Banned from Malaysia after overstaying?

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asked on May 10, 2011 at 04:51
by   Mr JJ
edited on Mar 28, 2016 at 22:00
If my Philippina girlfriend has lost her passport and overstayed in Malaysia then spent time in jail here and was deported, can she return with new passport? or would she be banned from entering?

Immigration officers used to say must stay away 3 months but I am wondering now they are fingerprinting all visitors etc.

Should she return with new passport? Is there likely to be a problem? Should she apply visa first in Manila with me as sponsor?
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answered on Apr 5, 2017 at 08:24
by   Jenn
edited Apr 16, 2017 at 09:55

My employer brought me here to work with them in a service sector and promised me that they can provide a work visa within 2 months so I enter the country as tourist, after 6 months working I decided to quit my job due to work issue. Now I'm illegally staying for 9 months. I want to go back home (Philippines) and comeback with proper documents but I don't know if I will get banned from returning to Malaysia as my fiancee (foreign with legal permit) is living here. 

Thanks in advance Jeff hope you can advise me.
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answered on Apr 5, 2017 at 16:49
by   Shin
edited Apr 16, 2017 at 10:08
1. Are you been told why they arrested you and laws related to your offence? 
The immigration officer in JB told me that I am possessing a fake working permit in my passport that is why I am liable of the offense. But like what I have mentioned in my previous comment, I used my passport going to Singapore and Thailand then going back to Malaysia where I stay. Passing through the same JB immigration counter that's why it confused me that how come other officers did not tell me its fake and how come I stayed in Malaysia for almost a year before they found out that its fake.

2. Did they tell you that they will put you in lock-up for maximum 14 days for investigation
No, they just asked me where did I get the permit and then asked me the same question over and over again. They told me that I need to stay in a small super cold cell. I think I stayed there for 2 days before they sent me to a larger detention/prison area. I got arrested April 7 and released April 19.

3. Did they tell you the outcome of the investigation and your plea?
I don't think they made an investigation because the moment that they arrested me, I am convicted by them already.

4. During investigation, did you tell the officer that you wish to pay a fine in court or ask for a lawyer?
No, the only time that I knew that I can pay a fine is during the hearing in MAHKAMAH. This immigration officer who arrested me was there and he came to me and whispered to me what I have to tell. I have to tell the judge that I am guilty of the offense and I am willing to pay for the fine. He told me that that is the ONLY answer that I need to tell the judge.

5. During hearing in court, in what language court read the charge?
Its English and Malay.

6. How they process you before deportation, did they record your 10 fingers?
Yes, they took my biometrics.. However, the Immigration Officer from KL who sent me to the KL Airport that time told me that when I wanted to return to Malaysia, I can send her an email with my new passport details so that she can check in their system if I am blacklisted in their country or not. But I didn't do it. Its a good thing that I asked someone here in this forum what does the 'RAI' chop in my passport means. Now I will be going to Singapore next month, if I try to enter Malaysia again through JB point, hoping that I can enter Malaysia and the officer found out that I am blacklisted, will they arrest me again or they will just tell me to go back to Singapore or they will tell me to book a flight going back to my country? Or might as well don't try my luck. Please enlighten me. Thank you!
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answered on Apr 6, 2017 at 17:20
by   jeff005
edited Apr 16, 2017 at 09:56
Now you known your legal rights and basic international travel laws.
You cannot be detained or arrested.
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answered on Apr 7, 2017 at 05:22
by   jeff005
edited Apr 16, 2017 at 09:57
@ Jenn
There is an amnesty going on with your country. Paying about RM400. Go to your Embassy to register.

There is a ban for sure. If you are caught working or walking on the streets, the fines can be very high plus jail term and longer ban.

There is no way out.
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answered on Apr 22, 2017 at 08:04
by   nor atiqah
edited Apr 26, 2017 at 06:18
I want to ask about the process and the fine for my African boyfriend.. he has overstayed for at least 2 years now. My questions are:

1. How much fine that he needs to pay to update his passport?
2. If he wants to go back to Nigeria, will he be banned from entering Malaysia?
3. How long is the banned?
4. Where can he update his passport if he wants to stay longer in Malaysia? 

Thank you.
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answered on Apr 23, 2017 at 21:14
by   Singapore KL fan
edited Apr 26, 2017 at 06:19
I'm a Singapore passport holder. I've been coming in to KL for almost 1 year now mainly because my girlfriend is in KL and I do freelance websites and just need a laptop for income. My clients come from Singapore. However I've noticed in recent months my entry and exit have come under heavy scrutiny as they suspect I am in KL for work as I always stay around 20 days at a time before I leave only to come back again. Today at the Johor Immigration as I am heading back to Singapore through coach. I got questioned again... And this time the Immigration Officer left her desk came back with a small white card, wrote something down before stamping my passport. 

Anyone have any idea what is that?
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answered on Apr 26, 2017 at 13:34
by   Zzzz
edited Aug 1, 2017 at 07:10
My Thai girlfriend from Satun was recently detained in an upscale club in Mont Kiara by Putrajaya Immigration for being suspected of working using her tourist visa. We were there to visit some friends and coincidentally it was Thai themed club. She visited me frequently almost every month with interval period of between 2-3 weeks before entering Malaysia.

Now she has been detained for almost 14 days and it seems that she will be blacklisted according to the Immigration Officer. I find it shocking since she just entered Malaysia for 6 days and prior to that she was in Thailand close to 3 weeks before entering Malaysia.

It's unfortunate that the premise could be hiring Thai illegal workers on tourist visas however I have provided proof that I am the sponsoring party with all previous flight tickets that I had purchased for her to the Immigration Officer. I have also issued a letter from my lawyer to clarify that I am her sponsoring party and demand for her release according to immigration Standard Operating Procedure (SOP).

I could understand being in the wrong place at wrong time however I do not agree if she is going to be blacklisted. The immigration should produce enough evidence beyond reasonable doubts for blacklisting a person with a valid tourist visa.  I am disappointed simply because she's Thai and was deemed to be on the wrong side. How should I appeal if she is being blacklisted in this case? 
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answered on Apr 26, 2017 at 13:51
by   manikam
edited Aug 1, 2017 at 07:10
What did your lawyer advise you?

If you have been sponsoring her all these trips, did you apply for the correct visa and visit pass?
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answered on Apr 26, 2017 at 21:43
by   Zzzz
edited Aug 1, 2017 at 07:15

She is here on a tourist visa because we recently got together. I have been sponsoring her for the last 6 months but unfortunately she was caught when I was planning to apply for a multiple entry visa or perhaps enrolling in a legitimate education institution such as the British Council to further her English study. My lawyer told me that it is not going to be easy to appeal the decision from the Director of Public Prosecutions (DPP) / Attorney General (AG) department. My only hopes is to continue dialogue with the immigration department and negotiate further for an appeal or perhaps visit the Director of Public Prosecutions (DPP) department. 
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answered on Apr 27, 2017 at 01:39
by   jeff005
Where is she now?
Have she been charged in court? For what offences? How many people are being charged together with her? Were you with her when the Immigration raided the place? If you are sponsoring her, where did she sleep? In your place or hotel? Are you living in a condo?

All your lawyer must prove that she is not working there. Just visiting friends or dining there. If no proof, the DPP can charge her but she can keep on denying working there. The most Immigration will do is to NTL her temporary from coming into Malaysia. If her working status in that club is established, there can be a 5 years BAN on re-entry.

How many people are being charged together with her? 
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