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Student Visa Renewal: After returning home, got blacklisted by Malaysia Immigration for semester deferment

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asked on Jun 11, 2020 at 18:01
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edited on May 7, 2021 at 01:47
 
I was studying for a Masters at LimKokWing University. I graduated from there too. I finished one semester. And then missed the registration for the 2nd semester but already paid. I didn't know much about the deferment. I thought I could just renew my visa and register for next semester. Before my student pass expired, I reapplied and submitted along with ALl the required documents requested by my university. I exited Malaysia before my visa expiry date with C.O.M I got not blacklist until then. But after 4 months I came to know that I got blacklisted by the Immigration. Now, the university told me they are working to clear my name from the blacklist from the Immigration.

Does anyone know about this procedure? In this case is there anything I can do? Did anyone face this situation before? Can I still travel to Malaysia with a tourist visa?
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answered on Jun 11, 2020 at 18:25
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edited May 7, 2021 at 01:47
 
@icheezer

Why don't you tell the truth of your situation. You are just wasting people's time reading your story.
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answered on Jun 12, 2020 at 03:36
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edited May 7, 2021 at 01:48
 
@jeff005

I did not get paid to lie. I am seeking some advice from who I can provide. If you can't help DO not waste both your and my time. It's still fine. But don't say it's others waste of time or misjudge someone without knowing the situation. 
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answered on Jun 12, 2020 at 10:20
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edited May 7, 2021 at 02:04
 
@icheezer

 I did not get paid to lie.
I did not get paid listening to un-surreal stories too.

I am seeking some advice from who I can provide
Then provide it here and then. Stop beating round the bushes.

If you can't help 
How to help when the situation described above does not tally with Immigration laws and policies on "STUDENT PASS".

misjudge someone without knowing the situation.
Then enlighten Readers here on the actual situation so that it can help others in the same predicament.

I am not passing judgement on you, I am passing judgement on facts tendered base of actual law facts and policies of Malaysian Immigration Systems. Do not apply the Visa Systems of other countries here. It is different.

There is no "renewal" of such "Student Visa". Renewal of Student Pass is automatic. There is no need to submit docs. Just submit Passport.
Open the page of your Student Pass sticker in the passport. What does it says? Student Visa or Student Pass?
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answered on Jun 12, 2020 at 10:57
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edited May 7, 2021 at 02:13
 
@icheezer

The basic answer to this question:

can I still travel to Malaysia with a tourist visa?
Once a blacklist is on:

1. No Visa can be issued. For those countries which requires a ISC (Immigration Security Clearance) for application of any Visa will sure to fail.

2. For those countries which are given Free Visa on Arrival (VOA), since any blacklist was not stamped in the passport or having a new passport, the traveler will be denied entry and will have to return back to the country of embarkation immediately with no appeal thus wasting both air-fares and hotel prepaid bookings.
And...
A second warning will be stamped now in the passport thus informing all immigration centers all over the world that his traveler has committed immigration infringements in Malaysia.

Check your own risks.
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answered on Jun 12, 2020 at 12:35
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edited May 7, 2021 at 02:39
 
Thanks for the info. And I apologize for the miscommunication. 

This is the full story. 

1. I graduated from LIMKOKWING UNIVERSITY. Then registered for the master's program at the same university. 

2. I completed 1 semester. And missed my 2nd semester as I was out of Malaysia for a month, Hence I missed the registration. I thought, since I missed this semester, I would register on the next enrollment. Little did I know about the semester deferment process. So I thought, as I still have visa which was valid until October 2019, I would just stay, and enroll in next semester in January 2020. 

3. Three months before the expiry of my Student visa, I went to renew my visa. My university asked me to defer the semester and I was too late. I did provide the reasons, and all the medical certificates along with supporting letter to reapply for my Masters on the same course, just as I was asked from my university.

4. Then I left Malaysia canceling my student visa with a check out memo. At this point, I did not get any Ban or blacklisting. 

5. Immigration asked my university to submit additional documents and was submitted by the university. Because of the Covid-19, this process took a longer time than usual. Last month I came to know my application has been closed. And my university told me I was blacklisted and they are trying to clear my name. 

6. Now I know this law of semester deferment that I need to cancel my visa immediately when I can't manage to register to the Course. And MOE will lodge a police report and ultimately blacklisting the student. 

6. My question is, is it possible for the university to clear the name from the Immigration system? I still have two more semesters left and I want to finish my Masters's degree. 

7. How long is this blacklist usually last? I haven't found any details or articles about it online. 

8. Can I still travel to Malaysia with a tourist pass? I still have the same Passport with which I checked out of Malaysia. 

I hope I am clear at this point, and asking for any suggestions or advice or any experiences like this. Thanks. 

@jeff005, apologies for the misunderstanding. 
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answered on Jun 12, 2020 at 17:32
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edited May 7, 2021 at 02:52
 
@icheezer

@jeff005, apologies for the misunderstanding. 

----------------  ACCEPTED 

I did it deliberately almost to all people to bring out their emotions. Only those who really needs "help" will swallow their pride and give further details.
If you had been rude, I could just easily "toast" your above Query laced with butter and kaya (my fav toasted bread). The reason is because it does not help other readers down the road.

Read my this reply completely before asking further questions. It may be very long, but I'm hit by hunger pangs now. Maybe break it into two parts.

First I will address your above Queries:

6. Is it possible for the university to clear the name from the Immigration system?

The answer is YES (for your circumstances).
But only the below entities can do it at this point of time
1. Education Malaysia Global Services (EMGS)
2. LimKokWing University
3. Ministry of Health declaration of the expiry of the Pandemic Lockdown.

7. How long is this blacklist usually last? 
Nobody can tell you. The Embassy cannot, Malaysia Immigration cannot, ISC cannot simply because you are in a unique situation, different from others who has student pass infringements. I will explain in details later. There should be no blacklist period stated in your immigration records.
The normal blacklist period is 2-3 years depending on the gravity of the infringements (for student pass).

8. Can I still travel to Malaysia with a tourist pass? I still have the same Passport with which I checked out of Malaysia.
The answer is still NO. Your blacklist is still valid. Bangladeshi passport has a validity period of 10 years. Your passport travels is the key to other countries too. Changing to new passport will not give you any credits.

By your statement, there is no infringements conducted in Malaysia. 

Keep this passport well, it is gateway for future emigration purposes.
The COM stamped in your passport has no legal implications in other countries. A blacklist stamp will give you endless problems. So DON'T COME NOW..!!
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answered on Jun 12, 2020 at 21:42
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edited May 7, 2021 at 03:19
 
@icheezer

(Part 2)

.............  Notice to all other foreigner students: ..............

Do read this thread properly and accurately. This is not the first case, but the fourth case with similarities. Understand the Malaysia Immigration terms properly and diligently.

I exited Malaysia before my visa expiry date with C.O.M
It is amazing that some longkeys giving inaccurate advises to you.
You did not state when the COM was applied for (which for your case unnecessary - personal opinion). A renewal would suffice.
Only a clear full page of the Student Pass with the COM stamp with dates of exit can answer. I did not ask from you, which I usually asked from others.

C.O.M. (Check Out Memo)
This memo has to be applied for by the University/Employer for the purpose of cancelling a Work Pass or Student Pass (and some others too).
It should be applied for during the last remaining 30 days of the permit/pass.
It must be done by Malaysia Immigration Policies for 2 main purposes:
a) Completion of work contract. Completion of studies.
b) Pre-mature termination of contract signed.

A student pass issued is actually a study contract period between Immigration and the student with annual renewals. Any pre-matured cancellation without the mutual agreement from both parties constitute a Breach of Contract. The resultant, according to Newton's Laws of Motion, is an equal repercussion, a BAN for Re-entry.

2. Now I know this law of semester deferment that I need to cancel my visa immediately when I can't manage to register to the Course. And Ministry of Education will lodge a police report and ultimately blacklisting the student.
I have not read of any "Law of semester deferment" in the Malaysia Immigration laws and terms and conditions or maybe it is a new policy which I may have missed. 

"Semester deferment" is in-house policies of the University which differs from college to college, types of studies undertaken, periods/length of studies.

You are under the purview of MOHE not MOE. MOHE, EMGS do not have the jurisdiction to make police report unless there are fraudulent submissions of academic credentials, during an audit check which will not happen to you as you have graduated from the same college.

3. At this point, I did not get any Ban or blacklisting.
This is because you have been issued a "Multiple Entry Visa Student Pass"  which allows you to enter and leave before the expiry date of the student pass.
But a very high possibility is when it is "updating time" after you have left, the (any) "error" was discovered and rectified remotely. During the C.O.M. application, it should have been discovered and rectified unless the Uni Officer also made a mistake too.

Do take serious notes that VISA is under passport laws, student pass is under immigration laws. Visa is issued by Embassy which will NOT guarantee a 100%  entry into Malaysia. A valid Immigration "Pass" is the absolute entry and living within Malaysia for a specific period of time. Therefore, there is no such term as "VISA renewal" in Malaysia. There is only "student pass renewal".
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answered on Jun 12, 2020 at 23:50
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edited May 7, 2021 at 03:33
 
@icheezer

Part 3 (Final)

Your screen captured info Timeline of EMGS has already answered most of my any further questions. These are the docs/info that can give me knowledge on your case which determines accuracy of my comments. I do have a heavy burden on my shoulders, if I posted any errors, this would affect the Questioner only and it has no legal implications on me. It is never easy to post on immigration issues.

Good News
Read the upmost message of EMGS. It states "Your student pass application is closed". If it says that "your application is rejected".. boy.. you may have problems in your next application. So, less worries.

The main issue now is the Covid-19 Lockdown which have no specific date of lifting. Since a COM has been done, you need a new application via LimKokWing University and EMGS.

All new applications are suspended until further notice. There are many International students trapped under this lockdown including those just approved (Visa With Reference (VDR) already expired now) before lockdown between the two countries. MOHE is sure to jump up and down screaming "have mercy on us - to the SarsCoV-2 virus". The Covid-19 disease is causing havoc to 210 countries.

You may now ask further questions (if any). I will try to answer, to the best of my limited knowledge.

(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 Jun 13, 2020 at 22:14
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edited May 7, 2021 at 03:36
 
@jeff005, I am really grateful for your valuable time and explanations of my issues. Stay blessed. I hope my university can help me to clear the blacklist as they emailed me recently. So that I can continue my masters and complete my course. 

However, I am curious how did you know that I have a Bangladesh passport? I was born in Saint Kitts and Nevis and has dual citizenship.

One last question, if my University clears my name from the Immigration blacklist, will this be cleared for a lifetime? Or there will still be records to impact my Passport?  Especially when I apply for a certificate of good conduct from Police for other country visas or to my plan is to migrate to Malaysia in the future with MM2H.
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answered on Jun 14, 2020 at 00:02
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edited May 7, 2021 at 03:41
 
@icheezer

Thank you very much for your blessings..

how did you know that I have a Bangladesh passport?
Pure Guesswork if you can believe me. LimKokWing University has tie-up with very few Asian Countries.

will this be cleared for a lifetime?
Once you managed to enter Malaysia even once, would clear any blacklist.
The "Entry Stamp" is the clearing stamp for blacklist.
There is no such thingy as pre-mature clearing of any blacklisting.
You need that blinking stamp inside your passport..!!
(You are the first person I have ever taught and is now shared freely to ALL).
When people are rude, I always reply with basic answer (obligations as an Author here). Your blessings to me have generated positive karma to yourself.

As I have mentioned above, there is no police report on you. In any case, the Security Certificate of Good Conduct is for any chargeable crimes committed in your source country. However when you cross any immigration, a blacklist stamp can caused you to be deny entry if your reasons is not properly explained.

That is why I ask you not come into Malaysia till you have clear your blacklist.

Never use the passport of your other nationality to enter ASEAN countries. There is already sharing of biometrics in some countries already. Your complete biometrics is already inside Malaysia Immigration Systems.
When Thailand installed their biometrics systems last year, many Europeans were caught using 2 or more passport to zoom in and out of Thailand. Many were caught and deported with ban on re-entry.

How you can mitigate your blacklist..
1. Wait for EMGS to approve your application.
2. Once approved, your college will send you a VDR (Visa for Reference).
3. Once you receive the VDR memo, submit it to the Malaysia Embassy and you can get a Visa to enter Malaysia. The Memo has to be submitted to the officer at Immigration Entry Checkpoint. Only then they will give you the entry stamp.
4. The VDR also states that you have to complete the Immigration application for any PASS, within 30 days of entry (by using the University's Network). So time your entry correctly.
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