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What to do if you overstayed in Malaysia? - Updated with Policies wef 01.01.2019

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asked on Feb 17, 2019 at 22:54
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edited on Mar 27, 2019 at 14:37
 
Attention to those who have overstayed in Malaysia
Surrender to the Immigration is the ONLY Solution:

For the surrender to Malaysia Immigration,
1. Bring the original passport that you have used to enter into Malaysia. 
2. Bring Police Report for "Lost Passport", then go to your country's Embassy/ Consular Services to obtain an ETC (Emergency Travel Certificate), some countries issue emergency travel passport, some countries issue "out-pass".
3. Any Proof or valid reasons to overstayed in Malaysia.
4. Do not buy in advance air ticket till you are sure of the validity date of the exit "Special Pass" issued to you by the Malaysia Immigration at a cost of RM100 only, after the payment of compound penalties (fines).



 
Please take note that this thread has been created as part 2 to continue from the old thread of https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=last#a46885  part of the reason, to be more friendly towards users with mobile devices.

Although some old policies have been changed, it would be wise to read back those cases which could be similar to yours. Then people will understand the process on how the 6P, 3P, Rehiring, Amnesty and the (3+1) Surrender came about.

Re-Hiring of Illegals  is over 30/06/2018
The Surrender (3+1) is over on 30/06/2018
The Amnesty is over 30/08/2018.

All those remaining inside Malaysia without valid documents now are regarded as having overstayed and by administrative legal definition known as ILLEGALS.

Viewers can asked questions in this new thread or at the old thread at:
https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=103#tab-top
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answered on Apr 15, 2019 at 16:53
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edited Apr 16, 2019 at 14:35
 
Sorry, I actually posted a question and realised it's not a new title so I posted the question on the main page. Sorry for the inconvenience.
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answered on Apr 15, 2019 at 17:57
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edited Apr 15, 2019 at 19:22
by   jeff005
@yet0906

You do a repost here.
This is the correct thread to ask if you want comments from me.

I will answer the overstayed issues and laws of birth for foreign mothers without a marriage certificate.

What race are you? And religion of your friend.
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answered on Apr 15, 2019 at 19:20
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@yet0906

I do not think the child hav gotten a birth certificate but rather a birth memo.

Please email me a clear copy of those birth docs (front and back).

Email on P&C and on trust basis to 

<  bladirunner@gmail.com  >

Under unique situation and conditions, a Muslim Father can block this Muslim Child from leaving Malaysia.
But not the mother.
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answered on Apr 15, 2019 at 21:48
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edited Apr 29, 2019 at 21:46
 
This is the original posting of the questions and I will email you the birth certificate now. I am a Chinese but I am not involved in this complex relationship in anyway... but she is a Muslim.

First of all thank you for setting this website up as I can see it is doing alot of good for people who can't afford lawyers.

I have a type of complex personal case so please bear with me. 
  
My friend from Kazakhstan entered Malaysia legally in March 2018. She was one month pregnant (which she didn't know at the time and the boyfriend is a Muslim Malaysian). She went back to Kazakhstan in May and went to Hong kong and Macau before arriving back in Malaysia using Special Pass in July.

She lost her passport in September and got her temporary passport one month later which is in October. She was 8 months pregnant and thus couldn't fly back to Kazakhstan. She gave birth to her daughter in January 2019 who has a birth certificate only naming her as mother but left the father's name column blank since she has broken up with her Muslim ex-boyfriend. She went back to the embassy in January to get her second temporary passport which will expire in June.

Right now she is ready to go back to Kazakhstan since the baby of 3 months is fit to fly. Now she has overstayed roughly one year. 

On a side note now the ex-boyfriend wants the child but she doesn't want him to get the baby. Is there a chance for him to claim the custody of the child even if he isn't named as the father on the birth certificate. Will this affect the chances of them going out safely?

Documents that she has at the moment:
1) 2nd Temporary passport 
2) Birth certificate
3) Temporary pass for the baby to leave Malaysia 
4) Image of the original passport 
5) Police report of the lost passport is with the embassy when she applied for the temporary passport 

PS: She doesn't have any recollection of the exact date or receipt due to the purchase of air plane tickets are from travel agents.  
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answered on Apr 15, 2019 at 21:50
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ermmm what does this mean

Email on P&C and on trust basis
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answered on Apr 15, 2019 at 23:57
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It simply means that the details inside the birth memo will never be given to another party.

You have to trust me enough to give private and confidential personal details of this child.

However, you can delete or cover up the name of the child and the mother including her passport number. I only need what is stated by the regulating authority.
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answered on Apr 17, 2019 at 14:30
by  
@jeff005

 I am working as IT professional in Malaysia from 6 years, I have just change my employer. My new employer is a MSC status company and they have to process my EP through MDec. My new employer have already received EP approval letter from MDec on 18 March 2019 but they went to MDec for EP endorsement on 4 April 2019 but last EP expires on 24 March 2019 and then MDec ask them to go Putrajay and apply for Special Pass for Overstay Clearence of 15 days.

My employer and I went to Putrajaya on 10 April 2019 and have applied for Special Pass already. We have attached MDec memo with the special pass application. Immigration Officer ask to wait 14 days then they will call my employer.

I am just worried, is it normal 14 days processing time for Special Pass? and can they reject the special pass application and ask me to leave the country, even though my new EP is already approved by MDec. Please reply.
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answered on Apr 17, 2019 at 17:29
by  
edited Apr 17, 2019 at 17:36
by   jeff005
@Dilnawaz

I do not know what special pass you have applied for?

1.  Exit Special Pass which you have to exit Malaysia  within 14 days from date of the SP.
Or

2.  Extension (14days) Special Pass to complete MDEC application without leaving Malaysia.

Overstay is overstay
Approval from MDEC does not mean you can break IMI Laws.
Based on IMI Laws, MY IMI can even cancel your MDEC approval.

MDEC is just a vetting goven agency.
IMI is a Law Enforcement Agency.
Who's biceps is bigger?

You should have gone to IMI on 04/04 straight away. Why the delay? Now problems rite??
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answered on May 6, 2019 at 00:20
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Hi good day to you sir, I'm pleased by the way that you speak to foreigners. Actually the reason for my post is I had a student visa which expired last year September 2018, I've completed my diploma but the reason for my overstay was my certificates from the college, which came out after 1month from my visa expiry date,I tried to stay legal, by doing a processing of DP10 PROFESSIONAL VISA, I have also got the documents of my half done payment,but until now I haven't received any kind of visa I contacted with the company they're now saying it's been halted/freezed as a matter of fact currently I'm trying to leave Malaysia and I'm seeking suggestions from you regarding this matter.I also wanna know after paying all the penalties /compounds will I be interrogated/put in detention? Or I can leave this country(Malaysia) without any hasslements? 
Notes: My previous passport is with an agent and I don't know whether the agent still have it or not, as a matter of fact I made a new passport and I submitted my scan copies of my passport including all the visa stickers to the new company for the DP10 visa. I do have scan copies of all my visa stickers and currently holding a blank new passport. 
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answered on May 6, 2019 at 00:35
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edited May 6, 2019 at 00:45
by   jeff005
@Azhar Syed

I also wanna know after paying all the penalties /compounds will I be interrogated/put in detention?
1.  You will be asked to explain in your own words on why you have overstayed in a letter directed to MY IMI.

2.  You will be asked to fill up a 3  page Statement Form  on various Qs on why you have overstayed.

3.  You will  NOT  be interrogated nor be detained by MY IMI and you may leave without serious repercussions.

It is wise of you to exit asap as any  Student Pass cannot be converted into any other pass.  There is no freeze on any DP-10.  Diploma holders do not Qualify for DP-10 and the employer may not Qualify to employ Foreign Workers. This can the actual reasons for the rejection.

Can you post a clear copy of your last Student Pass here for better clarifications.
You may need to darken your name and passport number if you wish.
Which country are you from?



Read number 3 inside the chart. This chart is accurate currently.
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