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Overstay during COVID with SVP extensions and then pending approval of extension

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asked on Jun 9, 2022 at 00:29
by  
Hello,
I'm seeking any advice on how best to approach JIM (Immigration) with my overstay situation.  I am normally a Hong Kong resident and have been in Malaysia since MCO started.  I applied for - and was granted - extensions twice in 2021;  the third extension appointment (before expiry of 2nd extension) was cancelled due to JIM office closure and rearranged once the office reopened (as per JIM directions).  The third extension request was given a "pending approval"  ("KIV Menunggu keputusan PINP") with specific instructions to wait for further contact from JIM.  After this visit, the situation in both Malaysia and Hong Kong worsened and for a while Hong Kong residents were banned from reentering, then flights more or less dried up and transit flights were banned by Hong Kong. Up to now, no contact has been received from JIM, meanwhile borders have finally reopened and flights to Hong Kong more or less restarted. However, while I can now return to Hong Kong, it seems that I run a high risk of being blacklisted for several years simply based on the length of overstay. I'm not sure where I stand with the "pending approval" SVP and cannot find any similar cases.  The UK consulate is unable to offer any advice (official policy).  I hope to approach JIM urgently so that I can minimise any damage as I need to be able to come back to Malaysia in future for family reasons. I have prepared a dossier with the timeline and copies of what I hope are relevant documents with a covering letter to JIM to explain my predicament.   Any guidance that Jeff can offer would be very very much appreciated so that I can be prepared as much as possible to mitigate the penalties.  Many thanks,  
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2 Answers

answered on Jun 9, 2022 at 15:58
by  
edited Jun 9, 2022 at 16:01
by   jeff005
@ PennyLee

Your underlying issue is 
to wait for further contact from JIM
There are millions of applications every year from foreigners (including expiring work permits, student pass, PWP, etc etc.. do you really think that would bother to "call" you or "missed call" you. You should have contact MY IMI by attendance or online appointments personally periodically.

During initial lockdown, all IMI centers are closed, eventually when International flights are opened, some areas / offices are opened and need to make appointments (to avoid overcrowding).

As far as i know, thousands have gone back to China, HK, Thailand, Indonesia and The PH during the last 3 months of 2021 when international flights have resumed.

Q.. why did you not leave then?

You should be using a HK SAR BNO passport of which no confirmed citizenship status, MY IMI also do not know how to deal with your status. You do not have permanent residency status in HK.. well, Carrie Lam has put much restrictions on BNOs passport holders. So UK consulate is unable to offer you any advice.

I have prepared a dossier with the timeline and copies of what I hope are relevant documents with a covering letter to JIM to explain my predicament. 

Post excerpts, img of your passport (you may delete your name & passport number).
I only need to view
1. Validity period of your passport
2. The entry stamp (full page)

Your predicament is of poor excuse.
International Flight were resumed since mid last year, why didn't you exit then?
Special flights were available for exiting due to overstaying under Covid-19 Pandemic Lockdown.

come back to Malaysia in future for family reasons.
What sort of family connections?

Personal View :
Chances is that you will get a BLI/WM long overstay blacklist.
Whether can appeal for re-entry (usually after 2 years) will depend on your personal circumstances and situations.


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answered on Jun 9, 2022 at 16:20
by  
edited Jun 9, 2022 at 16:28
by   jeff005
I had done a case when a foreigner (Married to a Local Malaysian man in January 2020)
She was on SVP for the marriage and expired in March 2020.
Failed to exit due to cancelled flight.

She surrender to MY IMI in Jan 2022.
Was fined RM 2,000 for long overstaying and given a BLI. stamp

IMG of her compound fine.



I had another case whose foreigner (just married) "deported wife" came back 2 weeks ago.

Case ref : (with pics and IMI stamps)

https://www.quora.com/How-can-I-go-back-to-Malaysia

Sorry.. the above cases does not appear in this forum as they were privately paid queries to me from other websites.

How to appeal for re-entry depends on personal circumstances and situations.
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