered on Sep 13, 2018 at 22:21
by  
If you are illegal and your are caught by the IMMIGRATION then you going to jail for 6months or more.  
No worries, after the Jail term, your Embassy will have to undertake all the expenses to  Repatriate  the defaulter. This is one of the reasons why Embassy refuses to help those illegals during the current  OPS MEGA 3.0  
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answered on Sep 13, 2018 at 22:28
by  
@ Skibby

I surrendered and got banned 5years and wondering if there’s a way to come back again and visa a student. Any suggestion?

Suggestion
Come back as a Tourist after 5 years.
Any BAN from Malaysia before (as illegals), No further work permit nor student pass will be approved. This is current IMI Policies. Hope it may change in years to come.

WARNING :

DO NOT BE CHEATED BY AGENTS WHO SAY IT IS POSSIBLE..
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answered on Sep 14, 2018 at 23:11
by  
@Jeff

Thanks! Definitely going to try and see if IMI can reduce the 5years ban to 2years or 1. Or better still just focus on processing Australia Visa. Thanks and God Bless.
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