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IM/96 (c) and B/B6

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asked on Jan 11, 2017 at 06:17
by   Ann Shi
edited on Jan 6, 2018 at 05:51
 
My boyfriend, mid 30's, from Taiwan (family business) with legal and valid document including return air ticket came to Malaysia to meet up with my family to discuss and make arrangement & choose date for our wedding. We seek advise from Taipei Embassy in Malaysia to extend his 30 days visit visa as there is not enough time. But they told us we can't. All we need to do is to fly out of Malaysia & re-enter then he'll get fresh 30 days.

We booked our pre-wedding photo shooting on last year November (our anniversary) and my birthday is in September. So he arrived in September. We flew out of the country in October to buy our wedding gown. November we flew to Bali for the shooting. But the day when we came back from Bali, he was stuck at the KLIA2. The officer only asked him to wait inside. And we didn't know what's wrong. The Immigration says he has entered Malaysia 3 times in 3 month and it was against the system even though the did not overstay. They deported him back to Bali. They didn't even allow him to use his already pre-booked air ticket for direct flight back to Taiwan. According to them, he has to go back to the Bali where he came from then from Bali fly to Taiwan. Behind his passport they stamp IM/96 (c) and B/B6.

I would appreciate if anyone could help advise:
1. Can he still come to Malaysia?
2. We were supposed to go Japan to register our marriage after we came back from Bali. But now he can't enter Malaysia, how can we proceed to register our marriage if he can't come to Malaysia?
3. Where should we appeal & how to go about it?

We felt helpless. We choose to register here and not Taiwan because his parents are against our marriage as I'm divorcee with kids. I can't leave Malaysia at the moment as I'm working here and I have my own commitment to settle before moving to Taiwan. Due to age we plan to have kids now, that's why we have to be legally married now instead of later. 

I sincerely hope someone could advise us. Thank you and good day!
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answered on Jan 11, 2017 at 07:00
by   Mzack
edited Jan 6, 2018 at 05:56
 
1. Can he still come to Malaysia?
Not for the time being

Postpone the marriage. Did you know that to marry a foreign spouse may sometimes take more than 3 months.

You can appeal against the NTL, but it is a very tedious process which may take at least a year.

Read here:
https://www.lawyerment.com/answers/questions/11491/im-96-c-b-b6-stamped-on-my-passport-in-malaysia

The Immigration says he has entered Malaysia 3 times in 3 month and it was against the system even though the did not overstay.
This is only one part of the "excuse".

Due to age we plan to have kids now, that's why we have to be legally married now instead of later.  
In Malaysia, the beauty is that you can have a child first then marry later provided you have documents to prove you are single (Hint 1) and not a Muslim.

Questions:
1. Did he maximize the 30 days stay for the 3 trips?
2. Did he travel to another country during these 3 months other than to Bali?
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answered on Jan 11, 2017 at 12:52
by   Ann Shi
edited Jan 6, 2018 at 06:14
 
Thank you Mzack for your reply.

We didn't know it will take that long as we checked online and it says the process just like local.

We just wanna do it the legal way and we can't keep traveling to both countries few times a year, which we did for past few years. And it is difficult for me to get pregnant and he might not be around during my labour. Most important we do not want the child under - anak luar nikah - worry difficulties in the future as I and our kid will go back Taiwan.

1. Did he maximize the 30 days stay for the 3 trips?
Yes, approx 3-5 days before the 30 days due because the photographer scheduled available slot for us in November and also the same month of our anniversary. I had to take leave also each day time. Usually few days (3-6 days) as we couldn't leave my kids too many days.

2. Did he travel to another country during these 3 months other than to Bali?
Yes.
- 1st enter Malaysia in September
- 2nd enter (October) back from Jakarta (shop for gown/suit for our wedding)
- 3rd Denied entry (November) back from Bali (officer didn't even want to talk, listen nor see proof (our luggage it's all full suit & gown, USB of the shoot, veil, flower, invoices, etc.). He just shouted at us - "No need to talk whatever you guys do it's trying to escape. We will not listen."

We were so shocked and felt helpless as we didn't know what was happening. We were not allow to ask. They just asked us sit at the corner of the waiting area for 2 hours. Then he called him to enter a room with his luggage and asked me to go off which I reluctant to go. After another 2 hours standing in front of the counter. Finally, a lady officer told me what was going on. She asked me not to wait anymore as he will be deported and the reason being - enter too frequently.

After reading your message. Now I knew we are in big trouble. It means he can never comes back but the officer told me after 3 months can come back.

The link you share didn't show where/which Immigration Department where we can refer for the appeal or seek advise. Because the whole thing happened in KLIA2 Airport Immigration.

Question:
Anyone can advise me which department or immigration I can walk in or call to seek for advice and appeal?
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answered on Jan 11, 2017 at 16:22
by   Mzack
edited Jan 8, 2018 at 22:34
 
Anyone can advise me which department or immigration I can walk in or call
https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia

Go to HQ. Overstayers and Appeals same location different departments. You can go there to enquire. Calling, you will get "nonsense" feedback.

Appeal? Are you the passport holder? Show original passport please...
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answered on Jan 11, 2017 at 17:14
by   jeff005
edited Jan 8, 2018 at 22:43
 
@ Ann Shi

It means he can never comes back but the officer told me after 3 months can come back.
Wrong interpretation by you. Can come back if there is a successful appeal. After 3 months can try to fly in, but chances is that the NTL without time frame stands. 
(At the discretion of the Immigration Officer).

If a case is real and serious, people will make an appeal tediously and can be successful.

Questions:
I'm divorcee with kids.
Usually few days (3-6 days) as we couldn't leave my kids too many days.
How many kids?
How old are they? Male? Female?
Who has custody of them?
Does the father of the kids want them?
What are you going to do with them once you marry a foreigner and intended to migrate to Taiwan?
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answered on Jan 11, 2017 at 17:38
by   jeff005
edited Jan 8, 2018 at 22:46
 
@ Ann Shi

- 3rd Denied entry (November) back from Bali
He just shouted at us - No need to talk whatever you guys do it's trying to escape.
How can there be a 3rd Entry when he has not "entered"?
Immigration officer's rudeness is unbecoming.
There is a possibility that he has been "Red Flagged" even at his exit from Malaysia the last time.

They just asked us sit at the corner of the waiting area for 2 hours.
Immigration was tracking his other cross borders travels during these 2 hours.
Did the Immigration officer take his passport or it was with him all the time?

Can you describe accurately the type of VISA he has applied from the Malaysian Embassy in Taiwan.
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answered on Jan 11, 2017 at 21:25
by   Ann Shi
edited Jan 8, 2018 at 23:18
 
If a case is real and serious, people will make an appeal tediously and can be successful.
Thanks Jeff. Your advice gives us some hope. My boyfriend had check out with his home country Malaysia Embassy. They are also unsure of the time frame.

Questions:
How many kids?
2 sons

How old are they?
Teenage 

Who has Custody of them?
Me full custody

Does the father of the kids wants them?
No. He remarried and left us when the youngest was only 3 years old

What are you going to do with them once you marry a foreigner and intended to migrate to Taiwan.
My kids are main reason I can't leave the country these few years as the eldest is still in university. We do not want to effect the kids. We have to wait until he graduates with a job. As the younger one will be follow us to further his study in Taiwan.

How can there be a 3rd Entry when he has not "entered"?
There is a possibility that he has been "Red Flagged" even at his exit from Malaysia the last time.

According to the kind lady officer who advised me to leave their office. Back from Bali is considered an entry.

We didn't know or notice anything.

Did the Immigration officer take his passport or it was with him all the time?
His passport was taken when he passed the Immigration at the arrival hall. They hold his passport and asked him follow another Immigration Officer to the office. The next thing that happened was as I mentioned above. No queries or questions session or explanations. We were only being asked to wait and take orders. According to my boyfriend inside the room also nothing. They were playing poker card and laughing. Next, they called his name & asked him follow another Immigration Officer to departure hall and handed him to Airasia staff. Luckily a kind Airasia flight attendance told him what's going on. And stay with him the whole time explaining and guiding him. Ask him to buy his air ticket from Bali back Taiwan.
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answered on Jan 11, 2017 at 21:36
by   Ann Shi
edited Jan 9, 2018 at 06:53
 
Can you describe accurately the type of VISA he has applied from the Malaysian Embassy in Taiwan.
Taiwanese no need to apply visa. They have automatic non-extendable 30 days visit pass.  All these years. Every year either he flies to Malaysia 1 or 2 weeks or I fly to Taiwan 5-6 days few months once so we don't encounter such problem. 
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answered on Jan 12, 2017 at 00:14
by   jeff005
edited Jan 9, 2018 at 06:59
 
@ Ann Shi

Thank you very much for your understanding in replying my questions about your children. To others it means nothing, me just being nosy and will not even reply me at all. It does affect you later down the road if things are not planned for your future exit. In any case it will not affect you as you have planned well for the children. GREAT..!!

I will try my best to answer your issue. Honestly, mainly for the kids. It may be even into 2 or 3 parts.

Firstly, you must understand why the Immigration did it. They have valid reasons.
For most of the NTL cases, I do not reply, as they have not the truth about how their NTL came about in the first place. Most of them are lies.

We seek advise from Taipei Embassy in Malaysia to extend his 30 days visit visa as there is not enough time. But they told us we can't.
Correct, Taipei cannot extend, only Jabatan Imigresen Malaysia can. Malaysia Auto Visa is a single entry for social and business visits. It can be extended 1 or 2 times while in Malaysia, provided with proof and valid reasons. Yours is a valid reason, unfortunately inappropriate advice.

All we need to do is to fly out of Malaysia & re-enter then he'll get fresh 30 days.
That officer was out of touch and was giving inadequate advice. Fly out to where? To go into another country no longer works at 2nd attempt. He must fly back to Taiwan. Human traffickers, Drugs mules, ISIS militants used this method last time to sidetrack their movements. I went to Thailand 4 times in 3 months last year with no issues. But I learned to vary my stay there, 2, 3, 4 weeks. 

Do study the embarkation and disembark forms carefully. Wrong filling up can give problems. It varies between Singapore, Thailand, Beijing and Indonesia (so I noticed). For auto visa, must show proof you come in and must go out same Airport. Or else next trip.. trouble comes knocking nowadays.

Your fiancee came in from Taipei, but in out from 4 different locations. See the problem? Drugs mules can show proof also. Militants can show proof of invitations from religious establishments. So, no excuses to escape. This has been leaked out from the Immigration Officer's mouth.
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answered on Jan 12, 2017 at 02:41
by   Ann Shi
Thanks Jeff for your kind sharing. It's very helpful information. We understand. 
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answered on Jan 12, 2017 at 18:21
by   jeff005
edited Jan 9, 2018 at 07:03
 
@ Ann Shi

What to do next
1. Can try to come in after 3 months.
2. Make an appeal to the Immigration HQ with supporting facts.

For your case, I would prefer the No. 2 above as it would be long term basis and to clear the Black mark on the passport pages in case of travelling to other countries for business visits.

Before you make your appeal please read up on the following in this forum.
3. Civil Marriages with Foreign Spouse, applications and issues.
4. Appeals to Immigration lift ban to foreign spouse and girlfriend. Boyfriend on re-entry.

Then only draft out your appeal letter. Post it here for checking. Most of the posting have wrong advices, some written by "Agents" who is out to get moneys. Have anyone posted on successful Appeal?

Learn from the mistakes of those wrong advices posted.

Let your appeal be the first documented successful one.

Docs to prepare (Draft not final)
a) Photos taken at Bali and copies of purchases at Jakarta.
b) Draft of marriage docs - available online.
c) Letter on Status of foreign spouse (one for marital status, one for security clearance) to be obtained from the Taipei Embassy in Malaysia. Do this at Taiwan (Ministry of foreign affairs - I think). Purpose is to shorten the application of marriage in Malaysia. Submit the docs(in Malay) to Embassy here and probably you can get the copy the next working day.

Having done the above
d) Apply for LTSVP at Malaysian Embassy at Taipei and submit, as reference, all the above docs submitted to Immigration. Apply for 3 months or 6 months LTSVP (not sure) for the purpose of marriage. Make sure it is multiple entries (it costs about RM600 - someone posted)

Please take note that "Visa" & "Pass" are two different things.
Visa is a Cert pasted on the passport page.
Pass is a stamp on your passport page.
For your case do not go for Free social visit Pass of 30 days.
You need to affirm a LTSVP to "block" out the NTL stamp. Then only future entry of 30 days will be smooth.

The above suggestions is not exhaustive. Do find more..!!

Regards,
Mzack
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