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What to do if you overstayed in Malaysia

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asked on Jan 3, 2017 at 14:45
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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 Oct 5, 2018 at 22:02
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@ Irene

I have transferred yr Query to this new thread.

https://www.lawyerment.com/answers/questions/12943/maid-online-applications-how-to-apply
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answered on Oct 6, 2018 at 17:57
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edited Oct 6, 2018 at 20:31
by   jeff005
Someone try to post it on this forum but have issues posting. It was send to my mailbox. I shall reproduce here for the benefit of all. I shall break it into 2/3/4 parts for better understanding for ALL.

(Part A)

TITLE :-  Lost and Found Passport

Hi Jeff :

I should find your topic earlier " What to do if you overstayed in Malaysia"
 
Reading your topics ease my anxiety as there some others more serious problem

I hope you have time to read my long story

8/20/2018 I arrived here in Malaysia for final interview and to get all the document needed for my employment, bring back to Philippine to settle all the working visa and permits within the week
This start all my problem :
There is a Filipino  friend who work with the company who will hire me that he knows an agent  who can do the permitting easy since I have all the documents needed. We arrange a meeting and I was delighted that he can do it before my tourist visa expired
It was a perfect plan also as we have a planned tour trip with my family on the upcoming Month of Sept here in KL and Singapore. Once my working visa release, I will surprise my family
I informed my future company with my plan and they advise me a lot of uncertainty. I advise them I should try and once the my permit was not release I will go to Singapore or go back to Philippines instead

8/29/2018 I submit my documents with the agent :
1. Original Passport
2. ESD approval Letter
3. ESD Receipt
4.Original DP 11
5. Employment Contract
6. Certificates
7. Resume
8. Others
The payment is 4 time less compare if to arrange in the Philippines, I am elated as I can have a few savings
 
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answered on Oct 6, 2018 at 18:07
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(Part B)

We follow each progress weekly to the agent and the feed back in process and shall be ready before my visa expired and even advise me even my visa expire  if my permit releases it should be no problem, this advise clear my head of worry-ness. I am confident I will have my permit
A week before my visa expire my future company advise me to go back to the Philippines as these may complicate things with Malaysian Immigration
I tried to communicate with the agent, I found at that she was in the Philippines and find difficult time to communicate with me due to bad weathers at Philippines, again the agent assure me that there will no problem, even my visa expire once my permit releases
 
9/17/2018, My visa expire, my friends advise me to report to the Philippine Embassy
Now I am in trouble big time, the worse I cannot even go and tour in KL and SG with my family
I cannot even contact the agent as super thypoon hit Philippines that time
I do not know what to do, my resources is gettting short
I told my family about my situation, they are upset after they found I did not hold my passport with me
Few days later, I have an update from my agentat Philippines told me  that my passport was loss by Poss Laju
Now, I found out the agent at JB  sent my passport and documents to KL agency who will process my permit
Jeff, there are sayings when it rains it pours.
That time I proved  my decisions is bad.
And No one to correct but myself, I check internet forum re lost passport and overstay.
9/26/2018, I report to the police re my lost passport, in my head I need to get a police report so I can go out and  set a place an where I met my family as I need money. I told to the police that I consider my passport loss at EON mall and until the last day of my Visa I declare same date of loss Sept 17, since I cannot find any more
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answered on Oct 6, 2018 at 18:09
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(Part C)

9/27/2018, I met my family I told them I have a bad decision and they comfort me and help me what to do. They stay 1 night in my place to set plan and the next day they leave for SG, Jeff by the way my daughter is also an OFW work in Qatar, having a vacation, she explain to me whats and ifs being OFW ie dealing with agent.

Our family Plan and consideration:
1. My daughter told me, police report do not guarantee I am safe.
2. Need to call Philippine Embassy for advise re loss passport and expire visa
3. Report to the Malaysian Immigration
4. Stay at KL so anything goes wrong, the embassy is near to refer
5. Get the waybill Infomation and Visit pos laju
6. E mail Pos laju Main Office
I consider item 2, 4 and 6, as need to all the information I need prior to report to Immigration
I send e mails to Pos Laju Main Offcie Customer Care, not twice 10times, I visit Pos laju social media too
I check the way bill movement as follows
8/30/2018 Agent documents sent at Pos Laju, Kota Tinggi, I assumed agent used  Bandar Dato On Pos Laju at EON Mall where I handed my document.

9/6/2018, KL agency received my documents. 

I get the contact numbers of  the agency at KL to get advise, they explain they receive the package but no passport inside besides the package is wet and the  document was slightly damage, I checked with them if they file a claim to Pos Laju
According to KL Agency , the receiver cannot since the sender is the one who must do, but the agent is in Manila, No it is a Ping Pong Ball attitude No One Care

9/28/2018 I called Philippine Embassy, advise me to prepare all the certified document for the new passport and it will take a months, so I advise my family to get and send this document and it takes few days
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answered on Oct 6, 2018 at 18:11
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(Part D) 

Week end, I found Lawyerment, reading your topics give me guidelines and what to do but more important it  ease my anxiety as there some others more serious problem, I pray hard for myself but now I pray for their flight. I read the importance of reporting to Immigration with or without passport but overstay

10/1/2018, I travel to KL from JB , I checked my Location at BTS, distance of Pos Laju Brickland  and distance of Philippine embassy, I choose Pos Laju Brickland, I presented the Way Bill, I am not a sender and receiver they almost not entertain me.
I presented a letter including a picture of the package condition.
The Pos Laju officer told me to wait and after a few minutes, they handed me my passport
My passport was just wrapped with plastic with jut my name written on it

Yes I found my passport, signed log book and get out. Problem re new passport solved

I realized I am over excited, I go back to Pos Laju I asked incident report, the report in Malay
I drop by at the office of the agency at KL informing them that I found my passport since they are the receiver.

10/2/2018, Go back to JB, to check plan  what to do next
I advise the company who will hire me that I found my passport they are elated, but still they want me to report to JB Immigration due to overstay
I also advise the agent in Manila while the agency at KL want me to help and continue the process of permitting
Go back and  read all the Lawyerment QA now at page 68 or more.

10/3/2018, after evaluating all the scenario at your Lawyerment  I made my decision I will report to to Malaysian Immigration at Putrajaya instead at JB but need to report Philippine embassy first get their advise.
I made my decision I need to go home to clear my mind no matter what is the result
I discussed with my friends, they assume me at I will be hold at Immigration and deported, they gave me few hundreds of ringgit

10/4/2018, I packed my things and travel to KL, I report my case to Philippine Embassy for the first time I set my foot on the comfort zone. Philippine embassy checked my situation – Passport Lost and Found but Overstay:
Philippine Embassy Officer Advise:
1.       Present my case to Malaysian immigration
2.       Fill up Malaysian Immigration Statement Form
3.       Give me a form guidelines re exit pass
4.       Get a ticket, protective booking at the 2nd floor before going to 4rth floor
5.       Told me answer what only asked by immigration officer

10/4/2018 Travel to Putrajaya Immigration and arrived around 10AM
1.       First I looked for the ticket but cannot found until breaktime
2.       I tried to look for approachable officer that I can refer with
3.       I asked the officer where can I buy ticket, he was shocked asked what the need to have a ticket as the immigration still asses my documents, what important is the explanation letter and zerox of passport
4.       So I go and get my quee numbers
5.       At the immigration interview, they do not know what I am what to trying to accomplish because I have a police report but I have my passport as indicated to my explanation
6.       The officer want to go to Police Station get a report of Found and get back to Immigration
7.       I asked them the risk of apprehension as I now exposed that I am overstay
8.       The officer says, they have recorded so no worries
9.       Travel Back to JB

10 /5/2018 Report to police and get the Found Report and then travel again to Putrajaya Direct
Travelling to Putrajaya is 5 hour compare to KL BTS at 4 hour.

Arrived at Imigration, for 30minutes done
1.       I presented 2 report of police Lost and Found
2.       The officer told me for the 17days overstay I shall be penalised 30MR per day plus 100MR for the Special Pass
3.       Wait for few minutes for them 2 review  the report
4.       Officer issued a statement form
5.       Filled up Statement Form
6.       Submit and Done
7.       But before finishing my transaction I asked the officer what shall be the worse penalty of my case beside of paying MR as indicated above like Banned for life
8.       The officer told me the office only asses the papers I Submitted and need 14days to review and release the ePass and pay the penalty at Putrajaya
9.       So the decision shall be on the  exit immigration officer at the airport
10.   But He told me I can prepare a compassion short letter to be handed to the officer before they chopped  my passport, but it does not guarantee
11.   I asked the officer that if I am apprehend by the law within that 14 days, he told me no worry just show the papers attached to my passport

For the 2 days transaction at Putrajaya Immigration, I seen a lot of people, Family, group of Filipina maid, worker in bed wheel chair. I just closed my eyes and pray for them and thank full to God for the Mercy

Jeff, that is my story and  I will update you later.

Please Keep Guiding the people who in need advises re overstay, Do not  mind the detractor, they are like sheep but actually looking for a prey
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answered on Oct 6, 2018 at 18:25
by  
@ Romeo

There are too many mistakes made by yourself that it may take me hours to reply one by one. I may have to charge you at discounted rates as this is shared for the benefit of All other Readers.

First and foremost, I shall ease your anxiety  first as that your case can be saved amidst having more travelling issues (Personal Opinions).

I shall explain your mistakes and highlight one by one so that others may not make the same mistakes that can cause their ESD application to Fail. No worries, your case can be resolved.

Ref :-  https://esd.imi.gov.my/portal/
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answered on Oct 6, 2018 at 18:32
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edited Oct 6, 2018 at 18:35
by   jeff005
To ALL affected & Future Readers

For this above case of  ESD  application, my comments is personal opinions, non-legal and may not be 100% accurate as IMI policies are changing by the week with the obnoxious interference of the MOHR  trying to bend the very Basic IMI Laws & Travel. (personal opinion again, so dun sue me for any mistakes)

My reply is for the above  @Romeo only.  Case to case basis.
So, please try not to butt in first till i finish (in 6 hours time.. hahaha)

Many thks

Juliet  Malaisia
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answered on Oct 6, 2018 at 20:34
by  
@ Aghata

I have just received and have made a successful reload on the pin number you have send me.
.

Many thks

Rdgs
Jeff Lee
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answered on Oct 6, 2018 at 20:54
by  
.

@ Romeo

I shall comment to the legal part first.

The following IMI Laws and Policies were broken

1.  Overstay.. you did not leave within the 30 days given to your social visit pass.
2.  Visit  Pass cannot be converted into any other pass (eg Employment Pass)
3.  Breaking of Passport Laws, your passport must be with you all the time. Only at the last stage of the application, you go direct to IMI with your passport for biometric fingerprints which is embedded into Expat Employment Work Permit. During applications, only copies of your passport is required.
4.  Appointment of Agents  is not allowed by IMI MAL. The work permit is based on 2 Joint applicants. Employer & Employee.
5.  False report to Police that the manner of passport loss. If you present the docs from Poslaju, you can be charged in court for false report made to Police. All lost passports is immediately reported to  INTERPOL. All same names can be made victims at ALL IMI worldwide...!!
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answered on Oct 6, 2018 at 21:16
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Thank You Jeff for your time reading my long email, 

I keep it as detail as possible, show the loop holes  to others that will  serve and for them to have a better decision for themselves 

I expected stiffer penalty like banned, I broke the law 

I just hope I will be back to Malaysia and repay everyone who support me more especially Lawyerment
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