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Overstayed: How to return to home country without being detained or rotan caning?

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asked on Apr 6, 2015 at 17:57
by   Andy
edited on Feb 14, 2017 at 04:08
 
I would like to check on behalf of my cousin from Singapore who is now in Malaysia. He had invested in a business in Malaysia but after a year his business went down due to conflict of interest with his Malaysian partners. He became broke and ultimately overstayed in Malaysia for over three years now. His passport has also expired. His family was also not financially able to assist him to get him back.

I have managed to get in touch with him and told him that he needs to come back home as his mother is very sick and is hospitalized and due for an operation next week. I have checked with the Ministry of Foreign Affairs in Singapore and was told to ask him to go to the Embassy for assistance. He is afraid of being detained and given the 'rotan' (caning).

I understand that Malaysia had an Amnesty until 30 December 2014. What is it like now? Is it possible for him to go to the Embassy to get his Travel Document and then buy a confirmed return ticket and then head to the Immigration Department to pay a fine or something in order to leave the country without being detained? I am willing to assist in purchasing his return ticket and pay the fine if it is not too much. I am also willing to come down to Malaysia to bring him back home. Is there grounds for compassion as his mother is very ill? I appreciate anyone's honest advice on this. Thank you very much.
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answered on Apr 6, 2015 at 18:28
by   jeff005
edited Feb 13, 2017 at 07:48
 
Go to the Embassy to get travel documents. Then surrender to Immigration, pays fines and get a "special pass" for RM100 to go home.

His case.. Can be RM5,000 or RM10,000 maximum. It can also be only less than RM1,000 fines.. No jail term, no 'rotan' if he surrenders.. Maybe ban for 5 years, or 10 years from entering Malaysia depending on the quantum of the fines. The Amnesty is for illegal foreign worker and the treatment is very slightly different for different countries and is still on, I believe till 30 June 2015.
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answered on Apr 6, 2015 at 19:00
by   Andy
Thanks Jeff05. It is quite comforting to hear that there will be no jail or whipping but a 5 or 10 year ban is a long time. Is there any chance of getting a shorter ban? Can it be appealed?
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answered on Apr 6, 2015 at 19:31
by   jeff005
edited Feb 13, 2017 at 08:33
 
No appeal.. Overstaying is breaking immigration laws.. internationally..

Like I have said.. a lot depends on the quantum of fines..

Did he have the old passport with him? If he still has it, it would have indicated the length of overstay. Is it still valid? What the illegals did here is to report loss of passport and get an "exit" temp passport from their embassy. Then surrenders to immigration and get a special pass to go home. For Indonesian the fines is around RM300, for Bangladeshi is about RM400.. but there is definitely a travel re-entry ban. There are conflicting responses from those people. Some says 6 months, some says 1 year. Don't know who were telling accurately. For getting caught definitely fines of RM3,000 - RM5,000 - RM10,000 plus 'rotan' for males.. and a 5-10 years ban. Those on students visa overstayers may get a 1 year or 2 year ban.. So only the Immigration can give a accurate reading to you.

Please note that there will be 'rotan' and jail term if caught working. Detention camps conditions is worse than jails..!!
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answered on Apr 6, 2015 at 20:00
by   Andy
Thanks again Jeff05. Alright, I shall do the necessary arrangements to arrange for him to come home. I have checked and he is still holding on to his passport but both passport and visa have since expired. This is why he has to head down to the Embassy to get Travel Documents. So I guess he must be prepared with at least RM10K just in case if the fine comes up to that amount as he has been overstaying for over 3 years. You have been a big help, Jeff05. I appreciate it very much. Once again, thank you.
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answered on Apr 6, 2015 at 20:54
by   Abu Bakar
edited Feb 13, 2017 at 08:33
 
Just report loss of passport and get NEW temp travel docs. The fines may be lower not as high as RM10,000. No questions will be asked for those who surrenders, just biometric prints of hands.
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answered on Apr 6, 2015 at 22:17
by   Andy
Thanks, Abu Bakar for your advice. I am also thinking that reporting loss of passport is an easier and safer option.
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answered on Apr 26, 2015 at 02:45
by   tinkistar
edited Feb 13, 2017 at 08:33
 
Tell your cousin to go to the Malaysian Immigration and surrender himself or else if caught by police, he will definitely face jail and 'rotan'. No use getting temporary pass, report loss of passport etc. from Singapore Embassy. In the end at the Customs while exiting Malaysia, Singapore side will tell your cousin they can't do anything because it's Malaysian law and they can't interfere. Trust me. My husband faced the same 2 years ago and he has served his jail term of 2 years and was only back in Singapore this January.
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answered on Apr 26, 2015 at 03:22
by   jeff005
edited Feb 13, 2017 at 08:33
 
@tinkistar

The advice offered above is to report loss of passport to the Embassy of country of origin. And then surrender to the Immigration of Malaysia. There should be no jail term or (rotan) caning. Once Singapore has confirm his citizenship, he has a legal entity but has broken laws of immigration in Malaysia. For his length of overstay, probably a 5 year ban for entering Malaysia plus fines.

For a "surrendered" immigrant to be jailed, there is more than other things. If there are such rampant cases of jailing for those who has overstayed, a million people would be languishing in jails all over Malaysia now. The costs of maintaining an immigrant in jail/detention camps is close to RM165 per day per pax. Who is paying??
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answered on Apr 26, 2015 at 19:44
by   C_Dag
edited Feb 13, 2017 at 08:33
 
My husband is facing the same problem as well. He is overstaying for almost 1 year and now he has to go back to his country in legal way. Will he face jail term? or just pay the fines?... Please I really need advise can anyone help?
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answered on Apr 26, 2015 at 22:11
by   jeff005
edited Feb 13, 2017 at 08:34
 
@C.Dag

Read all the above carefully and follow. No jail term. "Surrender" is not like war shows.. put your hands up high and body search for weapons inside the Immigration Office. Just go to info counter and fill up some forms and present the new documents from your Embassy. Take a number and they will call you for a chit chat in public. No harassment or threats. All under CCTV in public view.

Read my "Voluntary Repatriation Of Indonesian workers":
https://www.lawyerment.com/answers/questions/3504/voluntary-repatriation-of-indonesian-workers
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