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Malaysian foreign spouse overstay in Malaysia and cheated by agent

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asked on Jan 15, 2019 at 17:06
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edited on Jan 27, 2019 at 23:09
 
@jeff005,

I am a Malaysian and my husband is Indian nationality. We married in May 2018 and registered at Jabatan Pendaftaran Negara (JPN). He came in with a tourist visa for 1 month. His entry was valid until 24 June 2018. But he didn't go out or exit Malaysia. Instead he applied for spouse visa via an agent. The agent advised that my husband no need to go back India and could get him spouse visa in 3 weeks time. We paid the agent more than RM7k but until now he still keep delaying and keep giving 1000 of reasons.

We finally realized that we were being fooled by him. Now our problem is passport is with the agent. He is swearing that my husband's passport is with the immigration and they are processing our application.

He asked us to wait. But its 7 months overstay now. I am worried my husband will be caught by immigration and sent back to India. I also worrying if he can't enter back Malaysia for few years. I read in the Malaysia Immigration website that fine will up to RM10k and imprison also.

Your view is much appreciated.
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8 Answers

answered on Jan 15, 2019 at 17:31
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edited Jan 27, 2019 at 23:15
 
@pnc1446,

1. Who is the faked agent, a Malaysian or an India Fake agent?

2. No Agents allowed for Long Term social Visit Pass (LTSVP) application. Only the local spouse (as sponsor) and foreigner spouse.

3. The best solution is to recover the stolen passport, the surrender to the Malaysia Immigration.

4. With solid proof of being cheated by agent, the Immigration may reduce the ban period of 5 years.

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answered on Jan 16, 2019 at 16:47
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edited Jan 27, 2019 at 23:32
 
@jeff005

Thank you for your fast response..

He is Malaysian. We only have his name and phone number and Whatsapp chat. All payments made by cash. Will a police report help as solid proof or evidence?

Passport with him, the agent! Numerous times we asked him but he kept on saying its with the Immigration. We stuck in the situation for almost 7 months now. We are scared to approach police as we are worried about my husband overstay issue.

Can we report as passport loss and apply new one? Will this help?
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answered on Jan 17, 2019 at 15:05
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edited Jan 27, 2019 at 23:33
 
Can we report as passport loss and apply new one? Will this help?
This would just create another set of issues which warrants an immediate 5 years ban.

Go to his country's Embassy in Malaysia to seek help.
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answered on Jun 20, 2019 at 17:38
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edited Jun 25, 2019 at 23:36
 
@Jeff,

We finally managed to retrieve my husband's passport from the agent after almost 1 year. But the agent created more problem for us. When the agent handed the passport to us through his friend yesterday only we come to know that the agent somehow made some exit stamps on the passport, from Malaysia last August and entry back into Malaysia on 26 April 2019 on a 14 days visa. I have no idea how he made it without my husband actually going out and in.

Now, my worry is, is it fake stamp or original?

Some suggest go to immigration directly pay compound and can go back but I worry whether the stamps are original or fake. And I worry about banned from entry also. Please advise. We feel that our life in terrible danger.



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answered on Jun 20, 2019 at 19:17
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edited Jun 25, 2019 at 23:41
 
@jeff005 

Technically he overstayed again from 11 May 2019. We want to apply spouse visa but he is stuck with this overstay now. Appreciate your kind advice.
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answered on Jun 20, 2019 at 19:43
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edited Jun 25, 2019 at 23:53
 
@pnc1448

we feel that our life in terrible danger 
Your lives are not in danger. Only fines and banned for 5 years.
It is not only overstay but have 3 fakes stamps.

Read here and understand well.



I have advised you to seek the advice from his Embassy. What did they say?

Go and seek help from Embassy, then come back here.

This fraud problem goes beyond the scope of this Forum and my any answers and mode of resolving it will only help other scammers and faked agents.

(Caveat : The above article is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Jun 26, 2019 at 22:28
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edited Jul 8, 2019 at 01:52
 
@jeff005

Yesterday, we went to the Indian Embassy. I have to admit that the service at the Indian Embassy is one of the worst I have ever received. I knew it since last year when I try to do my civil marriage here in Jabatan Pendaftaran Negara (JPN) Malaysia. I have to go so many times to embassy to get 1 letter from them. At the reception it self you will get 'first class' welcome as we first need to tell them our problem in order for them to give us a queue number. 

Anyway, yesterday we went and they said (at front counter) they couldn't do anything as this would be under the Malaysian government. We have to make police report or surrender to the Malaysian authority. We requested to meet the officer inside but was not allowed. We gave up. She didn't even want to talk to us and asked us make a police report only.  

Now for your info, I have checked via the immigration contact from friend that this stamps are really fake and not in his record!! 

I went to the Immigration myself to ask about overstay without mentioning the fake stamps. They scolded me for trusting agent and finally told me since he is married to Malaysian, he can get out of Malaysia by paying compound without being banned. Compound below 6 month overstayed is RM1200 (I didn't tell her I overstayed 1 year plus as at that time I didn't know yet the stamps were really fake)

Okay, now I understand that document tampering is a crime which is more serious than overstaying. So his passport is not safe for him anymore. I was thinking why shouldn't we make police report pretending that he lost his passport. Why is that (passport loss report) will create more problems? Why police report is not good idea? 

Because in his case, his passport has fake stamps which is a serious crime.

Appreciate your advice please. Thank you.
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answered on Jun 27, 2019 at 01:01
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edited Jul 8, 2019 at 02:03
 
@pnc1448

Basic answers to your queries:

1.  Your passport is useless and is a danger to yourself if exposed.
2.  You have to make a "Loss of Passport" police report.
3.  With the police report, only your Embassy will issue you a temporary exit document to be used for the surrender to Malaysia Immigration. (not passport replacement).
4.  With the exit document from the India Embassy, Malaysia Immigration will issue you a "special pass" to exit Malaysia @Airports Immigration after payment of overstayed fines, compound fines and ban re-entry into Malaysia. If the immigration officer tells you no ban, no ban la.. But I say... sure banned..!!

Read here for further knowledge and info:-

https://www.lawyerment.com/answers/questions/12081/immigration-malaysia-blacklisting-ntl-ban-period-appeals-for-inbound-visitors-to?g=23#tab-top

https://www.lawyerment.com/answers/questions/13181/what-to-do-if-you-overstayed-in-malaysia-updated-with-policies-wef-01-01-2019?g=12#tab-top

It is no surprise that your Embassy behaves that way. Not only India, many many other nationals of migrants exporting countries treat their citizens the same manner. Too many fake loss of passports were made. We are not talking about 100, 1,000, 100,000 passports "lost" for the past 2 years.

Even if you have not stated that the stamps can be faked, I already know the stamps can be faked. An Indian national needs a "VISA" to enter Malaysia. Where is the VISA sticker issued by Malaysian Embassy? Any VISA number or reference number noted in entry stamp? The handwritings in the stamps are also non-Malaysian standard.

Sample of SEV sticker (for illustration purpose only)



Sample of standard handwriting by Malaysia Immigration officers (more clear as taught in MY schools)



More documents are needed to assess the real depth of this case.

You can make an appeal to bring him back after he has left Malaysia as his Malaysian spouse. There is a lot of work. 

As I have spoken, this fraud case is beyond the scope of this forum. You can secure the services of a competent immigration lawyer to try to bring him back.

Thus, your queries have been answered. For further questions, you can email me. Do note that I do charge for personalized replies/services.

(Caveat : The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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