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

6544 Views  ⚫  Asked 8 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
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answered on May 14, 2019 at 11:04
by  
@jeff005

I trust you Jeff. After reading all pages, I know that you are a sincere and just wanted to help people with their issues. 

All she wants right now is just to go back to Indonesia safely. She is aware of the BAN, and she ask if there’s a possibility of reducing years of BAN? She’s hoping that she will be able to see her son after years of the BAN period. 

She told me IMI asked her to apply pass for divorcee but she didnt do it bcos she could not find a sponsor at that time. 

So.. if I advise her to go to IMI Putrajaya, there wont be Jail time right? She would need to bring

1. Passport (current and old passports during her stay in Malaysia?)
2. All docs
3. Letter of overstay reason
4. Get ready to pay fines

Is there anything else?
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answered on May 14, 2019 at 12:51
by  
edited May 14, 2019 at 13:01
by   jeff005
@Jessica0808

if there’s a possibility of reducing years of BAN?
The answer is a beeg beeg YES..
But the standard Ban from Putrajaya is 5 years.
After she has gone back to Indon, she can make an appeal  via Malaysian Embassy and MY IMI HQ to reduce the ban to 2-3 years base on the following grounds
1.  She has a Malaysian child
2.  There are elements of mis-justice in her divorce
3.  Under Child Laws, the child reserves the right to see his mother (but if the father refuses to bring the child to see the mother, she has to go to the father's place to visit the child). In any case, the Divorce have allowed "access" clause.

The Voluntary Surrender to MY IMI Putrajaya
1.  Old and new Passports with copies to submit to Officer
2.  Letter of why she overstay (the divorce papers plus personal reasons)
3.  Overstay Fines of around RM2,000 [ Can be compounded to a max of RM3,000 (by virtue by section 54 of the Immigration Act 1959/63 (Act 155) ].. So prepare around RM3,100 plus own air ticket home.

The Divorce
This is a Single Petition Divorce initiated by the husband on Grounds of Abandonment  (2 years). The papers are prepared by the Free Legal Services Bureau Lawyer, so there can be no any fraud attached therein /therewith.

There is also a clause stated at  (d) Liberty to apply for variation of order if the circumstances arises.  This means that she did not attend any divorce proceedings or have signed any papers blindly. Can simply means she just simply disappeared at that point of time..!!

And they have both gone thru the mandatory "conciliatory body" (Marriage Bureau) of which the husband have initiated.

Without a sponsor, she have lost the opportunity to remain in Sarawak to have access to her son. And having overstay have made her an illegal. Her last exit from Sarawak is 22Feb2017. There is a IMI stamp on 22Dec2016 which means the passport is all the while with her..!! Well before the expiry of the LTSVP - how to apply for an extension if she is already in Kuala Lumpur and her passport is with her..!! The poor ex husband have been wrongly accused of "not" renewing her LTSVP and he can  NO  longer be her sponsor as they have already divorced..!!

There is actually a backdoor legal way she can remain in Malaysia, but she lost the opportunity when she could not find a sponsor.
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answered on May 14, 2019 at 13:03
by  
@Jessica0808 

How to APPEAL  to MY IMI for any Blacklisting, read here :-

https://www.lawyerment.com/answers/questions/12081/immigration-malaysia-blacklisting-ntl-ban-period-appeals-for-inbound-visitors-to?g=18#tab-top
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answered on May 14, 2019 at 15:01
by  
@jeff005

hey Jeff, I am a student from china and because some personal reason, i overstay in Malaysia over 2 years. now i prepare to surrender to immigration. but there some question i want to know. i check information from internet, i m not sure it's true or not. 

1.how much do i need to pay for fine?

2.after surrender i got a special pass for 1 month?

3.i won't go jail because surrender?(i check your repay from this subject)
and this is your answer.
I will be imprisoned due to the overstay. 
You could be jailed if caught in IMI raids. 
There is no jail term if you surrender voluntary to immigration. 
Do not listen to fake news. 

and what should i prepare for surrender. 

thank you
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answered on May 16, 2019 at 22:52
by  
Notice to all who wants  Personalized Service..

Please take note that I do not respond to personal messages from this website (unless instructed to). I have really too many emails and FB msgs for the past few days.

I have direct all the Queries for Immigration issues for solutions to this Legal Website for Discussion Purposes for the Benefit of ALL  readers.  And it is FREE Advises and Solutions.

For many, they requested for one to one consultation and wants exact solution to their IMI issues. Many in KL areas also ask to meet me up.  I do charge  for Personal Consultation  and to meet up. Many also request to write the  "Reason for Overstay" letter for them. You just write it and post it here in this website and I will correct any issues... foc

My charges is RM20 - RM120 (includes meeting face to face) per Query depending on the severity of the IMI Infringements and checking of documentations work to do.

Post your here and I will answer it  F.O.C.
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answered on May 16, 2019 at 23:26
by  
edited May 17, 2019 at 00:20
by   jeff005
@Jessica0808 

Redirected from your email to me so that this is a record of this type of issues which some people faced.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Hi Jeff,

I hope you are well. I have advised the lady to voluntary surrender to IMI and she told me that she heard from our church friends that if any illegal immigrants will be jailed no matter what. It got her scared to move  further. 

I have told her to trust you as you have helped other illegal immigrants as well and her case is different as she is not here on work permit/no passport whatsoever. The longer she will wait the higher the fine she should pay. 

I did ask her on the divorce abandonment ground of reason and she said all is lies. She never abandon anyone and they even accuse her that she will do harm to the ex-husband family all of sudden (complicated family affairs)

The reason she run to KL : after her divorce, she couldn't thinking straight as she still want to be around her son but ex-husband and ex-mother in law doesn't allow her. she got only friends in KL so she decided to stay with her in KL and keep begging the ex-husband to bring over her son once a while since she still in Malaysia but of course it did not happen until today. She only allow to do video call once a month.  

Since I will help her to draft a letter, can all those points she have mentioned to be put in the letter of overstay reason? 

I hope you could guide me on this so that I can send her home safely. She is a nice person and it breaks my heart to see her being treated this way and have no direction on what should she do. 

Thank you in advance for your kind help Jeff. I hope to see you reply anytime soon. Be well and GBU.

Regards,

Jessica

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

heard from our church friends that if any illegal immigrants will be jailed no matter what
This is why I wanted people who are asking to post their docs here and the Queries.
This is a Website which have discussion on all sorts of Legal Matters.
There are many websites out in this Malaysia Area.
Some are Scammers, some post to scare people (for fun), some is really free and acts as  Trolls.
This is why I have always in altercations with people since Aug2014 and I believe I have maintain my accuracy and integrity of my posts without MCMC or FB to having BAR me or dispute my posts. Yes, IMI and Cyber Police are monitoring posts on IMI issues, mainly looking for scammers to fleece foreigners.

Print the solutions for **Hani's case and show it to her and her educated  church friends.
Give them the link of this website and ask them to check for themselves.
I am registered as Local Author in this website, not any Tom, Dick or Harry.   https://www.lawyerment.com/library/kb/authors/10

I have made 4,600 posts /comments without getting any problems from any Govt Enforcement Agencies (I am not showing off or being  egoistical  as someone have just accused me of). It is the Authenticity and Integrity  of the solutions with positive response from those who have followed my instructions to voluntary surrendered to Immigration without being jailed. I managed to get some of them a lower compound fine.

Yes there are cases where people are really jailed when they surrender. This is because of faked stamps, faked stories of why they have overstayed in Malaysia. Read this  "master" thread :   https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=115#tab-top

At least 3 persons who took "shortcut" and did not follow my advices/instructions 100% carefully and they were delayed going home and had their air tickets burnt due to delays in IMI processing but none were jailed...
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answered on May 17, 2019 at 00:08
by  
edited May 17, 2019 at 00:30
by   jeff005
@Jessica0808  

can all those points she have mentioned to be put in the letter of overstay reason?  
The beeg beeg answer is  NO..
Laws are blind, no colour, no creed, no excuses.
Overstay is Overstay, even for 1 day.
The more irrelevant excuses given, the more IMI Officers may reject the letter and give even more issues and delays to her.

Can only mention that the ex-husband "promised" to renew the LTSVP. (However to me, it is a ruse and lie as she has her passport (valid) before she overstayed).
We are actually hearing from one side of the story.
In a Divorced situation we can never know who is "more in the wrong" and both sides will be telling lies. Stick to the core solution now. Nothing more, nothing less.

Just tell her, if she is unluckily caught by IMI Raids during her outings, as well as at trips to Sunday Church,  she will be  Jailed.  Then she really may not be able to come back again to Malaysia.  Alternatively, her fines will be much higher in lieu of jail term, but that would result in a longer period of BAN from entering Malaysia again.

Just tactfully teach her and educate her. I know it is very difficult, sometimes I vomited (virtual) blood trying to convince illegals to surrender to go home and re-unite with the family/s.

For her it is no hurry this month as Air Tickets prices are sky high because too many Indons are going back via the surrender to celebrate the Raya. Tell her, there are around 4M illegals in Malaysia now, if all are jailed during surrender, even the whole Metropolitan City of Kuala Lumpur cannot accommodate all the jailbirds and Security personnel guarding them.

For her to be able to be with her son before the son is overgrown and loses his innocence, go back soon and then come back to see her son. Save money, come back and go to Court to have better access rights to be with her son. It is already provided for in her divorce papers.

Read  Bi-Anne's case. The mother came back 10 years later from UK to grab the daughter from the father.

Yes, the letter can be in English. Reasons for overstay is that she wants to have regular access to her son and submit copies of her divorce papers, but never mention the reasons or excuses for the divorce.
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answered on May 20, 2019 at 22:46
by  
edited May 20, 2019 at 22:50
by   jeff005
@joschmidt 

Thank you very much for your update. It really makes my day to hear that your whole family is back to Egypt. All the more it is an update on Wesak Day an Auspicious day for both Buddhists and Taoists.

Your email..



What I was doing 24 hours ago, Pic1-Bathing the Buddha  Pic2-with son 



Just sharing with you. My youngest son is actually taller than me. He cheated by bending his knees..!!
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answered on May 20, 2019 at 23:03
by  
@Jessica0808   

This is a normal case for surrendering direct to MY IMI. 
The above case is more challenging. Read the first post in this thread. It is a whole family surrendering. Father, mother, son and daughter (born in Malaysia). Overstay around 3 1/2 years by now. Any wrong declarations means the whole family would be withheld in IMI. There were anxious moments for both he and myself when he surrendered on 16 April. I was in Thailand celebrating Songkran. Something nasty did cope up in the surrender due to bad things done by his fake agent. It took him 8am till 4pm to complete his surrender. I was online with him all the while and I did "sweat" a little bit..!!

Hani's case is direct, so no worries. Show her this post..!!
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answered on May 21, 2019 at 15:11
by  
edited May 21, 2019 at 15:24
by   jeff005
@Coke636

answered on May 14, 2019 at 15:01
by   
Coke636

@jeff005 
hey Jeff, I am a student from china and because some personal reason, i overstay in Malaysia over 2 years. now i prepare to surrender to immigration. but there some question i want to know. i check information from internet, i m not sure it's true or not.  
1.how much do i need to pay for fine? 
2.after surrender i got a special pass for 1 month? 
3.i won't go jail because surrender?(i check your repay from this subject) 
and this is your answer. 
I will be imprisoned due to the overstay.  
You could be jailed if caught in IMI raids.  
There is no jail term if you surrender voluntary to immigration.  
Do not listen to fake news.  
and what should i prepare for surrender.  

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

My Reply

1.how much do i need to pay for fine? 
For 2 years do prepare around RM2-3K.

2.after surrender i got a special pass for 1 month? 
During the surrender, the officer may ask you to come back after 14 days to collect your passport. The normal validity period of the  "exit special pass"  is 7 days for China Nationals. Read @StevenGao posts.

and what should i prepare for surrender.  
Read all the past posts. It was been discussed a hundred times before...!!



????????       ??????

You should surrender via the  EMSD  . the Agency and your college that have brought you into Malaysia. If you surrender as an ordinary overstayer, your Penalty Fine and Compound Fines is higher and BAN for a maximum of 5 years.
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