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Val rejection by Immigration

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asked on Sep 4, 2022 at 17:24
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I have received a VAL rejection and after reading your comments, I think it is because I have an overstay due to COVID that my university didn't clear and I haven't stamped my COM on my student pass before leaving the country where I was supposed just show and exit stamp once I landed. 

I have contacted an individual who said he can help but I really don't think he'll be able to after reading your comments.
I am a master student candidate with an offer letter from University Malaysia Pahang, I'm 29 years old and from Yemen. I finished my bachelor's degree in September 2021 and left Malaysia in march 2022 due to Saudi visa issues, where I live. 

Also I have two leave of absence approved by the university due to financial problems. 
Was I required to submit my old passport along with the new one to EMGS?
I have a new and an old passport. Your guidance and help will be much appreciated. Thank you.
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6 Answers

answered on Sep 6, 2022 at 23:13
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edited Sep 6, 2022 at 23:27
by   jeff005
@ Mo Baha

where I was supposed just show and exit stamp once I landed. 
This is the problem with all those who had left Malaysia before expiry of the Student Pass and not properly terminated when the student leave (and not coming back). I really do not understand why and how those visa officers give such instructions.

Was I required to submit my old passport along with the new one to EMGS?
My personal opinion is to submit both when you are back.
Strictly speaking, the student pass that is valid until Jul 2022 is on the new passport. rite?, then use back the passport in which the existence of the Malaysian Student Pass issued to you.

Try to apply for a visa to come back to Malaysia to clear the eVAL issue.
Apply for a Tourist Visa or a VDR for the purpose of coming into Malaysia to clear your COM. After the COM is done by your college, you have to submit a new application to EMGS using your new passport and you have to leave Malaysia before the period of stay allowed for this trip. Only by leaving you complete the process of terminating the old student pass. Then while the COM have been processed, while you are here, submit a new EMGS application, go home and wait for the eVAL to be send to you in your home country (or whatever arrangement between Saudi and Yemen).

Only your college can help you. Do not simply listen to scammers. One cannot perform a COM when the student remains overseas. Come back Msia, then go back and come back legally with a eVAL.

I have an overstay due to COVID
Your Student pass is valid till JUL 2022 rite? (too blurr for my poor eyes)

The exit stamp is on 28 March 2022
and there is no "blacklist" stamped there.

What is missing is the "COM" stamp after the expiry of the student pass on JUL 2022.

This is my personal view based on the 20 pages of PDF docs you have send me.

The COM issue commands an immigration infringement for applications for study or work permit applications but not amount to a blacklist on coming back to Malaysia as a "Tourist". (This is strictly my personal interpretation of the COM issue).

I see no reason that there is an "overstay"

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answered on Sep 7, 2022 at 01:16
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Thank you so much for you answer Mr Jeff.
This problem happens way to often due to negligence of university visa departments.

I can come to Malaysia in a tourist visa that is valid for 90 days, however my concern is that I will be denied entry since my pass expired while I'm outside of Malaysia without proper cancelation. 

My first college is in Sarawak, so I'll have to head there first. Will it be safer if I contacted my previous university and highlighting that I need my passport to be stamped with COM? and that I won't be denied entry in Sarawak.

At the moment I have no country to turn to, so will it be okay if I reside in a neighboring country while waiting for eval?

The overstay happened in 2020 when immigration was closed and opened a day after my pass expired however the university assured it is okay. I thought I had an overstay and that's why I was rejected. Is a special pass for a day or two considered as an overstay?

I'll try to come in a tourist visa soon to clear my issues and I'll update you and God's willing everything goes well. 

Thank you so much for your help and I pray God you're rewarded for all the great help you do for people. God bless you. 
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answered on Sep 7, 2022 at 17:34
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edited Sep 7, 2022 at 17:41
by   jeff005
@ Mo Baha

Is a special pass for a day or two considered as an overstay?

Overstaying even one day is OVERSTAY.
The computer system will reflect such immigration infringement in an automated manner (to prevent corruption and human trafficking).

You have been very cooperative and had given me ALL the docs that i needed to assess your issues. I will now teach you something which was never taught before in this forum. Learn it hard and teach your college mates. It can affect you in the future  as "i think" that there is intention to reside in Malaysia. Malaysia is very different from Saudi and Yemen and is a very nice place to emigrate to for Foreigners Professionals.





Just tell me what you "may" have learnt from the about 2 images?

Yes.. both are "Special Pass" issued for different functions. You will also get one stamp into your passport soon with the "COM Applied For" eventually..

Now you can understand why your passport (of course your presence inside Malaysia is essentially required).

Do not be scammed and cheated by bogus agents..!!
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answered on Sep 9, 2022 at 13:32
by  
@ Mo Baha

Thank you so much for your help and I pray God you're rewarded 

Many thanks for your Blessings and also from hundreds of others who has blessed me via this forum. i,m now recuperating from my recent surgery to remove 2 tumours found inside my colon. Guess i can still live longer to answer more complicated issues.

The "Special Pass" that was issued to you was to re-legalized your status for the "overstay of 1-2days". It is merely a documentation process to updated your IMI file. Otherwise there would be "red-flagged" for overstay even for 1-2 days. Remember, it is an automated process.

The "GRATIS" stated in YOUR THE Special Pass, merely means this is no "charge" and /or penalty on you. There are different SP issued for different circumstances.

This is why I always wanted to view docs issued by IMI. Now I have explained to you, things becomes clearer.

The other special pass was issued for a PH lady who had overstayed nearly 2 years. She paid a compound fine of RM2,000 and RM100 for the issuance of the SP. She was the being "relegalized" to be inside Malaysia with no blacklist. Her personal valid circumstances allowed her to remained inside Malaysia.

She had a Work Permit which was not properly cancelled in 2017. So the COM was applied for was stamped into her new passport.

As for your case, your Student Pass has expired just 3 months ago. Come back as soon as possible to terminate it properly. The longer the delay, things can become more messy.

At the moment I have no country to turn to, so will it be okay if I reside in a neighboring country while waiting for eval?
According to standard laws, one must be in source country.

However, for Yemen and Syria citizens, i believe MY IMI does allows concessions due to the fact that these 2 countries has "civil unrests".

I also believe you are inside Brunei now.
Brunei is well known as a transit point.
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answered on Sep 9, 2022 at 13:37
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My first college is in Sarawak,
The Student Pass was from there. Go back there to get things done.
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answered on Sep 9, 2022 at 16:52
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edited Sep 9, 2022 at 16:54
by   jeff005
THE ROOT CAUSE

however the university assured it is okay
The procedures is not okay when the renewal should start one month before date of expiry. This is where there is a breach of responsibility towards the affairs of a foreigner student.

In any type of breach of immigration procedures (aka immigration infringements), we must dig deeper to know the root cause. Otherwise one issue will cause another issue down the road.

Checking with the Embassy is of no use, even the other IMI officers will not know as nobody would take the time to go into your file to dig up past dirt.

Knowing the root cause of your immigration infringement, then only can resolve the issue.
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