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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 16, 2017 at 19:16
by   Tanavaroot
@jeff005

I have friends telling me some got their PATI approved in 6 months while some still have not got theirs for already more than one year. What possibly went wrong?

Note
For Thai workers
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answered on Nov 17, 2017 at 04:39
by   miriboy
@Mike, Condescension can be a real pain, especially when there is no way forward given.  Trouble is that the MY immigration tendency is to treat non european over stayers as illegal, many being duped by scoundrels. Further,.. sad to say...our judiciary only works really well if you know somebody.  As an Oil and Gas bod, have you not got anybody that can give you some direction? You're right get an immigration lawyer.
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answered on Nov 17, 2017 at 05:31
by   jeff005
edited Nov 17, 2017 at 05:53
by   jeff005
@ Tanavaroot

Read the recent posting by Raj S
He has got acknowledgement of PATI application stamped on his passport.
PATI is a Re-Hiring program for those ex legal workers who turned illegal.
Must have a Employment Pass on a valid passport before.
PATI conditions are direct employer making the application together with the overstayed ex legal worker.

The above link are applications register with MyEG. Not a direct application to IMM. MyEG can be a white elephant as most employers submit wrong, inadequate information esp on the service industries. When MyEG submit those applications, IMM will not approve and will sit on it, and MyEQ will also sit on it, leaving the poor employer and illegal worker in a limbo.. Hence now the various raids around Malaysia now. Ordinary shopkeepers cannot employ foreign workers, it is not as in " General Services ". The application/registration is sure to be rejected.

If your countrymen have their employer applied for them in the correct and appropriate service industry, and the employer went direct to IMM with the illegal worker, there would be a reference number given and stamped on the passport. That is an indication of valid application. These applications would be attended to according to the queue. That could explain why some of your countrymen got earlier than others. Those who have PATI reference number, only the employer can go direct to IMM where the application is made to check. As far as I am aware, there is no link to check for the Re-Hiring Program. Making an application thru MyEG does not mean it is a valid application, does not mean it will be approved. It is just merely a "Registration" for further follow up documentation. It is useful for those areas which do not have IMM centre. The employer and foreign worker still have to go to IMM for the 10 finger biometric printing. Note that the Re-Hiring program ends 31/12/2017. If for those whose passport were not stamp with PATI application reference number, quite likely no valid application in the first place.
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