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MCO and RMCO - same laws apply? I have overstayed but cant get appointment with immigration

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asked on Jun 16, 2020 at 17:17
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Hi,

I am a european citizen and resident.

My tourist visa just expired yesterday and of course I have been trying to get an appointment with immigration for weeks already but due to the current situation there are no appointments available. 

In fact, the earliest appointment I was able to get is 2 months from now (Johor immigration) I even tried some of the other immigration offices that are somewhat nearby but no luck.

I want to leave and never planned on overstaying but now I am afraid that I cant leave if I dont go to immigration before I try to leave Malaysia.

What are my options? What would happen if I just book a flight to Europe and go to the airport in KL, will I be able to just pay a fine and then leave or would they stop me from leaving?

I read through a lot of the other threads but couldnt quite find a situation like mine.. I would really appreciate any advice, 

Kind regards, 
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3 Answers

answered on Jun 16, 2020 at 18:30
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# overstayer

but couldnt quite find a situation like mine..
Yes, there is.. read properly again..
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answered on Jun 16, 2020 at 20:06
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edited Jun 16, 2020 at 22:13
by   jeff005
overstayer

MCO and RMCO - same laws apply?
There is only 1 law in existence - MCO Laws on Lockdown.

MCO is derived from 2 existing Legislative Laws which E.U. does not have.

EMCO is a curfew imposed on affected community areas.

CMCO is the lifting of some restrictions enforced under MCO

RMCO is the last stage for recovery  for economic reasons.

but now I am afraid that I cant leave if I dont go to immigration
You may still need to go to Immigration to get some endorsements to exit Malaysia.  This has not been specifically announced by IMI yet.

will I be able to just pay a fine and then leave 
There is no fine if your Visit Pass expires during the MCO  period..

Read this announcement dated 19 March 2020



due to the current situation there are no appointments available. 
For your case, you need not make appointments.
People are posting inaccurate information.
The appointments are for people who wishes to extend their types of pass, like dependant pass, extension of stay, student pass...  etc etc..

The Laws in place is that you have to report in to your embassy for being stuck in Malaysia on (Tourist) Visit Pass.  The Embassy will arrange for Mercy Flights or special chartered flights back to country of origin. Have you registered yourself to your Embassy?

Read this thread carefully

https://www.lawyerment.com/answers/questions/13758/overstay-during-movement-control-order
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answered on Jun 16, 2020 at 23:07
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I really appreciated the detailed reply. Thanks a lot!

You say there is only 1 law: MCO. So essentially the MCO is now extended to 31. of August it just has an extra letter because of the recovery aspect. So as far the immigration laws are concerned RMCO equals MCO

That was really the one thing I didn't quite understand, thanks for clearing that up for me. 

You wrote: "You may still need to go to Immigration to get some endorsements to exit Malaysia.  This has not been specifically announced by IMI yet."

I am just going to share the following maybe that will be beneficial to someone else:

So from what I could gather at this very moment, the American embassy and also the Singaporean embassy have announced that the Malaysian government has informed them that overstayers are allowed to stay until 31. of August without a special pass or penalty.

However these 2 embassies are the only ones that have announced such a thing as far as I can tell.

I called the german embassy, they said they are still waiting to hear back from the Malaysian side and cant confirm that until they do. 

I then called Malaysian immigration and a friendly man told me "you don´t need to come to IMI. All foreigners can leave without special pass or penalty until 31. of August but I advice you to leave as soon as possible" 

hmm I guess it is his job to advice me to leave as soon as possible however that would be another 2,5 months.. not sure what to make of that but sounds like I can just stay a couple of weeks longer until I have found an affordable flight. 
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