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Malaysia Blacklist and Ban for re-entry for 5 years. Will this affect my any other Visa Entry into other countries

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asked on Mar 20, 2021 at 19:17
by  
edited on Mar 20, 2021 at 19:57
by   MiaWallace
This question was previously posted on this thread: https://www.lawyerment.com/answers/questions/13960/overstayed-ban-from-entering-malaysia

Hi Mr. Jeff,

Hope you are doing well!

I've spent the last couple of days reading your answers on this portal, and I was quite impressed with how much effort and time you put into discussing each particular case. I wish this world had more people like you, who are willing to help others without expecting anything in return. You are doing invaluable service to all of us!

My situation is quite similar to all others, I'm Russian citizen, and I've got blacklisted back in March 2018 and banned from entering Malaysia for 5 years due to long 2-years overstay (however, prior to that my record was pretty clear, I've been studying under official student passes).

I'm not going to lie I miss Malaysia insanely, its food, people, weather, pretty much everything because I've spent the best days of my life there. However, I've moved on and now plan to go to EU (Latvia, in particular) to obtain a temporary residence permit. And among the documents I have to submit there is a form where they ask about my previous stays in other countries:

– Have you ever been refused entry into another country?
– Have you ever been expelled from any other country?

I know that the best option here will be to tell the truth but still wanted to ask if there is any way that Latvian immigration authorities can access my immigration data in Malaysia and the fact that I've been blacklisted and banned from entering the country?

I'm kind of worried that it may affect their decision with regard to my case. What do you think?

Since you've worked in Malaysian immigration for quite some time you probably know how everything works there and what kind of information Malaysia shares with other countries (especially EU countries) upon their request.

Please let me know what you think and if you need any other information from my side.

I'd highly appreciate any thoughts and recommendations from your side.

Cheers,
Mia
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9 Answers

answered on Mar 20, 2021 at 19:18
by  
edited Mar 20, 2021 at 19:19
by   MiaWallace
answered on Mar 20, 2021 at 11:25
by   
jeff005
edited Mar 20, 2021 at 12:15
by   jeff005

MiaWallace
 
I hear you.  Our discussion will go very deep as there are many subjective matters dealing in illegal immigration of which laws of the countries differs from one and another and on the definitions of infringements.
 
May I humbly suggest that you start a thread of your own so that others can benefit from our discussion. You are not the first Russian enquiry in my books and definitely not the last. Your query is complex and is not within the contents of this webpage.
 
Start a new content topic (new webpage) under "ASK Question" at the top right hand corner of this webpage.

Main Topic Content :
 
Malaysia Blacklist and Ban for re-entry for 5 years. Will this affect my any other Visa Entry into other countries
 
Contents, same as what you have posted as above.
 
Additional info required :
1.  Age and sex

2.  Academic Qualification/s gained in studying in Malaysia (Student Exchange Programs?)

3.  Do you still have the passport and the exit stamp stamped in the passport pages?

4. Any last page stamp from MY IMI?

5.  Can you post the exit pass stamps (sections of Malaysian Act infringement) that is stated in the pages. Please get a very clear pic of both pages (page number required). You can blank off the passport number of both pages for privacy. I also need to view the period of blacklisting stated within (if stated).
 
6.  Can you describe the fines, any jail term (court case) or being held in detention camps and for how long in March 2018.

7. Did you surrender voluntary to MY IMI or caught in raids or caught working.

8. Passport Expiry date (mths/yr) at point of being “deported”.
 
The basic answer to your Query on whether the immigration systems (EU and Malaysia) is linked or not, at this point time my answer is : NOT LINKED as YET  (to the best of my knowledge). But among South East Asean countries, some countries has already been linked under ASEANAPOL.
 
If the interviewer finds discrepancies during interviews, they can directly go for an  international security check for any blacklisting under your name. Your application in Lavtia for temporary residency leads to permanent resident status cum citizenship, so the seriousness can be there.
 
Note: I do not work for MY IMI. My posts are just matching events and immigration laws of that intended destination country. I did some researches into illegal immigration of several countries.
 
Malaysia follow British Commons Laws at start of Laws Legistration. If Latvia is the same, many things can be easily explained.
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answered on Mar 20, 2021 at 19:19
by  
edited Mar 20, 2021 at 19:20
by   MiaWallace
answered on Mar 20, 2021 at 11:34
by   
jeff005
edited Mar 20, 2021 at 11:36
by   jeff005

MiaWallace

– Have you ever been refused entry into another country?
– Have you ever been expelled from any other country?


My personal view. Both are tricks Qs that if wrongly answered can lead to dire consequence. It is best if it is not in the form of check boxes and best if explanations are allowed to be tendered especially if there is an interview.
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answered on Mar 20, 2021 at 19:54
by  
edited Mar 20, 2021 at 20:23
by   MiaWallace
Hi Mr. Jeff,

Thanks for such a prompt reply!

Here's the additional information you requested:

1.  Age and sex

27 / Female

2.  Academic Qualification/s gained in studying in Malaysia (Student Exchange Programs?)

Bachelors Degree in Arts (Social Sciences)

3.  Do you still have the passport and the exit stamp stamped in the passport pages?

Unfortunately, I don't have that passport, since it expired back in 2018 and I've lost it when moving to new apartment, but I remember that it was BLI stamp with the 5-year ban period stated. By the way, is there any way to obtain this data from Malaysian immigration authorities' records without visiting the country (which I'm not able to do obviously)? Since I also have to state the exact date of the stamp and when the ban is due (and I don't seem to remember such details).

4. Any last page stamp from MY IMI?

I don't have a photo of the stamp, but I remember that it was a 1-month special pass I got when was returning to Malaysia from Thailand (I went there for a couple of days to extend my staying). The date of this special pass stamp was 18 March 2016, if I'm not mistaken.

5.  Can you post the exit pass stamps (sections of Malaysian Act infringement) that is stated in the pages. Please get a very clear pic of both pages (page number required). You can blank off the passport number of both pages for privacy. I also need to view the period of blacklisting stated within (if stated).

I'm afraid I can't provide this information since as I've mentioned previosly I don't have this passport with me any more. And I was wondering if Malaysian immigration authorities store this information in their datatbase and if they can provide it upon request? The period of blacklisting was something like April 2018 - April (?) 2023.
 
6.  Can you describe the fines, any jail term (court case) or being held in detention camps and for how long in March 2018.

There was only fine, I don't really remember the amount, but it was a lot. I didn't have any court hearing or jail term/ detention in camps whatsoever.

7. Did you surrender voluntary to MY IMI or caught in raids or caught working.

I've come to the immigration office voluntary, handed my passport and paid the fine. So I wasn't really expelled or deported per se, and there were no raids for sure. I left the country 1-2 weeks from the moment receiving my passport with the BLI stamp.

8. Passport Expiry date (mths/yr) at point of being “deported”.

Expiry date was April 2018. My flight back was few days prior to its expiration.

As for these questions in the Latvian form:

– Have you ever been refused entry into another country?
– Have you ever been expelled from any other country?

Both of them are Yes/No questions. 

However, if I have at least one "Yes", there is an additional appendix form that needs to be filled and contains the following questions:

– Date of refusal/Expulsion (day/ month/ year)
– The entry is prohibited until
– Country
– Reason of refusal/expulsion

What would you recommend doing in my case? Of course, I understand that this is not going to be a legal advice, but I just wanted to know your opinion on my case. What are the odds that Latvian authorities will find out about the fact that I've been blacklisted in Malaysia? What if I just state in my form that I came back to Moscow back in 2016, and stayed in my home country all that time and not in Malaysia (illegally)?

I will have an interview with an immigration official, but it's not going to be the first step of the process for sure. First, they will check information I provided in the form. And that's why I wonder if they can verify my information by contacting Malaysian immigration and requesting information from their record. And why would they actually do that if my record in Russia is pretty good? Plus this whole process will be guided by my current employer, they will pay all the fees. So it's not just me as an individual applying for temporary residence permit for no valid reason, this is my company relocating me there as their employee.

Your assistance in this matter would be highly appreciated.

Cheers,
Mia
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answered on Mar 20, 2021 at 23:57
by  
edited Mar 21, 2021 at 01:16
by   jeff005
MiaWallace

Just a short note to give you the Good News.
I was busy just now and it's late and i'm tired.

From your timeline and what you have declared as above :

My personal view that you will have no issues even you have checked YES in one of the boxes. But there are explicit explanations to be given. I will guide you thru tmrw.

Note : If you state this ---
What if I just state in my form that I came back to Moscow back in 2016, and stayed in my home country all that time and not in Malaysia (illegally)?

This can be a problem... beeg beeg problem and can be deported from Latvia if discovered even after you are inside working. You went to Thailand right? This can be your last and serious mistake.

I always teach people to tell the truth.
For your young age, never get any deportation from any immigration.
It can come back to haunt you even 30 years later.

You need to make research in Latvia Laws on the following :

1. Immigration Law pertaining to "overstay" issues

2. Deportation Laws

3. Any Voluntary Repatriation clauses and effects (if any).

4. Laws differs from country to country. Your case is a minor infringement of overstay on your Student Pass. It does not warrant any serious blacklisting on travels to other countries except into Malaysia.

5. The BLI stamp is the actual "blacklisting". The last page is notification of immigration infringements in Malaysia "only". It has no effect elsewhere once you have gotten a new passport (but in Malaysia YES due to records in the IMI System).

6.  There is no way you can get any response from MY IMI, even if at the Russian Embassy request. MY IMI will not give details to another party other than that of the Nationality of the passport holder.

7.  With proper explanations on the Immigration Laws of Malaysia, there should be no impact at all except being nervous in front of an interviewer.

sosoo... sleep well tonight.. very cold in Moscow now? No way I can go to Latvia. I may end up as a frozen zombie within hours of arrival. Yes, i remember now that it was an invitation also from a young Russian girl who also have intention to reallocate to Latvia after overstay in Malaysia on a tourist visa, that why I had already made research of Latvia 6-7 years ago. But now, many laws could have changed. Just do your homework...

Why Latvia? Something must be alluring at the Baltic States / Sea.. ??
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answered on Mar 21, 2021 at 21:06
by  
Hi Mr. Jeff,

Thank you so much for such a detailed response! Your words made me feel truly relieved

As of what you are suggesting, yes, I will most def do the proper research on the topics of the Latvian law that you've listed. And I'm also more inclined towards telling the truth since your lies can hunt you years and years since they occur. I just wanted to know that my case is considered to be "minor" and there are little odds that it will affect my application for residence permit in Latvia.

It's slowly getting warmer here in Moscow, not really a spring weather yet, but we're slowly getting there. As for my interest in moving to Latvia – I think this is a great opportunity for me, I love adventures and exploring new things, this feeling of novelty makes me thrive. I genuinely believe that life is too short for limiting yourself to only one habitat, I'm a true global citizen and want to explore as many countries as possible and Latvia is just the starting point. Plus, a temporary residence permit will allow me to travel across EU, which I found very tempting and exciting. Can't wait to get there!

You've mentioned that the fact that I went to Thailand can be my last and serious mistake. Could you please elaborate on that a bit more?

And yes, I'll be looking forward to your suggestions with regard to the proper explanations on my overstay that may be given to the Latvian authorities. 

Many thanks!

Cheers,
Mia
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answered on Mar 21, 2021 at 23:41
by  
edited Mar 21, 2021 at 23:54
by   jeff005
Dear Questioner
 
Malaysian Deportation Law
Deportation from Malaysia means a Foreigner may have committed a crime inside Malaysia that warrants a penalty of Jail Term, Fines, Whipping (For Males). A RAI  (Refuse All Immigration) will be levied on the defaulter. Usually it is a BAN for life blacklist from entering Malaysia ever again.
 
Voluntary Repatriation
Voluntary Surrender to Malaysian Immigration for “overstay” will result in a Voluntary Repatriation which fines will be paid on the period of overstay. A special pass will be issued upon receipt of payment for a maximum duration of 14 Days remaining inside Malaysia. The defaulter has to leave Malaysia within the validity stated inside the Special Pass. The defaulter has no issues staying and moving around inside Malaysia during this 14 days. A BAN on re-entering will be levied according to the period of overstay, the maximum of 5 years for an overstay period of 2 years.
 
Overstay
Overstay on a Tourist Visa is a minor immigration offense. Pay fines and leave within 7 days (subject to flights available and destination country or forward destination).

Overstay on Student Visa can sometimes be ignored at the discretion of the Malaysian Immigration Authorities for short overstay. However, for long overstay is also subjected to fines and penalties and period of blacklisting ban on re-entry of 1-5 years.




.
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answered on Mar 22, 2021 at 00:12
by  
@ MiaWallace

Your breakfast menu and homework for the day.

Best print it via desktop apps in A4 paper. Screenshot it and then PDF. You may need it for any submission or even tender it to the interviewer.

No worries, what I have stated above is the actual policies. During this Pandemic Period, it is even more relaxed.

If the interviewer is Latvian, and if "Quora" is available in Latvian, it is even better, I am the Malaysian Author there on Immigration Matters. Similar Qs were asked in the Quora Website and i am the only Author to post on Immigration laws and issues. My pen name /author is "Jeff Lee".

I'm in that website too, writing several topics too. Confucianism / Immigration Malaysia / Malaysian Chinese Lifestyle /  Travels in Malaysia / Chinese Philosophy of Life.
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answered on Mar 22, 2021 at 00:40
by  
edited Mar 22, 2021 at 00:55
by   jeff005
MiaWallace

You've mentioned that the fact that I went to Thailand can be my last and serious mistake
It is referred to if you state that "What if I just state in my form that I came back to Moscow back in 2016, and stayed in my home country all that time and not in Malaysia (illegally)?

Quote : I don't have a photo of the stamp, but I remember that it was a 1-month special pass I got when was returning to Malaysia from Thailand (I went there for a couple of days to extend my staying). The date of this special pass stamp was 18 March 2016, if I'm not mistaken.

Something does not tally. Now that your old passport have been lost. There can be some hiccups.

You have gone into Thailand for a few days (for the purpose of visa run?). From where to Thailand then back to Malaysia?

Quote : Expiry date was April 2018. (Passport Validity date).

Under standard SOP, normally Visa applications must have at least 6 months validity date left in the Passport. The same is for Thailand, Malaysia and Singapore. An experienced interviewer who has knowledgeable experiences in these areas may asked you "How did you managed to get into Thailand?". With a Student Pass before (although expired), you may be able to enter Malaysia under special circumstances using a special pass issued to the passport holder. But how do you explain Thailand trip and from which port of embarkation?

You may have to put some thoughts into this matter (just in case).

I usually leave no stones unturned. (i,m curious too).

Returning to Malaysia does not necessarily you left Malaysia to Thailand straight, then "returning" to Malaysia. It can be from Malaysia to Cambodia /Laos then to Thailand and then "back" to Malaysia. Complicated right?.

What if I just state in my form that I came back to Moscow back in 2016, and stayed in my home country all that time
Once you have entered Thailand, you have made a digital footprint in immigrations records, sometimes things beyond your imagination can happen.
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answered on Mar 22, 2021 at 11:26
by  
edited Mar 22, 2021 at 11:40
by   jeff005
@ MiaWallace

What I will be explaining to you is quite subjective. It depends on the level of English used in Latvia (can be British or American English). I shall start with : 
 
– Have you ever been refused entry into another country?

When a traveller flies into (let’s say) Malaysia with a Visa (to enter only). Malaysia Immigration Officers can “Deny Entry” on conditions not fully complied to like no prior accommodation arranged, not bringing enough moneys for the duration of the intended stay. All T&C would have been stated within the Visa issued.
 
The Deny Entry resulted in :
a)  Take the same plane back to port of embarkation
b)  Take another flight to a forward destination
For Malaysia they may stamp into the passport pages “Entry Denied”. This would constitute as “Refused Entry” technically as in physical entry.
 
But legally, you have not been in such a situation and/or with such stamp in your passport. In the legal sense it does not apply to you. Your case was “expressed refusal” of further entry when you exit the last time. It constitute a “notification” rather than “refused entry’” in a physical manner.
 
-------------------------==
 
– Have you ever been expelled from any other country?
 
The laws of “expulsion” / Deportation literally mean forced removal.
In some countries, there are two terms used.
a)   Forced repatriation (Physical Removal)
b)   Voluntary repatriation

Forced repatriation must be to the source country of origin based on Nationality of passport.
Voluntary repatriation can be to another country of which can accept the traveler.
 
In the context of Malaysian Immigration Laws, there is no act of being “expelled” conducted on you legally.
 
You are a very educated and matured young lady. You have to decide what to put : YES-YES, YES-NO, NO-NO in your application.

I have actually taught one European guy to apply for a Visa to another country before "surrendering" to MY IMI. He did it and had one approved visa, so he did not go back to his original country.
 
My personal opinion is that a YES in one of checked boxes would not affect your application if there are appropriate explanations to it.
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