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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 Dec 14, 2016 at 22:31
by   jeff005
edited Jan 29, 2017 at 06:09
 
@Jovy

And I spent my time in jail almost 2 weeks.
Did immigration bring you to a court of law? You spent 2 weeks inside a jail or inside a detention camp? The police caught you in your working place?

5 years ago it was not so strict. There could be BAN of 3 or 5 years. You can check with the Malaysia Embassy at Metro Manila about your status.

Did the immigration take a biometric hand-print of 10 fingers when you leave Malaysia?

Please come into Malaysia legally and proper. Visit Malaysia, if you come looking for work, go thru proper channels. Apply thru agents from The Philippines first before coming here.
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answered on Dec 24, 2016 at 03:11
by   Siang
edited Jan 29, 2017 at 07:25
 
@jeff005

My mother in law, a Malaysian living in Singapore, holding long term Singapore visa. She has a maid who over stayed for 2 weeks. She got detained at Penang Airport upon leaving together with my Mother in law. She got detained, fined and deported to Indonesia. We looked after her welfare, paid her fines, escorting her from Penang to Indonesia then to Singapore where she held her work permit. It's our ignorance that landed her in such situation. Now she got a black list chop on her passport for a year.

Is there anyway that we can ask or apply for a waiver letter for a social visit to Malaysia should my mother in law decide to visit in the near future? 

Should we appeal her case to get the black list lifted as it's no fault of hers?

Where should we address the said letter to?
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answered on Dec 24, 2016 at 04:12
by   jeff005
edited Jan 29, 2017 at 07:28
 
@Siang

I do not think any appeals will be entertained, the letter will most probably be "lost".

One year is standard for 2 weeks overstay (so I was told by my ex-Indonesian workers).

By immigration procedures, she is actually "working" inside Malaysia which attracts a 3 year BAN. (Since your mother in law is a Penang resident). It does not matter whose fault. The penalties is on the name listed in the passport.

Please do not be taken in by Agents who claims that it can be appealed. You would be wasting time and moneys.
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answered on Dec 25, 2016 at 01:43
by   Siang
edited Jan 29, 2017 at 07:29
 
@ jeff005

That's so true. I've never taught of that. Taking care of mother in law while she's here is consider working in Malaysia. Since she is hired in Singapore, she can only look after her when mil is in Singapore. Not looking good then.
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answered on Jan 8, 2017 at 01:47
by   Leng
edited Jan 29, 2017 at 07:37
 
Sigh, here goes my story. 

My boyfriend and all his siblings are born and raised here in Sabah. His father is a permanent resident IC holder while the mother is a passport holder. Both are Filipinos. Years ago, his parents applied IC for him and his siblings. They received one letter stating that they have to wait for some period of time to receive their ICs. There is even an IC number provided on the letter. And so they waited for years and their passports are all expired.

Okay so last year (I think around June 2016), they went to the Jabatan Pendaftaran Negara (JPN) to ask about their ICs status. The officer checked and told them it was rejected, and if they didn't go to the office they wouldn't even know that it got rejected. So they stayed here illegally, and waited for the Philippines embassy to come to Kota Kinabalu, and they managed to get new Philippines' passport. So, his mother sent him and his sister to Philippines for a "vacation" (that's what she told them), where actually she planned of letting them stay there for good. They went to the Jabatan Imigresen Malaysia (JIM), and they paid for the special pass, and now that my boyfriend learned that his mother is not bringing them back here, is it possible for him to come back here in less than a month after he departed, with the passport that stamped with the special pass dates?

Sorry I talked to much. And how do I know if he is banned or not? Where do I check? Thanks!
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answered on Jan 8, 2017 at 02:23
by   jeff005
edited Jan 29, 2017 at 07:43
 
@Leng

Sorry I talked too much.
No dear, reassure you that you have given appropriate info for your query to be answered more accurately.

1. How old is your boyfriend? The sister?

to get new Philippines' passport.
These could be "temporary passports" which have validity date of 6 months and restricted travel.

There is even an IC number provided on the letter.
The number is given based on birth certificates date of birth, state code, whether male or female.

There is no relevance on MyKad application. The MyKad application is sure to failure as both parents are of Pinos Citizens. They should have applied for LTSVP, then Temporary PR, then PR. Later after 10 years of residing in Malaysia only "try" to apply for citizenship. The Father have done it before. He should know.

And so they waited for years and their passports are all expired.
Applicants carelessness, nobody to blame. Could have renew their passports before expiry. The other side is just a few hours legal boat trip.

They went to the Jabatan Imigresen Malaysia (JIM), and they paid for the special pass,
These special pass is one way exit. For sure a ban has been levied.

my boyfriend learned that his mother is not bringing them back here,
May not be intentional. They are aware there is a BAN on re-entry.

with the passport that stamped with the special pass dates?
Those types of passport is useless to travel to countries which requires visa application. Visa applications requires at least 6 months validity of passport. The date on the special pass is the last day you must leave the country.

And how do I know if he is banned or not? Where do I check?
Check in the passport pages AND/OR LAST page. Look for details of immigration stamps.

Samples are available in this thread:
https://www.lawyerment.com/answers/questions/11491/im-96-c-b-b6-stamped-on-my-passport-in-malaysia

You can go to his place to visit him LEGALLY.
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answered on Jan 8, 2017 at 13:40
by   Leng
edited Jan 29, 2017 at 07:55
 
@jeff005

Thanks for the quick reply! So glad you can give me answer to my curiousness. 

My boyfriend would be 21 years old and I think his sister is 22 or 23 years old. Their passports have validity of 5 years, same as my Malaysian passport. So is it possible for him to go to the nearest Malaysian Representatives office abroad in Metro Manila to apply for a social visit pass or any pass just to visit Malaysia if he is not banned? I read some articles about which country that requires visa to enter Malaysia but the Philippines is not listed. What if he just come here and visit for a few weeks, and go back to the Philippines afterwards like any other tourists that don't need visas? Can he do that? He told me, he never got out of Malaysia since he was born, so does his brother. His brother went to the Philippines once, and when they went to the Jabatan Imigresen Malaysia (JIM) for getting the special pass, his brother couldn't get the special pass because the officer told them that they can compound him for overstaying. But he did not mention anything about my boyfriend and his sister's passports, so only both of them went to the Philippines before the special pass date's due.

I have been looking for some clearer answer since last night till now but I am still not sure if he could come here as a tourist for a limited time. I called the JIM and the officer said there should be no problems of visiting Malaysia again, depending on the person in charge at the airport checkpoint. I am still not satisfied with his answer so here I am, just wanna make sure. I wanted to go there and see him but he told me not to because it is not safe there. I hope I did not annoy you for asking too many questions, I just need to clear my head since I haven't been sleeping since yesterday.

Thank you so much @jeff005. Looking forward for your reply. Have a nice day. 
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answered on Jan 8, 2017 at 13:46
by   Leng
edited Jan 29, 2017 at 07:58
 
I just read the thread that you provided, there is no stamp as such on his passport. Just the special pass stamp with dates. So he is not banned? 
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answered on Jan 8, 2017 at 16:50
by   jeff005
edited Jan 29, 2017 at 08:20
 
@ Leng

Just the special pass stamp with dates. So he is not banned?
Can get a clear copy of the stamp on the passport and post it here? You can only post pics here if you are a register member.

I prefer to answer in this forum as the info gain is for the benefit of those in the same boat (if any).

Normally for other migrants from other countries who enter West Malaysia and overstayed have immigration re-entry issues. I am not working for immigration, so, I cannot comment much more. Moreover R&R of immigration has been upgraded periodically at their discretion.

Cross border migration is the most relax between Sabah and Southern Philippines due to family ties. Did your boyfriend pay any fines for the special pass? 

waited for the Philippines embassy to come to Kota Kinabalu
Could mean that both sides immigrations have signed a MOU on special cases unknown to the public.

1. Did your boyfriend pay any fines for the special pass?
2. Which city/town is your boyfriend from?
3. It is not advisable to fly in to Kota Kinabalu yet. Wait for a 3 month "cooling period". Come by sea checkpoints legally. Make sure he brings all his Malaysian docs with him.
4. If you two are real serious about a relationship, do not break immigration laws again.

All I know is that there is no need now for Malaysians to apply for visa to visit Metro Manila. But if there is a special pass issue, it depends on the type of special pass issued... for overstaying or for extension of an existing social visit period. To fellow West Malaysians, we have always scratch our dandruff on how immigration procedures works in Sabah. The immigration officers there have at their discretion to decide at the checkpoints.

All my postings are with references to West Malaysia.

he told me not to because it is not safe there
He may be correct as you are Malaysian. Is he a Christian and in a Muslim community? You?
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answered on Jan 31, 2017 at 09:17
by   Ibrahim
edited Feb 15, 2017 at 07:28
 
My wife is an Indonesian and now living with me here at Kuala Lumpur. Its been 1 year and 8 month she overstayed in Malaysia. Is there any way for me to solve this issue. I've already ask immigration office but they not friendly talk with me. What should I do?
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