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Overstay during Movement Control Order (MCO)

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asked on May 21, 2020 at 02:38
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edited on May 3, 2021 at 19:55
 
I came to Malaysia on a tourist visa.

One day before the lock-down, I was leaving Malaysia to go back to the country of my residence, but they locked-down their airport allowing only their citizens to enter their country, apparently it was a last minute decision that I had no clue about, thus, the staff stopped me from travelling, I asked them for an official document to prove that I wasn't allowed to travel by then, after explaining my reasons for asking them that, but they told me they cannot provide such thing, the immigration will understand, because it is happening over the globe.

I went to Putrajaya Immigration the next day for guidance or even ask for a special pass, but they were closed due to the lock-down. Therefore, the visa expired during the Movement Control Order (MCO).

As for now I have been calling the alternative number that was written on the sign in front of Putrajaya's Immigration door, and every time they tell me that the immigration is closed, and that I might go after the MCO ends, some told me that I need to surrender myself, and some told me that it's okay because it was during the MCO, and others told me that I need to contact my embassy (Which I tried but no answer, again due to the MCO. I tried contacting both of the embassies, the country of residence one, and the country of citizenship one.)

I would like to know, what can I do to avoid the penalty because all happened unexpectedly and I have nothing in my hand, I had no intention to overstay. 

1) Will I be penalised for overstaying against my will, if I go for the immigration?
2) If the Malaysia MCO finishes, and my country of residence does not open their airport by then, what shall I do?
3) Also bare in mind my country of citizenship is under lock-down too, they are not taking even their citizens, thus I am not allowed to enter either.
4) Will I be able to ask for a special pass just so I legally exist, in case airports did not open and I was forced to stay here in Malaysia
5) Is the Immigration open now or not? Am I allowed to go there during the MCO, or I have to wait for it till it ends as I mentioned earlier?

I hope you can provide me with a solution ASAP, I just found this website, I have only two days this week, and next week it will be a public holiday. Thank you in advance for your time.
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answered on May 21, 2020 at 16:37
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edited May 3, 2021 at 20:00
 
@norve

Apparently it was a last minute decision that I had no clue about. The MCO started 18th March 2020. News Media already warned of an impeding lockdown on all travels, 3 days earlier, same as in Wuhan, China as well as in Thailand. You may have missed it.

You will normally fly back to your point of embarkation (A)when the MCO is over.
You will have to report in to your Embassy (B) before flying back.
If both countries do not allow inbound flights, you may not be able to go out until the international flights resume for both countries to Malaysia.

Please that note that you may not be able to return to your country of residence in some country travel guide. All Embassies hotlines are opened during normal hours although some Embassies have shorten their working hours.

You will not be penalized for any overstay provided you have registered with your Embassy and seek latest info on travels.

Refer to the below letter notification issued by Immigration Malaysia.



Notes:
1. You do not need to apply for a special pass to exit.
2. Some Immigration Centers are already opened but not for your type of case.
3. All citizens who are from a foreign country have to register themselves via email or hotline to their respective country's Embassy (i.e. the passport you have entered). Mercy Flights back to their country of origin are in place this very moment.
4. Malaysia is still under MCO till June 9 and may extend again. Make sure you have sufficient financial resources.

(Caveat: The above article/comment is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice)
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answered on May 21, 2020 at 18:30
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edited May 3, 2021 at 20:08
 
I do find it hard sometimes to know what is happening in Malaysia, I search for news online but it isn't sufficient, if you don't mind advising me on a Malaysian website where I can get all urgent news in English.

My concern is after the MCO ends and both countries do not allow flights coming from Malaysia, what is my solution since my visit visa has expired, and my stay is illegal?
Maybe seek for a special pass?

Regarding Embassies hotline, I did call my country of residence hotline, but they cannot help me because I am not holding their passport (not a citizen). BUT, the Embassy of my country of origin's hotline isn't there, I have been calling the Embassy from 08:00 to 17:00 sometime up till 21:00 for several days during the MCO period just not to miss any chance but NOTHING, how can I get in contact with them so I can register myself for mercy flight (which is new to me) as you mentioned. Just for clarification, my country of origin is Sudan, if you can by any chance provide me with any information regarding that, please do. Thank you.
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answered on May 21, 2020 at 20:06
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edited May 3, 2021 at 20:37
 
@norve

a Malaysian website that I can get all urgent news
I have not found a reliable one yet.

The most reliable ones are updated daily after 4pm.
MOH (Ministry of Health)
Immigration 
MKN (Home Ministry)
but they are in Malay.

However, the local news media, STAR online, NST online and Malay Mail online will republish in English in 1-2 hours time.

One can get the English version in the FB (Facebook) Websites of MOH and Immigration. You have to "like" that message posted in order to get the "next" day update.

Sudan is in northeast African Countries. 
Population - 40 million, updated statistics Confirmed cases 3,138, Deaths 121, Recovered 309

Sudan started their lockdown only 1st May.
Malaysia started on 18 March. Today is Day 65. My personal estimate, the Malaysia lockdown can be lifted only after 1 1/2  more months from today.

The lockdown on air travel is mainly on passenger flights and is being lifted very slowly with other countries.

Mercy Flights are chartered flights using their National Airline, organized by the Embassy to bring home their citizens. However, due to good diplomatic channels, Transit/Stopover flights were organized. Some chartered flights, example from India, to send/bring back Malaysian citizens and Singapore requested to transit the flight to Singapore thus sending their citizens home too.

One has to check with their Embassy. Since the outbreak is only recently in the African nations and most are under lockdown, it may take some time for you to get home.
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answered on May 21, 2020 at 20:55
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edited May 3, 2021 at 20:40
 
@norve

what is my solution since my visit visa has expired, and my stay is illegal?
Maybe seek for a special pass?

Under normal circumstances, it is overstay. But under current Covid-19 pandemic, allowances are given provided your Tourist Pass expires during the Malaysian MCO.

International Travel Laws do not allow a visitor to be sent/deported/repatriated back to their country if their life can be in danger due to pandemics, epidemics, civil unrest or wars or under threat of natural disasters.

If I read Malaysian Immigration Laws and policies correctly, once the MCO is lifted, it would be announced publicly a few days earlier, a stranded tourist visitor can make flight arrangements. There should be a 7 days window period for the visitor to leave without applying for a special pass on date of lifting of the MCO.

If your country is still under lockdown, yes, you have to get a special pass for extending your stay here. You may also check with the country you have having residency now if you can fly back direct there.
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answered on May 21, 2020 at 21:18
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edited May 3, 2021 at 20:52
 
True, Sudan's lockdown started on May 1st, but their airport was closed way before.

Anyway, a BIG thank you and appreciation for your time. Wish you all the best!
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answered on May 21, 2020 at 23:57
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edited May 3, 2021 at 21:35
 
@norve

TQVM for your wishes...

Basically you have to check with your country of origin and country of residency.
Malaysia has just "open" for foreigners who have residency status but have to go thru the mandatory health testings as well as a 14 days quarantine in Medical Centers or designated "quarantine hotels". Those people have to pay for the hotel charges in FULL. For those Malaysian citizens, they have to pay too but there is a subsidy given by the Government.

Since you mentioned that your flight is back to your country of residency, you may have bought "Travel Insurance" before you came. It should have expired. It would be prudent to check with the insurer on your case, whether it can be extended or maybe need a new one. Some countries like Thailand requires a non-citizen with residency status to have 2 things before re-entry:
1. Travel Insurance 
2. Health Certificate (Covid-19 test) notarized by the Thai Embassy.
3. Even Thais have to apply thru their Embassy for a "Entry Permit" for "ET Go Home".

Do not burnt your air ticket or burnt a hole in your pockets being quarantined in a very expensive hospital. What I have read is that some E.U. countries may need similar types of "Health Certificates" very soon. But African Countries is just too "new" in their travel policies. But do watch out for this possible issue.
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answered on May 23, 2020 at 00:47
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edited May 3, 2021 at 21:36
 
Those are very useful information, I really appreciate it. And thank you for your time, I'll note them down.
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answered on May 23, 2020 at 11:54
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Speaking of the Devil..

The devil rears its head..
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answered on May 23, 2020 at 20:20
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edited May 3, 2021 at 22:21
 
LOL, I know, right. I saw the news yesterday, I guess ama apply for UK if things go south with me :P 
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answered on May 30, 2020 at 21:20
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Latest Update :

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