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Overstay 3 months and have a job offer

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asked on Apr 3, 2017 at 16:11
by   mauricio
edited on Apr 17, 2017 at 08:48
 
I am from Chile , South America. I have at the moment overstayed 3 months and got a job offer, so I will clear my situation to leave. Now my question is: 

Will I be allowed to came back after 10 days of leaving Malaysia? or will I be blacklisted?

Now, I know that to apply for a work permit, I need to leave again. My concern is about coming back to Malaysia immediately after paying my special pass while waiting for the work permit visa.

Thank you in advance.
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8 Answers

answered on Apr 6, 2017 at 17:32
by   Marinika85
Mauricio 
I have at the moment a overstay of 3 months and got a job offer 
check with your potential employer if they have approval by Expatriate Service Division 

will I be allowed to came back after 10 days of leaving malaysia 
in order to get your working permit and working visa sticker to your passport you ned to be outside Malaysia not less than 72 hours 

or will I be blacklisted 
make sure that you go to Immigration Putrajaya together with HR representative or another company's representative with authorisation letter. Your employer should submit all the papers to immigration, including your offer letter to prove the fact that they intend to employ you. Immigration might take one or a few days to determine amount of compound you will pay for your offence. 
But do not take a risk and go on your own. I did that mistake and got blacklisted 
now i know that to apply for a work permit i need to leave again , my concern is about coming back to malaysia immediately after paying my special pass while waiting for the work permit visa
once  you settle your overstay issue you will be given certain period to leave the country, no point to come come back until your employer receives approval from ESD, process takes up to 2 weeks, but they are very efficient so might take even few days for the consideration. just convince your employer to commence application process soonest 
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answered on Apr 9, 2017 at 03:55
by   mauricio
edited May 8, 2017 at 08:02
 
Thank you marinika. Just one last thing, do you have any idea of what's the penalty for my overstay?
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answered on Apr 9, 2017 at 19:22
by   Marinika85
edited May 8, 2017 at 08:04
 
do you have any idea of what's the penalty for my overstay?

@Mauricio,

By right, they calculate RM30 multiply number of days you overstayed. But can be fixed amount, depends on the Immigration.
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answered on Apr 10, 2017 at 02:02
by   jeff005
edited May 8, 2017 at 08:05
 
Overstay is overstay.
The penalties are there.
Just be cautious if agents claims that monies can resolve overstaying matters and can apply for employment permit. Those are nothing but lies.

No doubt it could be done legally in the past 7 years ago before the biometrics fingers printing started. It holds no water nowadays. In any case the work permit obtained are falsed ones. The permit stickers are real, but there are no records in the immigration computer systems.

Losing monies to agents is one thing, getting jailed is another bigger issue.

Be cautious, be alert to protect oneself.
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answered on Apr 10, 2017 at 02:11
by   jeff005
@ Marinika entered on a student visa. she did not get max immigration penalties.

If you come in on a 30 days social visit pass, you can be in trouble. No agents can help you.
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answered on Apr 10, 2017 at 02:29
by   jeff005
edited May 8, 2017 at 08:07
 
@ Marinika

When you come back in the near future, you may want to sue your ex employer.

Do take note, your case has to be presented in INDUSTRIAL RELATIONS COURT OF LAW. The starting lawyers fees maybe around RM10,000 to 15,000.

Even if you win, and get the one month salary, the court awarded costs may be 2k only. You may ended up with nothing after paying lawyers fees.

My personal opinion non legal:
You are working in that company on a falsified immigration document. That in itself, voided any employment contract. Moreover, you are to be in a foreign employment contract approved by the immigration dept. Not local employment contract.

My personal sincere advice. More on and expand your horizons. Do not be taken in by agents or lawyers.

You two are young and sweet. Just read up on employment contracts for foreigners in the immigration website. It is in English version too.

Good Luck!
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answered on Apr 10, 2017 at 16:48
by   Marinika85
edited May 8, 2017 at 08:08
 
@ Jeff

Actually I cooled off, I have tried a few options, but found not much I can do with my ex-employer, this matter does not worth large efforts that need to be invested into. I put myself in such situation that allowed others to exploit and cheat me, must probably need to 'work out my karma'). So, I just want to focus on current opportunities I am getting which would not be coming my way if I stayed with my ex-employer. Definitely, I will travel to Malaysia for holidays once ban is over, but no more any high-risk activities and experiments with Pakistani or Arabic agents and off-the-books employment.

Many thanks for your concern and thoughtful opinion.

Cheers!
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answered on May 4, 2017 at 04:18
by   Thomas josh
edited May 8, 2017 at 08:08
 
Student penalty is higher for overstay. RM5,000 compound to college and RM3,100 maximum penalty applicable for the student. If daily it will be RM50.
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