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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 27, 2017 at 18:21
by   chan
Mr @jeff005,

I had a maid. She came to Malaysia with social visit pass.
Later then my family tried to apply for her working permit.

During the process of applying permit, she failed FOMEMA due to her heart condition. She had heart condition before, and after some treatment, she is cured. She is healthy, but according to her X-ray, her heart is a bit bigger than normal.

Then we tried to appeal FOMEMA. During the appeal, her social visit pass expired. So we applied for extension from Immigration for the matter. Then the FOMEMA appeal got rejected.

So we decided to send her back to Indonesia. We bought her air ticket, paid her overstay fine, and she flew rightfully. The immigration officer told us she can come back anytime again with social visit pass.

Two months after that, we ask her to come back. This time we will process again her permit. We've bought her return air ticket (one month return ticket), and she flew back to KL yesterday.

However, she's denied from entering Malaysia by the immigration. Said that she's banned. She's being detained and the Immigration said she'll be deported the next morning.

Please advice:
1) How long is the ban for the first overstay?
2) Does the deportation due to yesterday's denied entry will affect the current ban (e.g ban will be longer etc etc.)?
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answered on Apr 27, 2017 at 20:34
by   jeff005
@ chan

The ban period would have been stated on the passport. Normally for her type of special case, there is definitely a BAN of at least 6 months unless otherwise stated and also depending the period of overstay (with or without application docs for work permit).

She is not deported but not able to land and has been/will be turned back to port of embarkation. No further penalty to her existing ban.

The immigration officer told us she can come back anytime again with social visit pass. 
The IO's, whether to be angry or pitiful of their job. Always tell those deportees the same story to pacify their emotions? Whose emotions?

Note.. There is no longer of any extension period of the FREE 30 days social visit pass. 6 years ago yes. So, your application for extension is futile. There is no appeal at FOMENA. When she have recovered, have to take new test at material time.
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answered on Apr 27, 2017 at 21:42
by   chan
edited Aug 1, 2017 at 07:17
 
@jeff005,

Thank you for the thorough and detailed explanation.

I've been to KLIA Immigration just now. They said she's still there. I've contacted her family in Indonesia, they said she's not there yet. So I guessed the Immigration is keeping her until there is plane to get her back maybe? Who'll be paying for the cost of going back to port of embarkation? I am so worried because I know if she's needed to pay, she'll have no money.

There is no appeal at FOMENA. When she have recovered, have to take new test at material time.
Oh my God, so what actually were we appealing? Because the result website clearly stated "Rayuan". She has recovered actually when she came in. Some suggested to redo FOMEMA at other panel clinic. Because different practitioner might have different opinion.

You know my family felt really guilty for dragging her to this situation.

Thank you.
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answered on Apr 28, 2017 at 03:41
by   jeff005
edited Aug 1, 2017 at 07:19
 
@ chan

Who'll be paying for the cost of going back to port of embarkation?
Traveler have to pay.
It is best you approach the Air Port Authorities and Immigration. Tell them you are willing to pay for her air tickets back. They have to allow you to see her for physical verification. Check with Immigration what is the actual reason for non entry. It may not because of any ban. It could be a Not To Land (NTL) because she may have told the officers that she came here to find work and not enough funds to prove her stay here. Maybe you can request to be her sponsor for this social visit.

The other way Immigration would do and can do is to make the carrier that bought her here and send back to place of origin. The Airport Authorities over the other side will detain her till her relatives comes up with the monies. The longer she is detained, the higher the "fees".

Oh my God, so what actually were we appealing?
Appeal for fun. Every government website would allow an "appeal" section, even court of laws. To have successful appeals.. try climbing up a 20 feet coconut tree.
Nothing to do with different opinions. The purpose is to standardized acceptable medical reports under FOMEMA. There is blood tests and ECG which may indicate heart irregularities. Cannot escape. There are medical conditions which is sure to be rejected.

The "appeal" can be for a second medical test within 14/30 days. It is not an appeal on the medical report, rather to be allow to submit a retest report. 

Just for info.. to send a dead Nepalese Foreign Worker back to home country can costs RM20,000 - RM30,000 to be paid by the employer..!! And not many carriers would do it..!! So employ a real healthy foreign worker.
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answered on Apr 29, 2017 at 03:26
by   Someone
I would like to get your opinion regarding my situation. I am 5 years banned from entering Malaysia, and it's been about 19 months. I didn't know that I was banned and I bought tickets eight months ago, and when I arrived at KLIA, they let me know that my name is blacklisted for five years and I couldn't enter Malaysia. They sent me back to my hometown. Since then I am finding legal ways to enter Malaysia. My Malaysian girlfriend submitted an appeal to the immigration department, but they have rejected it. Somebody, please let me know if there is a way as I heard that there are ways to enter. Thank you in advance.
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answered on May 2, 2017 at 12:40
by   chan
edited May 8, 2017 at 04:29
 
@jeff005,

Thank you for your reply. It has helped us so much. God bless you.
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answered on May 2, 2017 at 17:25
by   jeff005
edited May 8, 2017 at 04:32
 
@ Chan

Thank you very much for your blessings (which I hardly get). In return, I shall share this knowledge with you.

Read here first:
https://www.lawyerment.com/answers/questions/3504/voluntary-repatriation-of-indonesian-workers

It is hard to get a domestic worker to stay long with you. In special circumstances, some employers have "old" experienced domestic helper for special child or senior citizens. If you have "ban" issue, approach the company stated in my old posting "INTAN". Bring your ex worker thru them, they have the "technology" to do it legally. Just approach them with your ex maids details, they will contact her in Indonesia and will start the documentations there. There will first do a medical checkup over there, once done and approved, she will be send here for the local medical checkup at FOMEMA.

As for her heart condition, teach her to take care of her heart before the medical checkup in Indonesia. Do fasting for at least 3 days before the medical checkup. Meanwhile, do walking exercise for 30 minutes every morning and evening. This would regulate her heart beat and blood circulation which is often shown on medical reports. This is a good time to start searching for domestic workers as Ramadan is round the corner and the need for new batch of domestic workers from aboard. It is the Indonesia culture to go back for the Raya, some do not come back again after spending a few years here. Now is a good time to apply.

In your application do put a remark that you are not only bring in a "Domestic Helper" but a "Special Medical / Healthcare Giver" for special cases. For extension of work permit, this is a very strong reason, of course, with proof. With that, do take care of your foreign worker(s).

Good Luck Chan..
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answered on May 16, 2017 at 23:19
by   Goodbye21
edited Aug 1, 2017 at 07:30
 
@jeff005,

I was wondering if you could help me? My mom was on dependent pass and she overstayed for 6 days. She was caught when she was leaving the airport.

She absolutely wasn't aware as she thought that if the dependent pass expired she would still have the 1 month pass and my dad was to busy to go to the Immigration office at that time to renew her dependent pass, plus it was a public holiday so the Immigration office was closed.

The Immigration Officer told her that she will be fined RM500 and told to settle the matter in Kota Kinabalu since that's where her passport was issued. And let her catch her flight back home to Jakarta. If I'm not mistaken I hear the Immigration Officer said to fill Form 6 or B? I didn't hear them saying anything about her being banned, the immigration officer said that she can enter with social visit pass and renew her visa and on top of that pay the fine during the process.

I was wondering can we settle the fine in the Malaysian Embassy in Jakarta or do we have to come back to Malaysia to settle the fine? If lets say she was to enter Malaysia to settle her fine will the immigration allow her in? She was so traumatized by the event that she's kinda scared to come back to Malaysia again. My dad is working here. Thank you for your time.
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answered on May 17, 2017 at 00:11
by   jeff005
@ Goodbye21

Dependant Pass
By right this pass validity follows your father validity employment period. What happened?
This pass comes with Multiple Entry and not necessarily a 30 days stay limited period. Too busy and public hols is no excuse for immigration overstay. Could be some error somewhere at the counter, maybe someone stamped a social visit pass of 30 days on the pages. People should learn to check the stamping on passport before leaving the immigration area. When she came into Malaysia, which Airport? I am not clear about the Immigration Rules in Sabah and Sarawak. It appears over there are more lenient and more relax than West Malaysian Airports.

Where is your father working? In K.K.? Have to pay to Immigration Dept, not at Embassy. I am not sure, but Immigration do have online services and payments nowadays.

But the fact they allow your mother to leave without paying first indicates there is no ban and is expecting her to come back again. But it is prudent to pay the fine first before coming in again with the proper docs in hands. No worries, she will not be arrested if she fly in again. The most pay the fine before coming in at the Immigration counters there(if any), the worst turn back. But bring enough moneys for the fines or ticket back.

If the "Dependant Pass" is issued in K.K., it is wise to enter Malaysia thru K.K. every time and exit same place. There might have "conditions" attached to the issuance of this pass.
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answered on May 17, 2017 at 00:23
by   jeff005
the immigration officer said that she can enter with social visit pass and re new her visa and on top of that pay the fine during the process. 
It simply means her yearly annual Dependant  Pass has expired.
It could not be renewed but have to make a new application It just costs more.
Before expiry date can renew, once expired, it is auto canceled. Best is your father go to the immigration office to enquire. Do take note any annual visa, employment pass, must be sent for renewals one month before expiry. Better still 2 months earlier.
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