Advertisement

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

7387 Views  ⚫  Asked 9 Months Ago
asked on Feb 17, 2019 at 22:54
by  
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
8 had this question
Me Too
5 favorites
Favorite
[ share ]
145 Answers
« Previous   3   4   5   6   7   8   9   10   11   12   Next »  Last »

answered on May 8, 2019 at 19:51
by  
edited Jun 21, 2019 at 00:18
 
I am a working expat in Malaysia, on a 2 year work permit. My partner and child came on a 3 month tourist VISA in Malaysia and there was a delay in attaining their dependant passes. As a result, we have only recently discovered that they have overstayed by 2 months in the country.

My child attends kindergarten in Malaysia. What would the consequences be in this case?  Would my partner face any compounding or prison time? What documents does he need to prepare in order to "surrender"? Will he be mistreated if travelling with a minor? And is there a preference for which country's passport you hold as a foreigner?

I would still be staying in the country because of my work permit. Does my work permit offer any leniency for their surrender?

Please could you supply any information that would be helpful.
0 found this helpful
Helpful

answered on May 9, 2019 at 01:22
by  
edited May 9, 2019 at 01:58
by   jeff005
@Bumble

Which country did your partner came from that gives him a 3 month visit pass?

With your Expat EP remuneration, you could have already engaged an IMI Lawyer for legal advises. You came here for second opinion? What did your lawyer advised you?

Read again the passport stamp and/or sticker, in your partner's passport (and your child).
Did it states 3 months VISA. 
or 
3 months VISIT PASS?

There is no reason that a Dependant Pass  can be delayed for 5 months.
Normal processing period is 1 month.

The basic answer to your Qs is as follows :-

My child attends kindergarten in Malaysia. What would the consequences?
No serious consequences if in Private Kindergarden. How old is the child?

Would my partner face any compounding or prison time?
If he makes a  Voluntary Surrender  to MY IMI, there is no prison time and/or whipping, but there will be a compound fine and a BAN from entering Malaysia for a fixed period of time.

Read this IMI Chart Carefully. The docs required is clearly stated inside.



Will he be mistreated if travelling with a minor? 
No such issue of any "mistreatment" under Malaysian Travel and IMI Laws.
But if he is not a legal Guardian or biological father, there can be issues unless the child is old enough to state  "this is my father"..!!

is there a preference for which country's passport you hold as a foreigner? 
Legally NO...  But  unofficially, slight possibility (Do not Quote me)

Does my work permit offer any leniency for their surrender? 
My personal comment is  YES..
The child need not surrender...  **caveat

(Caveat : The above article is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice.)
1 found this helpful
Helpful

answered on May 9, 2019 at 01:27
by  
edited May 9, 2019 at 02:04
by   jeff005
@Bumble 

Read this "old" thread for other types of overstayed issues.

https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=115#tab-top

There are many other Qs left unanswered..
1.  You did not declare whether it is your "husband", just partner...
2.  If your child entered Malaysia together with you or with your partner or as a whole family.. (either one of you two, the entry stamp date in the passport, must be same with the child's)
3.  Age of the child..
4.  If the partner is not the biological father, he may NOT  be able to bring this child out unless there are validations from you, yours, his or the child's  Country Embassy. This is under Malaysian Anti-Child Trafficking Laws. Case to case basis, country to country's basis.
0 found this helpful
Helpful

answered on May 12, 2019 at 21:29
by  
Hi Jeff,

I would like to get your advice on overstayed issue. So I knew this lady who has overstay issue for 2 years 3 months now (her pass expired in april 2017) however, her pass was not a worker pass it was a spouse visa since her ex husband is Malaysian and her son who is now 10yo currently staying in Sarawak with the ex husband. Since she divorced with the husband, she always thought that her husband will still renew the visa as per told by the husband until her husband relative return her passport without any pass in it. She really wanted to go back to Indonesia and if possible later on to apply for a specific pass that allow her to visit her son in Sarawak (not sure under what pass i didn't ask much question). She got all the birth cert of her son, the divorce papers etc. The question is: what should she do first? should I advise her to just visit Putrajaya Immigration and tell officer her issue? or does she need to settle it with Sarawak immigration? Your kind advice on this is highly appreciated Jeff. Thanks
0 found this helpful
Helpful

answered on May 13, 2019 at 02:05
by  
@ Jessica0808

Qs
1.  Where is this lady now?
2.  The Divorce - who is having the custody of the son, Shared or Sole Custody?
3.  The son - Have this boy applied for Passport / Malaysian Citizenship?
4.  Does the father allow the mother to visit or have access to the son?

It is not advisable to go to IMI HQ Putrajaya. For sure she would be BAN from coming into Malaysia for the next 5 years.

Request to you. You must be logged into your 0808 profile in order to perform this function.

2 found this helpful
Helpful

answered on May 13, 2019 at 08:19
by  
Hi Jeff,

1. She is in KL now 
2. If I read it correctly from her divorce paper its sole custody with access to the mother
3. The boy is Malaysian and yes they registered legally everything when they are still married
4. The husband only contact her when her son is missing her and keep asking her when is she going to visit the son but refuse to help her 

Anyway, can I email you all papers that she has like passport, birth cert, divorce papers esp as some words I dont really understand. Can I get your email address pls? If not surrender herself at Putrajay immi what she should do then?
0 found this helpful
Helpful

answered on May 13, 2019 at 09:19
by  
@Jessica0808 

Email to  < bladirunner@gmail.com >

If not surrender herself at Putrajay immi what she should do then?
I may need her to go to court to seek redress from the 5 years BAN.
Can she afford the fees? <4k-5k>
Much less if an  NGO is willing to help her in Court.
Still I need to study the custody clause in the divorce papers.
No promises, but personally, I think I can propose a workable solution for her.

A Child should not be deprived to the access of the other parent.
1 found this helpful
Helpful

answered on May 13, 2019 at 09:44
by  
Hi Jeff,

Thanks for your prompt reply. I will send you the email once I receive all her docs. 

I do know that she has some saving but not sure if its much (will ask her on this). She currently work as part time cleaner/baby sitter if anyone ask her to. since all docs are in english she doesn't understand much and when the husband divorce her she just accept all terms and conditions in her divorce paper. I feel pity for her and hope that can help her somehow. 
0 found this helpful
Helpful

answered on May 14, 2019 at 08:54
by  
Hi Jeff,

I have email you all docs she has. Ive sent 2 separate emails as the doc size is too big. Thanks.
0 found this helpful
Helpful

answered on May 14, 2019 at 10:35
by  
@Jessica0808  

I have just accessed and received all the 11 docs.

You should have good knowledge of legal matters. Only one out of 10 Queries in this website would send to me all the actual docs.

Thank you for your Trust and Confidence in me.

esp as some words I dont really understand. 
What is that you do not understand or have concerns?
Everything is in English and straight forward. There is no cheating by the lawyer.

What does this mother wants now?
She wants custody of this child (very remote chance)?
She want more access to this child?
You need to know her real feelings before you can advise her properly.
There is no way she can go back to Sarawak now. She is an illegal.
But she can go back to Indonesia Safely by the Voluntary Surrender to Putrajaya.

This discussion will be geared towards her Divorce. Although it no longer concerns the overstayed issue, this topic reflects many Marriages in Sabah and Sarawak that is giving so much IMI issues nowadays.
1 found this helpful
Helpful


« Previous   3   4   5   6   7   8   9   10   11   12   Next »  Last »

You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.