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Student variation visa rejected

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asked on Mar 31, 2022 at 16:24
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Hi, I applied for a variation visa in early October and changed my university but for the same course at the end of my second year. I started studying at the new university for my third year. I cancelled my previous student visa and applied for the variation one through mahsa. I was told that I didn’t need to exit the country due to Covid. However, my visa accepted my emgs but rejected my immigration. My new university informed me that it was rejected because they had assumed I was starting a new course, later they told me it was rejected because I changed university after second year. They appealed the decision and they then required the special pass as the Covid rule relaxation regarding that had ended but that was rejected by emgs. I’m now paying the overstay fee and am clueless about what the true reasons have been, language barrier not helping anything. 

Could you suggest a recourse for me? I’m exiting the country next week and have spent a lot of money on my medicine degree. My university’s plan is to provide my exit stamp for the appeal of the variation which is in progress. Is there anything else I can do to ensure that I get the visa? I’m open to seeking legal counsel if required. 
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answered on Mar 31, 2022 at 17:39
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edited Mar 31, 2022 at 18:19
by   jeff005
Post your year 2 cancelled Student Pass here fast if you need quick comments.

Which country are you from?

When are you departing? In how many more days? Confirmed flight?

Post your special pass here. You may delete your name.

No lawyer can help you once there are infringements in Immigration Laws. I can already count 3 already. Save your moneys..
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answered on Mar 31, 2022 at 21:23
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edited Mar 31, 2022 at 21:29
by   jeff005


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answered on Mar 31, 2022 at 22:07
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For the benefit of other students, i shall share the following :

1. This is the first time i read of a "Variation Visa". It appears that foreigners have "extra terms" added to our immigration systems.

2. There is no such thingy as "Student Visa". Read the immigration sticker that is inside your passport pages. It is stated as Student Pass.

3.  Acceptance by EMGS does not mean acceptance by MY IMI. Read the following notice EMGS APPROVAL LETTER.



EMGS is only vetting academic requirements.
MY IMI is the one that approves your eVAL (visa approval letter).
With the eVAL, you have to submit the eVAL to the Malaysian Embassy in your country to get a visa to enter Malaysia only for the purpose of applying for a Student Pass from MY IMI to study inside Malaysia. 

The student MUST enter Malaysia direct from home country. There MUST be one entry stamp for this sole purpose.

Failing to comply to this procedure would disqualify any application for the Student Pass.
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answered on Mar 31, 2022 at 22:42
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I was told that I didn’t need to exit the country due to Covid. 
Correct, but once International Travel is resumed, due to the cancellation of the student pass, you MUST exit immediately, otherwise it is regarded as overstay. At that point of time you do not have any locus standi to remain inside Malaysia, Your new college has failed to advised you properly.

This applies to all foreigners trapped inside Malaysia due to covid lockdown on international flights.

However, my visa accepted my emgs but rejected my immigration

EMGS accepted your application to study based on academic qualifications. The approval is to obtain a Student Visa to enter Malaysia in order to complete the application of a student pass. You must come direct from home country because the eVAL is send to the applicant address in home country and the Embassy will issue a specific visa travel. This is the LAW

it was rejected because they had assumed I was starting a new course, later they told me it was rejected because I changed university after second year. 

EMGS approval is for UniA as per stated in your student pass. UniA has to cancel the student pass attached to their name by the application of a C.O.M. If fees has not been paid fully, there is no cancellation. Period. 

After the cancellation, you must leave Malaysia within 14 days and during the lockdown, on the next available flight back to home country. No excuse.

Changing of University means a new EMGS application, also means to come into Malaysia on a new eVAL. Never heard of "visa variation". First time in the past 10 years in my tenure here in this forum.

They appealed the decision
but that was rejected by emgs
That is because MY IMI will sure to reject as there is IMI infringement.

paying the overstay fee and am clueless about what the true reasons have been, language barrier not helping anything. 
Nothing to do with language barrier.
Medical studies in Malaysia is in English, MY IMI is also in English, so is EMGS. The main issue is OVERSTAY.

The other factor is the cancellation of the student pass. I need to see it to understand if there are any other underlying issues. Compute or not?
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answered on Mar 31, 2022 at 22:47
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edited Mar 31, 2022 at 22:58
by   jeff005
My university’s plan is to provide my exit stamp for the appeal of the variation 

Once you provide the exit stamp.. your next application to EMGS will end like this :



You are not the first nor the last to be hit by this "provide my exit stamp" problem.

I have gone thru at least 2 cases for the past 2 months on a personal basis. They are back inside their home country and facing hardship in trying to come back into Malaysia to resume their studies. They were blacklisted from coming back.. !! Now making appeals via the Malaysian Embassy in their home country.

The moment you exit, the blacklist stamp (if any) will only be stamped.

The only recourse is to appeal before leaving Malaysia.

I do not think any ordinary lawyer can help in this type of matter.

Post your student pass now.. !!

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answered on Apr 3, 2022 at 03:39
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edited Apr 3, 2022 at 04:56
by   justiceserved
  Hi, 
Sorry I wasn’t expecting a reply but here’s my student pass. 

My flight is scheduled for 6th of April. I’m from India. 

As you can see, I had no hand in the entire process as I was told the university handles the visa process. I paid all the fees required and yet, their incompetence is causing me all this trouble. 

My appeal is in progress as I mentioned. But they asked for special pass and/or exit stamp which is why I went to the immigration dept with my university representative and paid the fine without acknowledging guilt. I’ll be receiving the special pass on Tuesday. 

Are appeals always rejected? I don’t understand why my first variation application was rejected as this was while the Covid rules were still in place and special pass was not required. 

If you’re suggesting that I should appeal before exit (which is in progress), I’d still have to exit once the special pass expires. Would it be possible to get the appeal accepted by providing the special pass?

Any insights you could provide would be greatly appreciated! 
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answered on Apr 3, 2022 at 12:51
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@ Justiceserved

Sorry I wasn’t expecting a reply 
That’s becuz you have been asking people at the wrong places. Even embassies (including MY), immigration will not be able to answer you.
 
Interpretations of the pics you have posted as above
 
Pic1 (page 7)
You have to leave Malaysia by 15th Oct 2021
You have already overstayed and have paid overstay fines. This will auto input a “blacklist” in the MY IMI systems.
 
Pic 2
This is the entry stamp which I,m more concerned with, this is also what I had mentioned above, the “journey performed” into Malaysia so that you can get a Student Pass. If by the cancellation of the Student Pass as in Pic 3, you have to leave Malaysia in order to apply for a new eVAL to come into Malaysia to make a new Student Pass under the name of the new college.
 
It appears that your 2nd year S.P. has been cancelled, so one less problem. But you did not leave MY as at 17 Oct 2021.
 
Special Pass
There are many different special pass for specific purpose. Your this special pass will be to exit Malaysia by 6th April (subject to flight availability). Failing again to exit.. can be forever BAN from entering Malaysia as it has hit into a second infringement, perhaps even jail term and whipping.
 
The exit stamp to be forwarded is of no use at all for any appeal (in my personal opinion).
 
Appeal
Knowing that you can be blacklisted for overstay, my suggestion is to make an appeal before you exit, creating an appeal file personally while still in Malaysia.
Make an appeal for  “Re-entry into Malaysia for the purpose of completing your studies in Malaysia”.

(You may need docs of support from MAHSA).

Get the visa officer of your college to go with you.
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answered on Apr 3, 2022 at 18:32
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edited Apr 3, 2022 at 18:36
by   justiceserved
Knowing that you can be blacklisted for overstay, my suggestion is to make an appeal before you exit, creating an appeal file personally while still in Malaysia.
Make an appeal for  “Re-entry into Malaysia for the purpose of completing your studies in Malaysia”.
Is this separate from the appeal that has already been opened by my university for the visa rejection? Or is this something I can add in the additional documents they've asked for? 

I've attached the EMGS history, they have asked for additional documents which my university has told me will be the exit stamp on my passport and special pass. Between the period of the appeal being opened and now, the university had also tried to apply for a special pass which was rejected by EMGS and later tried unsuccessfully to appeal the special pass rejection (although they’ve been vague about the details of this and mainly kept me out of the loop). This is the reason why I haven’t left until now, as they reassured me that I didn’t need to exit since I would be getting the special pass and the eVAL would be approved.
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answered on Apr 3, 2022 at 18:35
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The exit stamp to be forwarded is of no use at all for any appeal (in my personal opinion).
On the EMGS website, it says that in case of a transfer they need a special pass or exit stamp to proceed, this is what I've been repeatedly told as well. Is that not accurate?
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answered on Apr 3, 2022 at 19:38
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edited Apr 3, 2022 at 19:52
by   jeff005
Justiceserved

Or is this something I can add in the additional documents they've asked for? 
Please understand what i,m writing.
This is a separate appeal for "Re-entry" in conclusion that you can be blacklisted for long overstay. However, this is my personal suggestion for your type of case.

it says that in case of a transfer they need a special pass or exit stamp to proceed
Can show me the whole transcript?
What is meant by "which" and what type of special pass?
The exit stamp would indicate that you have left Malaysia as EMGS do not have access to IMI Systems. This cannot be faked as in the process IMI officers will still verify this exit stamp internally. Yes it is possible and can easily faked this type of "exit stamp".

The exit stamp is to prove that you have exited Malaysia and inside would indicate the flight number that would indicate you are back to your home country as any eVAL would be sent direct to your home country for you to go to the nearest MY Embassy or Consulate to obtain a visa to enter MY for the purpose of completing an application of Student Pass. You have done it the first time.. remember?

14/12/2021 VAL Rejected
Why rejected?, because you have overstay and is still inside Malaysia.
How are you going to the MY Embassy in ur country to come into Malaysia in a proper manner? And of course one "entry stamp" for "journey performed" in order to reflect the legal manner the student pass to be awarded.

This is where your complications arises.
The overstay will command a "blacklist" for overstaying.
With a blacklisting, EMGS will not and cannot continue any further processing on any new eVAL.

Read the T&C of EMGS.
You cannot start any course (including online) without first getting the student pass.

You cannot come back and EMGS cannot process, so what to do next?

This type of blunder is caused by incompetent college visa officers, mainly due to the lockdown. If laymen like me, unpaid and with no qualifications, can understand IMI procedures, why can't paid college visa officer compute?

The rejection of VAL is by IMI of which the reason is obvious. 
EMGS will have to submit your the appeal, i believe MY IMI will still reject due to the overstay issue / blunder.

tried to apply for a special pass
This pass is i believe for an extension pass to remain inside Malaysia while EMGS will try to process your application /application.

But remember you have been decree to leave MY by 17th OCT 2021 of which you didn't.

So blame who?

You should have left and the EMGS can process your application. Once MY IMI have rejected the VAL, it would likely to be rejected again for infringement of IMI Laws.

The issue now is how to deal with any blacklisting.

My personal suggestion is to start a personal appeal for re-entry while you are still inside Malaysia to expedite things.

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