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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 27, 2015 at 00:06
by   Isay
edited Feb 14, 2017 at 03:33
 
I'm facing this kind of problem also. We went to Putrajaya last Monday before the expiration of my visa (April 21) were asking if they can give us visa until may 10 because we already booked a ticket. Me and my hubby plan to register here, we already submit request for marriage registration but got some problem with my hubby's side since his divorce paper with his 1st wife is not updated in the system.. We gave all the docs, letter from our attorney so that they can give us visa til May 10, but they don't want. Now I don't know what to do because our baby is with me also. Any one can help me?
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answered on Apr 27, 2015 at 02:15
by   jeff005
edited Feb 14, 2017 at 03:37
 
@Isay

we already submit request for marriage registration but got some problem with my hubby's side since his divorce paper with his 1st wife is not updated in the system.. We gave all the docs, letter from our attorney

Did you pay your attorney? He has not given you complete advice.

If you are at the Immigration at PutraJaya, just walk across nearby to the Jabatan Pendaftaran Negara (JPN) office and update his status there! Now you have overstayed! There is a chance that you may be ban from re-entry for a short period of time. I have no experience with your type of case. All I can say is that the earlier you "surrender" to immigration the ban may be "shorter".

By the way, I believe that applications for registration of marriages takes longer for marriages with foreign spouses. Locals takes about 1 month to be approved, why MAY 10th? And if your visa has expired, there can be no approval..

Just a note.. Do make an appeal to the Immigration before you leave the country otherwise more problems.
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answered on Apr 27, 2015 at 02:28
by   jeff005
edited Feb 14, 2017 at 03:39
 
@ C.Dag

I do not perform legal work plus immigration issues can only solved by yourself and your own accord. Just be careful of so-called immigration agents.

Post here in this forum and maybe someone with similar experiences can share. Go direct to your country embassy and seek accurate advice.

PLUS... NEVER NEVER PASS YOUR PASSPORT TO UNKNOWN PERSONS! YOU MAY END UP BEING BLACKMAILED LATER.
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answered on Apr 27, 2015 at 02:38
by   C_Dag
edited Feb 14, 2017 at 03:40
 
@Jeff05

Let's say if my husband go to surrender himself...roughly when he can leave this country?
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answered on Apr 27, 2015 at 04:49
by   jeff005
edited Feb 14, 2017 at 03:42
 
1. Which country is your husband from?
2. Are you both legally married? Any children?
3. Has he still got his original documents, i.e. Passport?
4. Did he enter legally into Malaysia?
5. Can you prove that he need not work while you are supporting him all this while, otherwise the authorities CAN/MAY still treat him as an illegal immigrant working here. Can you prove funds send to him from his mother country to Malaysia?

Unlike for certain countries where there is an amnesty going on, things can be slightly different. Personally I suspect that IMAN was officially activated on 8th February after Jokowi visited Malaysia in January.

Upon paying the fines for overstaying, a special pass (valid for 14 days for Indonesians) will be issued. It may varies from country to country subject to flights availability to that particular country. From what may ex-workers told me, for Nepalese they may give 1 month in the past. Now any new rules.. really I don't know.. That is why you have to get advice from your Embassy. I did a hands-on repatriation for Indonesian friend recently where there are more than 12 daily flights to various parts of Indonesia....
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answered on Apr 27, 2015 at 07:05
by   C_Dag
edited Feb 14, 2017 at 03:45
 
@Jeff05

Really thank you for your reply.

1. Which country is your husband from?
My husband from Iran.

2. Are you both legally married? Any children?
No cause its very hard from us to register in Malaysia and yes we have 1 child.

3. Has he still got his original documents, i.e. Passport?
Yes

4. Did he entered legally into Malaysia?
Yes

5. Can you prove that he need not work while you are supporting him all this while, otherwise the authorities CAN/MAY still treat him as an illegal immigrant working here. Can you prove funds send to him from his mother country to Malaysia?
He has bank account in Malaysia which can print out all the statement to prove it.
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answered on Apr 27, 2015 at 15:27
by   jeff005
edited Feb 14, 2017 at 03:46
 
@ C.Dag

1. Is your hubby Iranian Christians and you? Muslim or Christian?

2. Your child, how old? son? managed to get a birth cert? If yes, is father name in and status, Malaysian citizen?

I am not really worried on your issues but of your child who can face serious issues when schooling time. And if your hubby is ban from re-entry, child is without fatherly love and attention.

Ordinary lawyers even big timers may not be able to resolve your combined issues. Let me digest things and hope to find some answers.
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answered on Apr 27, 2015 at 23:10
by   C_Dag
edited Feb 14, 2017 at 03:48
 
@Jeff05

My hubby is Iranian Muslim and I'm a Chinese.

I already got the birth certificate for my son and its only under my name and yes this is what I worry about too that's why I try to get advice everywhere. If ban for 5 years its okay but if 10 years its a long time .
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answered on Apr 28, 2015 at 00:02
by   jeff005
edited Feb 14, 2017 at 03:49
 
@C.Dag

I assume your child has Malaysian citizenship. This would not be an issue for schooling purposes. Email your contact email address to me for record purposes. This is "Andy" posting thread. I have email some contacts on your case and is expecting a reply or 2 in the next few days, shall forward to you if necessary.

One of the options is maybe to get an employment contract (working but not working) under "General Services" but whether can be extend to Iranians, let's wait and see.
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answered on May 6, 2015 at 20:28
by   tera
edited Feb 14, 2017 at 03:51
 
I have overstayed for 1 month 23 days due to forgetting that I thought I have a single entry visa. I am about to go to university this 9 of may. I don't know what to do? If I go to the Immigration, will I actually get ban? Because it was a stupid mistake on my side. The college tell me to go to the Immigration and get back to my country and get single entry visa. How not to get ban from Malaysia? Because I am also doing business with a Malaysian company, for fabric and marketing for my product..
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