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Family staying and working illegally in Malaysia. One member has been arrested. What should we do now?

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asked on Aug 2, 2017 at 03:43
by   Marium
edited on Sep 30, 2017 at 04:27
 
My brother was working illegally for a company which has given him good position and visa. After working for 3 years, he tried to leave Malaysia for the first time and at the Immigration counter, he was arrested for using fake visa.

After 7 days being detained at the airport, they took him to court and the company was penalized RM13,000 and my brother was sent to the detention camp. They took everything belong to him thus we cannot contact him.

Now we are clueless what to do.

Please help as my parents and me also illegal here and one agent is keeping our passports and not giving us back. My parents and I are here for one year.

Please let me know what I can do for my family and brother.
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10 Answers

answered on Aug 2, 2017 at 04:04
by   jeff005
edited Sep 30, 2017 at 04:28
 
1. For you and your parents, it would be wise to surrender to the Malaysian Immigration. Go seek help from your country's embassy. Your embassy will give temporary exit documents without the need for passports. Go for the 3+1 Voluntary Surrender.

2. Your brother and his employer have been cheated by a agent by the giving of a false work permit which is a very serious offense.

His employer have been fined, hence admitting the fault is theirs, your brother shouldn't be jailed. Once the fines have been paid, your brother will be deported back to Pakistan. No worries, no harm will go to him. It is the company's fault.
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answered on Aug 2, 2017 at 04:31
by   Marium
edited Sep 30, 2017 at 04:32
 
Thanks for your prompt response.

How can we hand over the air ticket to my brother as he's in the detention camp and we are illegal here. We cannot rely on the company if they'll give air ticket to my brother or not. Any normal legal person can go to the camp for giving air ticket to him or not?

My second question is about for me and my parents, how much they'll fine me and my parents approximately because we're here since May 2016 and got one extension for 30 days and one special pass sticker on our passports. How can we prove these extensions as we don't have our passports in hand?
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answered on Aug 3, 2017 at 16:46
by   jeff005
edited Sep 30, 2017 at 04:38
 
Malaysian Immigration will get the employer to pay for the deportation air ticket. Even if they do not, report to your Embassy and buy your own ticket. Embassy officials will pass the ticket to him.

The Voluntary Surrender is only RM400, 300 fines 100 exit pass. Air ticket your own.

My personal view is that the extension and so called special pass could be forged stickers. That is why the agent will never give you back your passports. There is no extension on social visit pass unless under very special circumstances. In any case you have overstayed. One day overstay is overstay. Such is immigration laws. Having forged stickers on your passports can get you jail term.

Just go to your embassy to seek help and get out of Agent's Slavery.
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answered on Aug 6, 2017 at 22:42
by   Marium
edited Sep 30, 2017 at 04:44
 
If we surrender directly to the Malaysian Immigration, is it possible that they will arrest us or keep us in their custody? Because if they do, how we'll pay fines or buy the air tickets for ourselves?

Next question is that, Malaysian Immigration gives us the special pass for leaving the country on the same day after we surrender or they take time? As we got our passports from agent luckily.

One thing more that I've read on many places that they charge a fine around RM10,000 if someone has been staying illegal for about one year. This is something very tough for us because RM10,000 is too much to pay. You said they'll fine only RM400, is this confirmed that they won't charge like RM10,000? Because we came here on tourist visa.

Last question is that should we buy the air tickets for ourselves before surrendering and let them see the air ticket? Or they will give time later to buy ticket? 

I'll be very thankful again for your response.
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answered on Aug 7, 2017 at 02:27
by   jeff005
edited Sep 30, 2017 at 04:46
 
@Marium

Dear Young Lady,

I really would like to help you and your parents to go back to Pakistan. How to convince you is the issue. If you google and read on overstay and how to deal with it, you will get lots of conflicting answers. Some given by agents to scare you all illegal immigrants, some written by smart Alec's who also Google and give stupid answers which they are not sure off or being involved in.

Then Trust me.
I am not an agent, I do not earn money's from here, instead my time and Internet charges are bore by myself. I am here to help dispense free advices because I owe this forum. It is from this forum, this very Platform that with the advices given free of charge by senior forumers that I managed to resolved my bankruptcy issues which have plagued me for over 14 years. If one have real issues on overstay and post on this forum, I feel obliged to help out.

Read thru this Immigration section from January onwards, I have advised many people to go for the 3+1 Voluntary Surrender, I assume that it is useful because nobody came back and ask again. A few have replied and updated me that they have gone for the 3+1 surrender. Some have even gone home months ago. Read backwards.
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answered on Aug 7, 2017 at 03:02
by   jeff005
edited Sep 30, 2017 at 04:48
 
Follow the instructions now you have gotten your passports back.

1. Go seek help from your Embassy. They will issue you Exit Papers. 

2. The embassy will arrange and/guide you to go surrender to Immigration. Without the exit papers from your embassy, you can be arrested for overstaying. If caught working or walking on the streets, will also be arrested, jailed, fine plus whipping for men. For voluntary surrender, no detention or jail. But you must have Exit Papers from your Embassy.

3. At Malaysia Immigration, after a short harmless interview with you, you would be biometric finger printed and they take your passport for processing. They will give you acknowledgement papers that your passport is with Immigration Malaysia. They will give you a date to collect your passport and Exit Pass and when to buy your air ticket. Without the air ticket, you cannot collect your passport and Exit Pass. Normally they would give you 14 days to leave Malaysia, depending on availability of flights to different countries.

4. Get ready RM400 for Immigration Expenses, air ticket funds. That's all.

5. Take note that Exit Papers from your embassy and Exit Pass from Malaysian Immigration are two different documents.

6. No agents are allowed. Must do it personally with the help of your embassy. Those who says needs agents are LIARS out to cheat your moneys.

If you are still insecure, then find me in Old Kelang road, Kuala Lumpur. I am overseas now but be back this weekend. Sue me if I write false information on this forum on immigration overstay issues. The 3+1 Voluntary surrender is still on now but I do not know when it will close this amnesty period. Hope this is clear and simple enough for you to understand. Compute?
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answered on Aug 18, 2017 at 01:24
by   Marium
edited Sep 30, 2017 at 04:53
 
Thanks alot Jeff. This is so helpful for me. I've some more questions:

1. My embassy is saying that if you have passport than you don't need exit papers as exit papers is other name of outpass and outpass is for them who don't have passports.

2. I'm thinking to make outpass as our passport having one stamp of special pass of August 2016 given by agent. Don't know if it's fake or original. If we go with the passports with stamp, be it fake or original, Malaysian immigration still will arrest us or not? Or we should make outpass and don't use our passports?

3. If we make outpass, we need a police report for passport lost. Is it possible that police will arrest us that we're illegal here and don't have passports? What should we say to police for police report of losing the passport?

4. Last question is about my brother, he got ticket from company to go back Pakistan. He'll leave very soon. Actually in Pakistan, Federal Investigation Agency (FIA) will catch him at airport for investigation as per process for deportees. Can you give any idea about anyone from Malaysian Immigration will go with my brother to Pakistan or not? And what Malaysian Immigration will write on the charge sheet of my brother? I need to know because it will be helpful for me to inform in Pakistan.

Thanks alot Jeff. Your answers are so helpful for me..
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answered on Aug 18, 2017 at 05:31
by   jeff005
@ Marium
I have transferred my reply to you to this thread
https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=17#a38711

The purpose is for sharing of information for different situations.
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answered on Sep 6, 2017 at 20:06
by   Marium
edited Sep 30, 2017 at 04:59
 
@Jeff

Hope you're fine. I've arrived safely in Pakistan now. Want to thank you for you guidance. It was really, really helpful for us. Want to share my experience so it will be helpful for others.

Firstly we made police report of lost passports. Yes, it was not easy to make police report because they investigate you so much. It would be better if you have any good reference but DO NOT TRUST ANYONE.

Then we went to make temporary passports/exit papers from our Pakistan Embassy. They have taken 3 days. If you request them to make it urgently, they'll do it.

After we got the temporary passports, we went to Jalan Duta to surrender ourselves but trust me, it was NOT easy. Yes, I took help from someone to do work fast and for less investigation. So luckily they didn't ask anything. Surrender fees was RM400.

We booked our tickets and took along with us when we went to surrender ourselves and all has been done in same day. They gave outpass/exit pass to us to leave Malaysia with 5 years ban.

Lastly we went to airport, the Immigration Counter just asked how you lost the passports and that's it.

I again want to thank you so much Mr Jeff, you really helped and made me understand every single step.
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answered on Sep 6, 2017 at 20:58
by   jeff005
Dear Marium

Thank you so much for sharing. I am very glad and happy that you are back @Pakistan. I also suspect that the "special pass" in August 2016 is fake. Just last week, a Pakistani Mastermind was caught by Malaysian Authorities for making fake passports and immigration work permits and "special pass" and sold to fellow countrymen.

As I have mentioned so many times on this forum, there is No Extension  for Social Visit Pass. And for special circumstances, it is only for another 30 days.

You really make my day with the good news now that you are out from the clutches of Agents  and no longer their slaves.

Good Wishes to you & your family in all the future undertakings.
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