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How long do I need to be out of Malaysia on a Special Pass?

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asked on Oct 18, 2019 at 14:46
by  
Hello,

I've tried to find a sufficient answer to my queries, but have not been able to.

I recently went through a difficult situation whereby my employer didn't notify me or immigration of the expiry of my EP, and didn't lodge the necessary forms. Thus I had technically overstayed by 2.5 months.

It was totally the fault of the previous HR manager, who, upon further investigation, had not been doing her job properly at all.

Anyway, the new HR manager was a great help to me and even came with me to Putrajaya a few times.

To cut a long story short, I have a friend who has a friend in high places at immigration who help me by putting a note in the system to "look after me." Which clearly worked because the first department at Putrajaya gave me a yellow memo that stated "not to be given a Special Pass." But upon checking me out on the system (and probably seeing the note) they ended up giving me a Special Pass and compound fine of rm1,100. And I was not put on the ban list.

My question is- How long do I have to stay outside of Malaysia before I can come back (on a social visit pass). Immigration HQ could not tell me, and instead said that the airport immigration will tell me.

I am leaving to Singapore, then Australia (home country) next week.

Also, with the big Special Pass stamp, and my expired EP in my passport, would it be worth me just getting a new clean passport that comes with a new number, when I'm home in Australia? Will this make my entry back to Malaysia easier?

With the new passport, will airport immigration know about the previous overstay and Special pass from my old passport?

It is important that I am allowed back in Malaysia soon, as I have a lease, pets, and a life here.

I can provide photos of the Special Pass and stamp if required.

Thanks for your assistance.

Regards,
Ben
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3 Answers

answered on Oct 18, 2019 at 17:18
by  
@bpotter

Hi Ben (Potter?).. white Aussie?

I shall answer urgently to your Query here since you have only a few more days here. Normally if you have posted in the "Overstay" thread I have started, I would answer more in details.

 totally the fault of the previous HR manager
You are jointly at fault. You are the bearer of the passport in which the EP is inside, this is the negligence of more than 4 people. Who is keeping the passport, u or the Company?

Based on the contents in your Q.. 
For your case, you have been BAN for period of 2 years for any re-entry.
It is already in the systems which nobody can change other than the "hidden hands" of the friend of your friends.

 "not to be given a Special Pass."
This could be the work of the hidden hands.
Special Pass  issued is to fine you and to boot you out of the country plus a standard BAN. Still got have captured image of the yellow memo?

Immigration HQ could not tell me
If HQ cannot tell you, who else can tell you? Logic isn't it?

Will this make my entry back to Malaysia easier?
YES.. after the BAN period.
But before the BAN period is over, try coming in would constitute a "second offense". A traveler is aware that there is a BAN from coming in, yet try to come in again, it is breaking another immigration law by "dubious" means like changing to a new passport. Consequences : The nice IMI officer during entry may just immediately NTL  (Deny Entry) and stamp in your new passport. The nasty officer may sent you to "detention room" for further investigations, and then stamp NTL  in the last page of your passport  for the whole world to see. 

as I have a lease, pets, and a life here.
Terminate the lease, send the pets to another home, bring yr gf (if any) with you back to AU or other countries, then come back again after 2 years.
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answered on Oct 18, 2019 at 17:26
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edited Oct 18, 2019 at 18:04
by   jeff005
@bpotter

Further readings :

https://www.lawyerment.com/answers/questions/13181/what-to-do-if-you-overstayed-in-malaysia-updated-with-policies-wef-01-01-2019?g=15#tab-top

https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=119#tab-top

https://www.lawyerment.com/answers/questions/12081/immigration-malaysia-blacklisting-ntl-ban-period-appeals-for-inbound-visitors-to

My international posting here  on How to clear Blacklistings.

https://www.quora.com/How-do-I-check-if-Im-blacklisted-by-Malaysian-immigration-and-barred-from-entering-Malaysia

https://www.quora.com/How-do-I-clear-my-name-in-the-Malaysian-immigration-blacklist

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answered on Oct 24, 2019 at 13:12
by  
Thanks for your answer Jeff005.

But I am not on the BAN list. There is no BAN stamp in my passport and the officer at HQ said I am not on the BAN list. I just received a special pass to leave by a certain date.

They said I either wait until my work permit has been renewed, or airport immigration will tell me when I can come back. But I was hoping someone here would have a answer now about the minimum time I need to spend outside the country before re-entry.

As I said in my original post- They discarded the yellow memo and ended up giving me a special pass and not put me on the BAN list.
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