Overstay clearance procedure changed? Officer didn't give special pass after accepting documents

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asked on Oct 17, 2017 at 16:51
by   j thaker
edited on Nov 8, 2017 at 08:42
Need your help on overstay matter. Mine and my family’s visa was expiring on 20th Aug. Necessary documents were given to my employer for visa renewal before a month. On 15th August, there was request from MDEC that my son’s PASSPORT was expiring in July 2018 which is less than a year and hence they asked to renew the passport before proceeding further.
It took around 10 days to get new passport of my son. Upon getting renewed passport of my son, I submitted those documents to MDEC again. But on 9th September, my employer got notice from immigration / MDEC (Am not sure who gave notice) to pay necessary fine at immigration headquarter and clear overstay matter.
So far we have been to Putrajaya immigration office at least 5 times since then (one day their system was down, one day they refused to give token, one day they asked for more proof – communication between MDEC & my employer, and one day they took the application, but refused to give special pass). Last time they took the application, but told us that now procedures have been changed and they will not give special pass. They will investigate the case in 14 days period and then they will call us. They gave reference number of the case and investigating officer details.
Now, its been more than 14 days already but no call has been received to my employer. Even I went immigration office to inquire about the case, then they said that I need to wait for the call.
Regarding overstay penalty, that officer told that between one month to six months, its RM 1,100 per person.
Can you please advise is it something normal procedure? Shall I take any other agent help? Its been approx. 2 months now since visa is expired. If my family wants to travel overseas, can they do so?  
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8 Answers

answered on Oct 20, 2017 at 14:10
by   jeff005
edited Nov 8, 2017 at 09:21
2 simple questions:
1. When your employment permit expire?
2. Why the need to travel elsewhere overseas?

If you want to use agents, be my guest. You just committing hara kiri.. why keep on break immigration laws and procedures when no agents are allow for your type of case?
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answered on Oct 20, 2017 at 15:37
by   j thaker
edited Nov 8, 2017 at 09:33
Thanks for your reply. Here are the answers:-
1. When your employment permit expire?
Expired on 20th August 2017

2. Why the need to travel elsewhere overseas?
Family needs to travel to India for some scheduled family rituals. Tentative in last week of October.

Understood your point that agents must not be approached. Point taken accordingly. But thing is, immigration officer do not respond even if they have provided some sort of acknowledgement receipt.

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answered on Oct 20, 2017 at 17:03
by   jeff005
edited Nov 8, 2017 at 11:03
Personal opinions only.
I do not work in the Immigration before.
Please excuse me if I may be harsh.

No drastic changes in the basic procedures for the past 10 years.
Acceptance of your application does not mean approval, does not mean it will be attended to immediately. Follow the queue. There are thousands of applications daily, yours is no special case.

The fault for this mess lies with:
1. You
2. Your employer

Nothing wrong with the Immigration of Malaysia.

Your case is is an Expat EP which allows family to be with you. On a professional EP, professional due diligence is expected. As such when your child dependant visa is expiring combo with expiring passport, the application should start 2 months before any application for extension or renewal of EP.

My guess is after you have paid the overstay fines, your EP would be renewed.
If in the event of not allowed, the family may faced deportation following your city of embarkation, in the first instance you came into Malaysia.

It beyond your powers to sort out the mess. Only your employer and MDEC can resolve it now.

There is nothing wrong with the Immigration of Malaysia procedures in my personal opinion. Your child's expiring passport started this chain reaction and the passport is in your care, rite? Whose fault?
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answered on Oct 20, 2017 at 18:51
by   j thaker
edited Nov 8, 2017 at 11:38
Thanks for your reply. 

Meaning of change of procedure was related to not giving special permit after their acceptance of documents. Immigration officer only told my employer that they have recently changed the procedure.

Before they used to endorsed special pass on the same day (After finger print and necessary fine payment), but now they want to do investigation based on the documents provided by my employer.

Now regarding my son's passport renewal, my employer initially confirmed that passport validity should not be less than 6 months. So all this chain reaction created. 

Anyways, to proceed further, it seems there is no other option left for me then just waiting the Immigration Department call to my employer. 

By the way, many thanks for your guidance and it wasn't harsh at all. 

Just one more question, usually in such cases of professional EP, how long does it take for final decision from the Immigration people? 
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answered on Oct 20, 2017 at 19:42
by   jeff005
edited Nov 8, 2017 at 11:41
It was just an excuse. Yours is not an individual application but multiple due to the dependant visa. Why need finger printing again when in the first instance have already been done. This is just renewal or extension, no need finger print again unless there are infringements of immigration procedures or breaking of travel laws.

Normally if all the procedures and documents is complete, your renewal or extension would be ready before expiry date. Now because of the cork up and have caused overstaying of over 2 months, I have no idea.

Your employer or whoever had advised him is too smart an Alec.
Your wife and child dependant visa will have to sync, in tandem with the validity period of your EP. The 6 months validity period is for travel period under international travel laws guidelines. Is your application for travel? Just to share with you is that my new passport after time of application has a 5 years 8 months validity period because I apply 8 months before expiry. Malaysian Immigration did not cheat me on the 8 months. Your child's passport should have at least one year and two months remaining validity before immigration would allow at least a one year dependant pass.

Logic vs No Logic.
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answered on Oct 20, 2017 at 20:10
by   j thaker
Noted very well.

Will keep posted about developments happens.

Many Thanks.
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answered on Oct 27, 2017 at 21:06
by   j thaker
edited Nov 8, 2017 at 11:44
Today we went to Putrajaya Immigration and done necessary finger prints and paid fines (For more than a month and less than 6 months overstay, its RM 1,100 per person).

Got one month special pass. Employer will proceed for necessary work permit / dependent permit approval henceforth.

Many thanks. Really appreciated.
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answered on Oct 27, 2017 at 21:14
by   jeff005
edited Nov 8, 2017 at 11:44
@ j thaker

Thank you for updating.
Glad to hear that things went well for you despite having to pay a costly fault which is not yours but that of your Employer. Hope that he is footing those bills.

Have a pleasant working experience in Malaysia.
Best Wishes.
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