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What is Illegal immigration in Malaysia. What are Documented and Undocumented illegals?

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asked on Jan 6, 2020 at 21:24
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edited on Jan 6, 2020 at 21:29
by   jeff005
By Administrative definition, those who have overstayed are termed Illegals.

Documented illegals  are those who came into Malaysia with valid travel docs but have chosen to overstay on their personal choice. These people have valid passport and have a Entry Stamp upon Arrival. Their entry is captured in MY Immigration Systems and thus  "documented".

Undocumented illegals  are those who have entered Malaysia illegally without any proof of ENTRY.

Like the U.K. and some neighboring countries, overstay is a Criminal Offense..



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2 Answers

answered on Jan 6, 2020 at 21:34
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This is in response to the following post of yesterday

asked on Jan 5, 2020 at 20:55
by   
Mouldy

Hi,
I am a Singaporean married to a Singaporean who was Malaysian. His mother is still Malaysian and we have a property under her name. We have been living in JB for the last 1 year as it is more cost-effective than living in SG.

My children (all S'poreans and Homeschooled) and I have been staying in JB and returning to SG every 2 or 3 weeks, never exceeding the 30 days limit for the Social Visit Pass. However, we have been gently warned several times now, that we will need some other passes; we can't live in JB on the regular Social Visit Pass. 

I have visited the Immigration Office to ask if I could apply for a Long Term Social Visit Pass based on my relationship with my mother-in-law but was rejected. We are not able to apply for MM2H at the moment but we have made plans to free up some money so that we can be eligible to apply; hopefully by next year or so. So, from now till we are able to aoply for MM2H, we will still be required to travel back and forth and risk a NTL notice.

I am wondering if someone has any ideas; for us to legally stay in M'sia? If I can find a friend who owns a Sdn Bhd and 'hires' me; thus getting me a Work Permit (and Dependents Passes for my children) for a year or two, is that fully legal? Are there any other passes I am eligible for?

We usually stay in SG for at least 2 days... sometimes more than a week, depending on the activities we have then. An officer told me once that it is considered 'U-turn', which is not allowed. So question is; if I stay a week in SG and 2 to 3 weeks in JB, is this still not allowed?

I also want to add; last year my husband applied for a Residence Pass based on his status as an ex-Malaysian and his mother is still Malaysian, but got rejected. Wondering if we should try applying again and if there are factors that can help its approval i.e. more money in the bank, property, etc.
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answered on Jan 6, 2020 at 21:49
by  
edited Jan 6, 2020 at 22:10
by   jeff005
@Mouldy

if I could apply for a Long Term Social Visit Pass based on my relationship with my mother-in-law but was rejected.
LTSVP is meant for spouse of Malaysian, not for daughter-in-law.
However, there is a possibility for the MIL to act as sponsor for any extension of the LTSVP in the event of the premature demise of the Malaysian Spouse at the discretion of MY IMI DGI.

married to a Singaporean who was Malaysian.
The renunciation of Malaysian Citizenship is Voluntary. It has negative implications in any application for Residency in the future (including MM2H). Why give away one's citizenship and then wants to reside back in Malaysia?

getting me a Work Permit (and Dependents Passes for my children) for a year or two, is that fully legal?
Qs
1. Is that company registered with MY IMI and have a permit to employ Foreigner Workers?

2. To bring along "dependants", it is only under Category 1 & 11 of the Expat work permit. You got to pay income taxes and have a income of at least RM5,000 plus Contracts exceeding 2 years.



we will still be required to travel back and forth and risk a NTL notice.
The next stamp you receive can be a NTL  in the last page of your passport. You have been forwarned by IMI Officers.

So question is; if I stay a week in SG and 2 to 3 weeks in JB, is this still not 
allowed?
So, the answer is : 
What you are performing is illegal immigration. Be prepared for nasty conseqences.

(Caveat : The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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