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BLI/WM IM 101/E-Q1/(06)/2017

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asked on Mar 15, 2017 at 21:01
by   Marinika85
edited on Mar 20, 2017 at 08:33
 
I have completed my study in private school in Malaysia and everything was going alright until July 2016 when I was offered to work in one local company, whose owner was well networked with my friends. I was waiting for the company to provide me with all immigration arrangements, but they were keeping of promising that everything will be done shortly and I should not panic and leave the country, because even in case if I overstay they will sort it out.

Well, after one month of anticipation, I was explained that they can not help - immigration rules changed, people in immigration were replaced, so they are helpless in my case.

I started to look for the other way around to solve my problem and obtain a valid pass to stay in Malaysia, since I got a source of income and extended my house agreement as well.

This time one friend of mine told me that she had an issues as well similar to mine and she knows 'a very good  & reliable person' who can help. That's how I was introduced with the person working in Marketing dept of one of the Universities in KL, who clears overstay problems for the students. I have had some premonition but dared to use this notorious service. Within short period of time I got an official job offer in Malaysia and company proceeded with application for Employment pass. Something was going wrong from the beginning, HR tried many times to obtain ESD approval, but application was rejected 5 times due to lack of documents proving financial status of the company.

In November, Approval was obtained finally and company proceeded with application for my employment pass - by that time I was working in the company for 5 month and duration of my overstay was the same.

I went to Immigration Putrajaya and submitted my passport, lately when I came to collect my passport I was detained for the reason that Immigration suspects that stamps in my passport are falsified. I've spent in Immigration lock up 8 days, faced Mahkamah then paid fine RM18,000 for 3 offences - overstay 5 months & 2 falsified immigration chops. I was removed from Malaysia by the same day and got Red chop BLI/WM IM 101/E-Q1/(06)/2017, as I was explained I banned to re-enter Malaysia until Jan, 2019.

My legal representative convinced me that he will appeal to reduce the period of restriction to enter Malaysia.

I still have unsolved issues with my employer, which will be considered in Labour court, so please help me to understand how practically possible to reduce the term of restriction and also what codification IM 101/E-Q1/(06)/2017 means.

Thank you very much in advance. 
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10 Answers

answered on Mar 15, 2017 at 21:37
by   Azizi
I still have unsolved issues with my employer, which will be considered in Labour court
What are these issues?
Which country are you from?
What sort of work you were "employed" in?
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answered on Mar 16, 2017 at 00:16
by   Marinika85
I am from Russia, I was employed for International Business Executive position. 
Status of employment is unclear until now, I am eligible for certain remuneration which was not released yet
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answered on Mar 16, 2017 at 02:04
by   Azizi
 International Business Executive position.  
You will not be under the protection of Labour Laws in Executive position.

My legal representative convinced me that he will appeal to reduce the period of restriction to enter Malaysia
He can appeal but 100% sure will be rejected. Inexperienced Immigration Lawyer.
But if a lawyer tells you that you cannot appeal, would you have engage him/her?
Business as usual...
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answered on Mar 16, 2017 at 11:26
by   Marinika85
You will not be under the protection of Labour Laws in Executive position. 
Even if not, I still have rights to claim what I served for but never been paid due to my disadvantageous position being outside of Malaysia. My legal representative prepares a Writ of Summon and Statement of Claim to file in KL Session Court. 

He can appeal but 100% sure will be rejected. Inexperienced Immigration Lawyer. 
I was also doubting that he will even succeed in that. Only immigration officer who was in charge of 
investigation told me that my lawyer should appeal and she can guide him through it. i do not think that for her it's also a business, because 'puan' is quite high ranked and reputable. 
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answered on Mar 16, 2017 at 16:21
by   Azizi
My legal representative prepares a Writ of Summon and Statement of Claim to file in KL Session Court. 
Wrong procedure. Change lawyer.

Only immigration officer who was in charge of  investigation told me that my lawyer should appeal and she can guide him through it. i do not think that for her it's also a business, because 'puan' is quite high ranked and reputable.
Wow.. to all those people outside immigration thinks of them working inside there are all "high ranking" officials. They are just only human beings, government servants, some served longer, some less, given their ranks. "Business as usual" can mean just tell you sob stories to "cool" you down and you go home. Once you have gone back to your country, there is nothing much you can do.

You can appeal Within the period before departure from Malaysia when you are here inside Malaysia. Nobody else can appeal, except a legally married wife, on your behalf. Your passport number, name, country, biometric finger prints is just a record on immigration records.
To file a writ of summons in court, you must have to sign documents affirm by a Commissioner of Oaths in front of her/him inside Malaysia. That is LAW and court procedures..

The fact that you have 2 falsified immigration chops on your passport you could have been bestowed a period of BAN for 10 years. You may have been given the benefit of doubt.

I am in the same dilemma as PUTIN.. he speaks the truth on some issues, people do not trust him. I write the truth about lying agents and even some so call immigration lawyers. Yet people would pay those people to find a way out of immigration issues losing tons of moneys every year. 
It is very sad for me as People would like to read positive replies. The Truth is out here and there. I do believe that Aliens are living in Russia. I am neither Moslem, Buddhist nor Christians yet I believe the legal truth and justice.

To those immigration defaulters, wake up..!! Save your monies till the ban period is over. Then travel to Malaysia for a tour and holiday. Then only i would say "selamat datang" aka welcum.
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answered on Mar 16, 2017 at 20:20
by   Marinika85
Nobody else can appeal, except a legally married wife, on your behalf
I am female and I never been married yet
The fact that you have 2 falsified immigration chops on your passport you could have been bestowed a period of BAN for 10 years.
That's the reason I do not want to change a lawyer. 
To those immigration defaulters, wake up..!!
so-called 'immigration defaulters' come to Malaysia not to chill, everyone were there for a reason, I do not think any of them or 'us' would choose to be illegal if there is any alternative. 
I do believe that Aliens are living in Russia
not in Russian Federation only, if you have a look at Kementerian Laur Negeri statistics you will find that those aliens are all around already, going overseas for a new experience and later coming back disgracefully. 
Then travel to Malaysia for a tour and holiday. Then only i would say "selamat datang" aka welcum.
I have been travelling to Malaysia since I was a kid, my family members and dozens of friends live around there. Even if now Malaysia told me 'selamat jalan' I know I will be warmly welcome there again. Lesson learnt. 
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answered on Mar 16, 2017 at 21:13
by   Azizi
Aliens are living in Russia
A few statements from Russian Prime Minister Dmitry Medvedev are included in an MFA (Minister of Foreign Affairs) report.

Faces of those Aliens
http://www.ufos-aliens.co.uk/cosmicspecies.htm

I am female and I never been married yet 
Corrections.. then "Nobody else can appeal, except a legally married husband, on your behalf "

I have been travelling to Malaysia since I was a kid, my family members and dozens of friends live around there
Then your family and friends should be wise to immigration laws and procedures.

how practically possible to reduce the term of restriction
You have already a lawyer working on it.
If he could not do it, how could others do it.. u know lawyer are professionals.
My personal opinion is
No Legal Way around this BAN.
Bye
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answered on Mar 16, 2017 at 22:09
by   Marinika85
A few statements from Russian Prime Minister Dmitry Medvedev are included in an MFA (Minister of Foreign Affairs) report. 
Faces of those Aliens 
http://www.ufos-aliens.co.uk/cosmicspecies.htm 

Wow...such a realieble source to support this statement.... 

Then your family and friends should be wise to immigration laws and procedures
Yes, they were giving me very wise advices - to go bribe the officer but I am not experienced in that and do not know how practically you can approach a government servant and offer some cash, until my removal I have not learn how to do that it might be a reason I am banned

No Legal Way around this BAN
I am appreciated for sharing your thoughts and your experience. It was completely new information what I have heard from you and I will have a very scrutinous discussion with my lawyer. Thank you once again ! Bye 
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answered on Mar 17, 2017 at 00:15
by   jeff005
edited Mar 17, 2017 at 00:22
by   jeff005
BLI/WM IM 101/E-Q1/(06)/2017
This is a code used by the Immigration Malaysia only. Used for those who have overstayed.
It is only immigration officers who can explain the full offences. First time I see this "full code".

I am sorry you have been cheated by those agents and employers.
It is not the Malaysian culture.

Q's..
1. You have worked 5 months in the company, how many months they did NOT pay you?
2. Did you receive a letter of employment? Tell me what is your Jobscope.
3. How much was offered in RM..??
4. You have studied in a Private School. What visa/pass you were given by immigration.
5. What was the actual 3 offenses if you can still remember. You have just stated 2 only.
6. Were you represented by that lying lawyer when you were charged in Mahkamah. 
7. If he/she was in court, did he made an APPEAL for you just after you were charged.
8. You were fined RM18K, did you paid the fines in FULL. Is there any receipts issued by immigration.
9. Can you remember the name of the Mahkamah you were brought to and charged.

I can feel your frustration about your case of which you are purely a victim. You may be coming back after the ban to seek JUSTICE. Answer as accurately as possible to see if you have a case.

Do not pay anymore to the lawyer until you have facts and figures.
But do not tell lawyer that you have "directions" from this forum.
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answered on Mar 17, 2017 at 17:18
by   Marinika85
I am sorry you have been cheated by those agents and employers. It is not the Malaysian culture. 
The lousy agent was Pakistani who choose to 'dig gold' in Malaysia taking an advantage of current regime, which creates favourable conditions for such illegal activities, the worst part is that those who got a fake endorsement in their passports are arrested and charged, immigration officer from Johor who faked the chop also arrested, but agent is still 'on duty' like it does not concern him at all. 
My former employers are 'jazzy' examples of undereducated people who believes that slave-owning still exist and buying 'dato' title from pahang grants them privileges, including mistreating of manpower. But definitely, they are those representatives of nation whom I never will associate with Malaysians entirely. These sort of people do not have national identification - they worship money only. 
Q's.. 
1. You have worked 5 months in the company, how many months they did NOT pay you? 

I have not received payment for last month, travel allowances, plus initially the owner promised to pay full compound for my overstay (10K) because it occurs due to employer's incapability to obtain employment pass timely. But since I was arrested, my ex-employer keeps very quite, I have tried to contact HR and owner to clarify my employment status, but not respond at all. More than that, the owners instructed my colleagues to avoid communication with me otherwise they will have problems. 
2. Did you receive a letter of employment? Tell me what is your Jobscope. 
Yes, i did, LOE was submitted to Immigration HQ and ESD. Also i have my employment agreement in hands. Job scope is design & execution marketing strategy, establishment relationship with foreign partners, liaison with client and suppliers etc. Client was Mindef (RMAF, RMA, Navi)  
3. How much was offered in RM..?? 
7K for probationary period 
4. You have studied in a Private School. What visa/pass you were given by immigration. 
during all period I was under student visa, always renewing in time until my graduation 
5. What was the actual 3 offenses if you can still remember. You have just stated 2 only. 
falsified endorsement (2 chops) and 5 months overstay 
6. Were you represented by that lying lawyer when you were charged in Mahkamah.  
yes, the same lawyer + female lawyer who was speaking, both of them were arranged by our family friend, and previously served him during disputes with business partners 
7. If he/she was in court, did he made an APPEAL for you just after you were charged. 
nope, he did not, i was busy with my travel arrangement, house issues, payments and other urgent stuff,
when i met a lawyer he told me we still have time and whenever i make a decision he will appeal 
8. You were fined RM18K, did you paid the fines in FULL. Is there any receipts issued by immigration. 
Family friend was transferring full amount on my behalf since i was still detained till my departure, yes, we have all the papers to prove 
9. Can you remember the name of the Mahkamah you were brought to and charged. 
it was in Sepang, detainees from Immigration Putrajaya and Sepang depot are charged there.

I can feel your frustration about your case of which you are purely a victim. 
Thank you so much for the empathy, even judge and prosecutor were very compassionate towards me, when my lawyer brought my certificates with distinction, proves of my social responsibility, but 'one touch' with an agent ruined my presence and career in Malaysia.  

Do not pay anymore to the lawyer until you have facts and figures. 
The lawyer sent me new LOA and was rushing me to out my signature, but I rejected because I did not get any clear picture on how he will handle this case. 
But do not tell lawyer that you have "directions" from this forum.
No way, I still would like to listen his plan, strategy and so on. 
Thanks a million for your advices and support!
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