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Section 8(3) Act Immigration 1959/63

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asked on Nov 10, 2019 at 07:52
by  
Hi All,

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 uturn. My wife and son (Singaporean too) can continue their journey to JB if they want. Fyi, my wife is working in JB and my son is studying in JB too.

I was given a letter that indicate 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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There was a similar Q asked (exactly similar) not long ago.

There was a Q2Q which was never answered.

Repeated Q
1.  Post the stamp on your passport here. A clear pic 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 is 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 Nov 10, 2019 at 15:08
by   Izzie
Hi Jeff, thank you for your reply. 

My wife is under category 2

Plus if u know the procedure to appeal this, can u share with me please.
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answered on Nov 10, 2019 at 17:27
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The stamp pic?
On what page was it located?
Just show it here or email to me
< bladirunner@gmail.com >
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answered on Nov 10, 2019 at 17:58
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Its at the last page of my passport page 64.

IM.96(J/KSAB/9.11.2019)/C
1001151/191109/225045/0215
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answered on Nov 10, 2019 at 18:38
by  
@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 Baru), your wife have 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 /Home Ministry in Spore (if any) to appeal based on your legality as the son's father /legal guardian.

You should and must provide concrete proof of employment /self employment with financial statements from Spore 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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Thanks Jeff.

With regards to the dependant pass, it has already been approved. I was 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
by  
edited Nov 10, 2019 at 23:14
by   jeff005
@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 JB IMI HQ. I dun understand.

Never leave your passport to 3rd party esp U, 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 D.P.
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answered on Nov 10, 2019 at 23:11
by  
edited Nov 11, 2019 at 00:19
by   jeff005
3.  MY immigration will issue a  VDR  (Visa for Reference) to your wife and/or company to be send to you.

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

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 pass 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 IMI with your spouse together, within 7 days, your spouse have to sign additional docs with you in the presence of the IMI Officer. Your Biometrics Finger Prints and Facial Recognition will be taken and be embedded into  dependant pass. This is one time procedure only. No agents or 3rd Party. I am not clear how IMI would deal with applicants from Spore, but all foreigners workers application for  DP 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 DP.
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answered on Nov 10, 2019 at 23:17
by  
Thanks Jeff.

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

Send 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 D.P.
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answered on Nov 10, 2019 at 23:38
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edited Nov 11, 2019 at 00:02
by   jeff005
IM.96(J/KSAB/9.11.2019)/C

This is a IMI 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 IMI in any countries.
Sometimes the an irritated officer may stamp "anything" in the last page at the slightest valid excuse to whack you back. Watch out for Thai IMI.
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