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Section 8(3) Act Immigration 1959/63

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asked on Nov 10, 2019 at 07:52
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edited on Mar 9, 2020 at 16:33
 
I need your advice. I'm a Singaporean and had an issue with immigration at the Singapore and Malaysia border. 

Small argument between the immigration officer and me. The officer brought me to their office and I was given the letter and asked to U-turn. My wife and son (Singaporean too) can continue their journey to Johor Bahru (JB) if they want. For your info, my wife is working in JB and my son is studying in JB too.

I was given a letter that indicates I'm under a section 8(3) Act Immigration 1959/63. I read about it and I need help on the proper channel and procedure for me to appeal.

Please help so that I can see my family again.

Thank you.
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answered on Nov 10, 2019 at 14:57
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edited Mar 9, 2020 at 16:52
 
There was a similar question asked (exactly similar) not long ago, which received another question in response and was never answered.

Repeated questions:
1.  Post the stamp on your passport here. A clear picture of the whole page with page number visible.
2.  Post a copy of the letter here for better understanding.
3.  What sort of working permit your wife is holding? What Category? 
4.  While your wife and son are allowed inside Malaysia, there is no good reason for you to be on too many trips to be in Malaysia.
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answered on Nov 10, 2019 at 15:04
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edited Mar 9, 2020 at 17:04
 


Hi @jeff005, thank you for your reply. 

My wife is under category 2

Plus if you know the procedure to appeal this, can you share with me please.
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answered on Nov 10, 2019 at 17:27
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edited Mar 9, 2020 at 17:04
 
The stamp picture? On what page was it located?

Just upload it here or email to me.
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answered on Nov 10, 2019 at 17:58
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edited Mar 9, 2020 at 17:04
 
It's at the last page of my passport page 64.

IM.96(J/KSAB/9.11.2019)/C
10011XX/191109/2250XX/0215
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answered on Nov 10, 2019 at 18:38
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edited Mar 9, 2020 at 17:04
 
@Izzie,

At the last page, you have really been accorded the "Prohibited Immigrant."

There is no appeal.

In order to be able to come into Malaysia, rather Johor Bahru, your wife has to add your name under her Expat PWP Cat (ll) as a "Dependant" but if lacking a legal marriage certificate, you might face a daunting task.

Another remote solution is to go the Ministry of Foreign Affairs or Home Ministry in Singapore (if any) to appeal based on your legality as the son's father or legal guardian.

You should and must provide concrete proof of employment or self employment with financial statements from Singapore that you are not dependent on your wife's income in Malaysia. This will exonerate the accusation of doing business in Malaysia without paying taxes.
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answered on Nov 10, 2019 at 19:17
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edited Mar 9, 2020 at 17:05
 
Thanks @jeff005.

With regards to the dependant pass, it has already been approved. I actually wanted to surrender my passport to my wife office admin to send to KL to process it. Unfortunately, the ban came earlier than the intention.

Do you think I should still proceed to give my passport to her to process it?
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answered on Nov 10, 2019 at 22:52
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edited Mar 9, 2020 at 17:21
 
@Izzie,

Unfortunately, the ban came earlier than the intention.
No.. it is not a ban. There is no ban. The purpose (for your case only), is a only a blocklist until you get the appropriate documentations done in order to come in again.

send to KL to process it.
Why need to send to KL?. It can be done at Johor Bahru Immigration HQ. I don't understand.

Never leave your passport to 3rd party especially you, as any loss or misplaced of passport, can cause your current application to fail and redo all over again. I do not think there was any approval at all. Could be communications breakdown. You must ensure that your passport validity date must exceed the validity date of your wife's PWP validity period.

Please take note of the following procedures.

1.  The application for "Dependant Pass" should be done by the primary permit holder.

2.  The company must give written consent to allow the Permit Holder to apply for the Dependant Pass.
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answered on Nov 10, 2019 at 23:11
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edited Mar 9, 2020 at 17:17
 
3.  The Malaysia Immigration will issue a VDR (Visa for Reference) to your wife and/or company to be sent to you.

4.  You have to take it to the Malaysian Embassy in Singapore to apply for a VISIT PASS in order to come into Malaysia (Johor Bahru). 

5.  Without this Visit Pass sticker, JB ICQ may turn you back again. Check the procedures properly written at the back of the  VDR. I believe it must be passed thru at the ICQ complex. Do update me of any changes of policies.

6.  When you have come in, you must submit the application by going to the Immigration with your spouse together, within 7 days, your spouse have to sign additional documents with you in the presence of the Immigration Officer. Your biometrics finger prints and facial recognition will be taken and be embedded into the dependant pass. This is one time procedure only. No agents or 3rd Party. I am not clear how the Immigration would deal with applicants from Singapore, but all foreigners workers application for Dependant Pass must pass thru the same process.

It is not correct procedure for a dependant (with exceptions for infants with single mother) to be already inside Malaysia to apply for a Dependant Pass.
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answered on Nov 10, 2019 at 23:17
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edited Mar 9, 2020 at 17:08
 
Thanks @jeff005.

I didn't know its not a ban. I read that BLI - is blacklist and hence this is a ban... you mentioned "blocklist", did you know this from the code stamp at the last page of my passport? - IM 96 ....

Sent to KL because the HQ of my wife's school is in KL..

Points taken on your comments about the 3rd party.

I'll update you again on the progress of my Dependant Pass.
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answered on Nov 10, 2019 at 23:38
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edited Mar 9, 2020 at 16:29
 
IM.96(J/KSAB/9.11.2019)/C

This is an immigration section of infringement. It contains a dozen types of infringements.

If it appears in the center pages of the passport it will be a NTL.

If it appears at the last page it is actually a NTL Blocklist, but as in your case, for not having proper documentations to enter so frequently.
Don't quote me please.
Never argue or have altercations with any immigration in any countries.
Sometimes an irritated officer may stamp "anything" in the last page at the slightest valid excuse to whack you back. Watch out for Thai Immigration.
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