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What is the penalty for overstaying in Malaysia for 8 months?

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asked on Apr 21, 2018 at 16:40
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edited on Apr 30, 2018 at 13:26
 
I would like to know the penalty for overstaying in Malaysia for 8 months for my Nigerian friend. The penalties and the proper procedure that are necessary to resolve the whole case.
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answered on Apr 21, 2018 at 22:27
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edited Apr 30, 2018 at 13:35
 
Fine not less than RM10k or imprisonment or both. Section 15 of the Immigration Act.
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answered on Apr 22, 2018 at 00:55
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edited Apr 30, 2018 at 13:46
 
@ Sarmi

Just go to the Nigerian Embassy to get the latest info. There is a 3+1 Surrender ongoing now, expiring 30 June 2018.

1.  Go to the embassy, they will prepare the repatriation documents.
2.  With the documents, the embassy will arrange your surrender to the Immigration Malaysia at Putrajaya.
3.  Without documents from your embassy, there can be a fine of RM10,000 (max), jail term or both, whipping (for man) plus a ban to enter Malaysia for 5 years.
4.  The penalty is less then RM1k.
5.  Using the surrender, there is no jail term, but a ban of 5 years is there.

Read here:

https://www.lawyerment.com/answers/questions/12081/immigration-malaysia-blacklisting-ntl-ban-period-appeals-for-inbound-visitors-to?g=2
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answered on Apr 22, 2018 at 05:40
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edited Apr 30, 2018 at 13:48
 
I am from Tunisia. I came to Malaysia in 2016 with visa free 90 days entry. I overstayed for a long time but I do not have any excuse other than I like this county. Other than my overstay I am a law abiding person.

This website is very helpful and you are very helpful jeff005. How do you know so much about immigration?

If I surrender before 30 June 2018 it means I get immunity? Only pay RM1k and no jail? If this is true I really want to do it. I want to go back but I am not ready to go to jail, I have people that depend on me unfortunately. What does 3+1 mean, I do not understand. What do the numbers mean?

Can you help me Jeff005 or someone who knows how this works? 
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answered on Apr 23, 2018 at 00:03
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edited Apr 30, 2018 at 13:53
 
@ Anwar

You are a very smart person. Asking so many smart questions where no one on this forum have ever asked and you have given me almost full information even without me having to ask.

I would not say it is a blanket immunity and may subject to other issues that may appear on the pages of your passport like fake stamp or faked special passes which I do not think would happen to you given your mentality. The RM1k is agent fees plus penalties, paid to the agents approved by the Immigration Department. I have posted a list out a few weeks ago in another thread. It varies from country to country and depends on diplomacy with your country, bearing in mind that our Malaysian passports can have visa entry to 172 countries which includes communist countries.

It is best you approach your country's embassy to get information. Sad to say, some embassies are not aware of this 3+1 Voluntary Surrender that started 1 and a half years ago. It actually ended 31 December 2017, but now extended with some restrictions.

The basic procedures is the same for ALL following international travel laws and procedures / standards. Go for this amnesty before our immigration changes their flicker minds again.

For this surrender, the immigration penalty is RM300, RM100 for the exit pass. They will award your honesty to be repatriated with a ban of 5 years for re-entry to Malaysia. The balance is for the agent processing fees and it may vary from country to country.
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answered on Apr 23, 2018 at 00:26
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edited Apr 30, 2018 at 13:57
 
@ Anwar

To reply your question on how I know a little bit of immigration, the answer is simple. By asking questions and getting replies. Even for you, if you start reading posts from me starting 18 months ago, under this immigration section, you will know how immigration works. The rest is common sense and reading a lot in Google and studying the immigration issues of various countries.

Your next question will be why I am sharing out with ALL for free?
Answer:
1.  I owe this Lawyerment Platform. I learned a 100x more from just immigration issues only. It is my way of giving back to Lawyerment / Society. Also to generate good karma to battle with the devil in my after life.

2.  I have Lawsuit before. Senior forumers from the Group "The Avengers Malaysia" have given me free advice without rewards, without them I would have lost badly. I WON...   It is not about money. Their motto is to give free advice to those in need. I am repaying these, those good people in kind.
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answered on Apr 23, 2018 at 00:37
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edited Apr 30, 2018 at 14:01
 
@ Anwar

The 3+1 does have a meaning. You do not need to know. To understand fully, you need to read backwards till 2012 and then you will know only even just 40% of what is it.

It started with:
Biometrics
6P
Amnesty
3P
3+1 
Facial Recognition.

Confusing isn't it. Just forget it and follow current offer.

Good luck to you.
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answered on Apr 23, 2018 at 00:55
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edited Apr 30, 2018 at 14:03
 
@ Anwar

If you have read @ Matilda and @ Malinee case and is still confused? Here is my answer.

There are actually two types of charges / penalties.

1. Immigration Penalties which are provided for by the Immigration Bylaws which do not need the permission from the court, i.e. a Court Perintah (Order / Judgement).

2.  If an overstayer is bought to a Immigration Court with a combination of other immigration infringements, there are Court Penalties. Then the Immigration will add in their overstay penalties on top of the Court Penalties. Hahaha...  For overstaying, the Immigration can charge direct. It is standard.
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answered on Dec 20, 2018 at 09:57
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edited Dec 22, 2018 at 04:22
 
@Anwar

Any updates. Have you surrendered and have gone home? Did the immigration detain you?
Thank you in advance.
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answered on Jan 31, 2019 at 17:50
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edited Mar 2, 2019 at 01:27
 
My visit visa expires 2 February 2019 and my flight is next day meaning 3 February 2019. Mean one day I overstayed. So how much do I have to pay a fine at the airport?
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