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What is OVERSTAY in Malaysia 2022?

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asked on Apr 21, 2022 at 18:00
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“A foreigner who stays in Malaysia exceeding the expiry date or cancellation of his or her Pass ( Social Visit Pass, Student Pass, Work Pass) and who is in breach of S. 15(1)(c) IA shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.”
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3 Answers

answered on Apr 21, 2022 at 18:05
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edited Apr 21, 2022 at 18:06
by   jeff005
Staying In Malaysia Beyond The Approved Period

Staying in Malaysia beyond the period allowed is a violation of section 15(1)(c) of the Immigration Act 1959/63, an offence under section 15(4) of the Act.

1. Requirements Checklist
When dealing with the Malaysia Immigration Enforcement Division, please bring along the originals and copies of the following documents:

i. Passport / travel document (all pages are intact);
ii. Police report (in the case of lost passport);
iii. Any evidence of overstaying;
iv. Plane / bus / ferry ticket (depart within 7 days)

2. Additional Requirements for Employers
i. Employer needs to be present along with the employee;
ii. Cover letter (for company);
iii. Business license / registration of the company;
iv. Identity card (MyKad / Yellow Card / Employee Card);
v. Memo reference from BPA / VPP / BPP / MIDA (If applicable)

Note:
BPA-Foreign Workers Division, Immigration Department Malaysia
BPP-Employment Pass Division, Immigration Department Malaysia
VPP-Visa, Pass and Permit Division, Immigration Department Malaysia
MIDA- Malaysian Industrial Development Authority

3. Offence:
Section 15 (1) (c) Immigration Act 1959/63 (Act 155).
Living in Malaysia after a pass / permit has expired or revoked.

4. Penalty
Section 15 (4) of the Immigration Act 1959/63 (Act 155) provides a fine of not less than RM10,000 or imprisonment not exceeding 5 years or both.

Compound
Compounding is an alternative punishment for the offence. It is made under the Immigration Regulations (Compounding Offences) 2003 in accordance with the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155).
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answered on Apr 21, 2022 at 18:27
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Overstay for foreigner workers who came in under under MDEC and have overstay their approved work period.

Documentations requirements :

https://mdec.my/wp-content/uploads/SP_JIM_website_updated_23092020.pdf
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answered on Apr 21, 2022 at 22:31
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Information from EMGS :

This is for International Students

https://educationmalaysia.gov.my/news_update/special-pass-requirements-by-the-malaysian-immigration-department/
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