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5 Year Overstay Ban

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asked on Nov 15, 2017 at 14:45
by   MikeD
Hi I am an English Expat holding MM2H Retirement Status in Malaysia. My wife is from Vietnam and before we were married (July 2017) she had been advised to apply for a PATI Visa to enable her to work in Malaysia. Prior to this application she was on a social visit pass and had not worked or overstayed.She was advised by the Visa Agent to remain in Malaysia to await here PATI application, this she did for 15 months until her mother was taken ill so she asked to be released from the Visa application to return home. She was given a release letter from Immigration at Danga Bay, Johor, and immediately left for Vietnam via KLIA on 30th June 2017. Immigration at KLIA stamped her passport No retrun for 5 years. We have appealed by letter to Putrajaya, what are our chances of success please?
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answered on Nov 15, 2017 at 19:13
by   jeff005
Q..

How could you two have married in July 2017 in Malaysia when she is already an illegal immigrant?

She has been cheated by agents. PATI applications is for those who had been legal workers and have held valid employment pass before but did not renew and turned illegals. 6P was an amnesty to register illegal workers which has expired in 2014.
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answered on Nov 15, 2017 at 19:21
by   MikeD
Yes we both realize that we were amongst the many in Malaysia duped by unscrupulous registered agents as this guy was. We were married in Singapore where I hold a current work permit and residents pass and my wife is holding a dependent pass. I am retiring at the end of November 2017 however, and we wish to retire to our home in Nusajaya under my MM2H pass. I would point out that she was never an illegal immigrant coming in and out of Malaysia many times always observing the social visit pass regulations. It's just that she was ill advised by a friend to apply for PATI, unfortunately she did not share this info with me when I met her, thus could not advise here against it. 
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answered on Nov 15, 2017 at 19:24
by   MikeD
She has never worked in Malaysia either legally or illegally but it is the failed PATI application that is causing the grief!!
However I am legally retiring in Malaysia and I of course want to have my wife with me, but, just how to achieve this. What are the chances of my appeal being successful, or should I hire an immigration lawyer?
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answered on Nov 15, 2017 at 19:27
by   MikeD
In consideration that she was cheated by the agent then should immigration not approve the appeal?
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answered on Nov 15, 2017 at 19:50
by   jeff005
1.. She has been an illegal immigrant or have  long overstayed, if not, she would not have been given a 5 year BAN.

2.. she did for 15 months
I cannot figure out how could she been shuttling to and fro across the causeway and getting married in S'pore in July 2017 without getting NTL from JB immigration. Perhaps you may enlighten me.

3. And on IMI records. When her overstayed started and for how long?

Without knowing the sequence of events, how to make a successful appeal?

There are allowances available under the MM2H. Have to establish when she has broken Malaysian IMI travel laws. Are you on British Pension scheme?
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answered on Nov 15, 2017 at 19:57
by   jeff005
edited Nov 15, 2017 at 20:50
by   jeff005
Was there a PATI application recorded on IMI data base sys? It was not the PATI issue. You have been told lies again.

If she did not overstayed, why need to go to IMMIGRATION at banga bay? Just buy a ticket and fly back to VN.

If go there to cancel the PATI application and it is discovered it is not a valid or no application at all, there are no issues at all. Just leave Malaysia before the 30 days Social Visit Pass expire. Or she just go back to S'pore since she has Dependant Pass, what was the issue? Why was the 5 Year BAN imposed?

99% of all illegal workers and overstayed claims cheated by agent. Show documentary proof of the agent deceit, yet the IMI will still imposed the BAN.

What is the diff between a bogus agent and a lawyer who claims that you can make a successful appeal?

Both are out for your money's....!!!
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answered on Nov 16, 2017 at 12:06
by   MikeD
OK I'll try and clarify one by one!
There was a PATI application I have verified on the database
She was advised to go to Danga Bay immigration (nearest office) to cancel her PATI application get a letter clearing her to leave. This was directed by her agent.
She had travelled in and out before the 15 month stay (awaiting PATI) as a free travelling tourist, I don't understand why you feel this is not possible?
She had no problem entering Singapore via causeway as she had (and still has) a valid Singapore DP.
We do know the sequence of events, of course, I'm not a dummy and you are being quite condescending my friend!
For clarity I'm a 62 year old Oil & Gas professional and my wife is a 38 year old lady not some bimbo!
I have lived in Malaysia for 28 years
I am not claiming the agent cheated us I am stating fact!
My next step will be to waste no more time and employ a qualified immigration lawyer.
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answered on Nov 16, 2017 at 15:45
by   Tanavaroot
@MikeD

Dear Sir,

I have a relative working in Masai Johore Balu. He is from Chantaburi Thailand. His agent have applied for the PATI. Please can you post the link for PATI database so that I can check the status of the PATI application? He has applied via a Thai based agent 10 months ago.

Thank you in advance for your help.
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answered on Nov 16, 2017 at 17:26
by   MikeD
https://app11.myeg.com.my/FWReg/Verify_Pati_status.jsp
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answered on Nov 16, 2017 at 19:12
by   Tanavaroot
@ MikeD

Thank you very much sir..
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