Dasar Privasi

Staying In Malaysia Beyond The Approved Period

Staying in Malaysia beyond the period allowed is a violation of section 15(1)(c) of the Immigration Act 1959/63, an offence under section 15(4) of the Act.

1. Requirements Checklist

When dealing with the Malaysia Immigration Enforcement Division, please bring along the originals and copies of the following documents:

i. Passport / travel document (all pages are intact);
ii. Police report (in the case of lost passport);
iii. Any evidence of overstaying;
iv. Plane / bus / ferry ticket (depart within 7 days)

2. Additional Requirements for Employers

i. Employer needs to be present along with the employee;
ii. Cover letter (for company);
iii. Business license / registration of the company;
iv. Identity card (Mycard / Yellow Card / Employee Card);
v. Memo reference from BPA / VPP / BPP / MIDA (If applicable)

Note:

BPA-Foreign Workers Division, Immigration Department Malaysia
BPP-Employment Pass Division, Immigration Department Malaysia
VPP-Visa, Pass and Permit Division, Immigration Department Malaysia
MIDA- Malaysian Industrial Development Authority

3. Offence:
Section 15 (1) (c) Immigration Act 1959/63 (Act 155).
Living in Malaysia after a pass / permit has expired or revoked.

4. Penalty
Section 15 (4) of the Immigration Act 1959/63 (Act 155) provides a fine of not less than RM10,000 or imprisonment not exceeding 5 years or both.

Compound
Compounding is an alternative punishment for the offence. It is made under the Immigration Regulations (Compounding Offences) 2003 in accordance with the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155).

YOU DO NOT HAVE A VALID PASS OR PERMIT TO STAY IN MALAYSIA

Living and staying in Malaysia without a valid pass or permit is an offence under section 6(3) of the Immigration Act 1959/63 (Act 155). It is a violation of section 6(1)(c) of the Act.

Necessary Steps to take:
i. Surrender immediately to the Enforcement Division, Immigration Department of Malaysia;
ii. Do not use the service of middlemen or agents;
iii. Give full cooperation during the investigation and recording of statements by an Immigration Officer.

Offence:
Section 6(3) Immigration Act 1959/63 (Act 155).
Living in Malaysia (for non- Malaysian citizens) without a valid pass or permit is a criminal offence.

Penalty
Upon conviction, punishable by a fine of not more than RM10,000 or imprisonment not exceeding five years or both and shall also be liable to whipping of not more than 6 strokes.

Loss Of Passport / Travel Document In Malaysia

1. Necessary Steps to take :
i. Surrender immediately to the Enforcement Division, Immigration Department of Malaysia;
ii. Bring along items as per checklist
iii. Do not use the service of middlemen or agents;
iv. Give full cooperation during the investigation and recording of statements by an Immigration Officer.

2. Requirements Checklist
When dealing with the Malaysian Immigration Enforcement Division, please bring along the original documents and copies of the following:

i. Passport number / copy of the lost passport / travel document;
ii. New Passport / Travel Document;
iii.Police report;
iv.Plane / bus / ferry ticket (depart within 7 days)

3. Additional Requirements:
i. Any evidence of entry (land passes/tickets/list of passengers);
ii. Certificate from the Embassy;
iii.Copy of pass / previous document (if any);
iv.Memo reference from the BPA/BPP/VPP/MIDA (if applicable).

4. Payment:
The Special Pass.can be re-issued upon payment of RM100

Note:
BPA-Foreign Workers Division, Immigration Department of Malaysia
BPP-Employment Pass Division, Immigration Department of Malaysia
VPP-Visa, Pass and Permit Division, Immigration Department of Malaysia
MIDA- Malaysian Industrial Development Authority

STILL IN MALAYSIA AFTER A PASS OR PERMIT REVOKED BY THE DIRECTOR GENERAL OF IMMIGRATION, MALAYSIA

The actions could be taken:
i. Surrender immediately to the Enforcement Division, Immigration Department of Malaysia;
ii. Do not use the service of middlemen or agents;
iii. Give full cooperation during the investigation and recording of statements by an Immigration Officer.

Offence:
Section 9 of the Immigration Act 1959/63 (Act 155)
Enter and stay in Malaysia after a pass or permit revoked by the Director General of Immigration, Malaysia.

Penalties
Upon conviction is punishable to a fine not exceeding RM10,000 or imprisonment not exceeding five years or both

HAVING IN POSSESSION OF ANY ENTRY PERMIT, PASS OR CERTIFICATE THAT THE DOCUMENT IS FALSE OR ALTERED OR ARE INVOLVED IN THE MAKING, FALSIFY OR ALTER AN ENDORSEMENT OR DOCUMENT

Uses or without lawful authority has in his possession any Entry Permit, Pass, Domestic Travel Document or Certificate is false, as amended by illegal or unusual, or other such documents issued in any such endorsement been falsified or altered in violation of law is a violation of section 56 (1) (l) Immigration Act 1959/63 (Act 155) and section 12 (1) (a) Passport Act 1966 (Act 150).

Penalties
Section 56 (1) (aa) of the Immigration Act 1959/63 (Act 155).

Upon conviction is punishable to a fine of not more than RM10, 000 or imprisonment not exceeding 5 years.

Or

Section 12 (1) Passport Act 1966 (Act 150).

Upon conviction is punishable to a fine of not more than RM10, 000 or imprisonment not exceeding five years or both

Regulation 39(b) Immigration Regulations 1963.

Offence:
Breach of the pass, permit or border pass conditions

Penalty:
Upon conviction punishable by a fine not exceeding RM1, 000 or imprisonment not exceeding six months or both.

Prohibited Immigrant

1. A Prohibited immigrant is any person who, in the opinion of the Director General –

Is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen

2. Subject to any exemption granted under section 55 –

no prohibited immigrant who is a member of the prohibited class defined in paragraph (3)(o) shall enter Malaysia or, where he becomes a member of such a prohibited class after he has entered Malaysia, remains in Malaysia; and

no other prohibited immigrant shall enter Malaysia, unless he is in possession of a valid Pass issued to a prohibited immigrant under specific regulations made under this Act.

3. The following persons are classified as prohibited immigrants :

1. Any person who is unable to show that he has the means of supporting himself and his dependants (if any) or that he has definite employment awaiting him or who is likely to become a pauper or a burden to the public;
2. Any person who suffers from mental disorder or mental defect, or suffers from a contagious disease which makes his presence in Malaysia a danger to the community;
3. Any person who refuses to undergo a medical examination after being required to do so by an Immigration Officer;
4. Any person who has been convicted in any country or state of any offence and sentenced to imprisonment for any term, and has not received a free pardon and by reason of the circumstances connected with the conviction is deemed by the Director General to be an undesirable immigrant;
5. Any person who is a prostitute or who is living or receiving the proceeds of prostitution or has lived on or received the proceeds of prostitution prior to entering Malaysia
6. Any person who procures or attempts to bring prostitutes or women or girls into Malaysia for the purpose of prostitution or other immoral purpose;
7. Any person who is a vagrant or habitual beggar;
8. Any person whose entry into Malaysia was unlawful under this or any written law enforced at that time;
9. Anyone who believes in or advocates the overthrow of any government, constituted law or authority in Malaysia by force or violence or who disbelieves in or is opposed to the established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;
10. Anyone who is a member of or is affiliated with any organisation that entertains or teaches disbelief in or opposition to the established government or advocates or teaches the need for unlawful assaulting or killing of any official, specific or general, or of any government in Malaysia or any established government or advocates or teaches the unlawful destruction of property.
11. Anyone who as a result of reliable unfavourable information received from any source, from any government, through official or diplomatic channels, is deemed by the Minister to be an undesirable immigrant;
12. Anyone who has been removed from any country or state by the government of that country or state on repatriation grounds, by reason of the circumstances connected therewith, is deemed by the Director General to be an undesirable immigrant;
13. Anyone who, being required by any written law to be in possession of valid travel documents, is not in possession of such documents or is in possession of forged documents;
14. The family and dependants of a prohibited immigrant;
15. Any member of a class of persons, against whom an order to cancel any pass or permit has been made.

4. The burden of proof on the person asserting the claim that he is not a prohibited immigrant seeking to enter Malaysia shall lie upon that person.

5. Subject to any exemption granted under section 55, any prohibited immigrant entering Malaysia other than in accordance with a valid Pass lawfully issued to him, shall be guilty of an offence against this Act.

6. Except where a person is a prohibited immigrant under paragraph (3)(o), any person in possession of a Permit issued to him under this Act who, upon his arrival in Malaysia, is refused permission to enter upon the grounds that he is a prohibited immigrant, may appeal against the refusal within a stipulated time and manner, to the Minister, whose decision shall be final:

Notwithstanding sections 24 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless he is released on a Pass issued at the discretion of the Director General for surety reasons or otherwise as the Director General may deem fit.

For an appeal from a person in an East Malaysian State in certain circumstances see para. 6(1) (a), subsections (5) and (6), Immigration (Transitional Provisions) Order 1963 (F.L.N. 226/63).

Involvement In Human Trafficking And Smuggling Of Migrants

1. Human Trafficking
Human trafficking  refers to any act that involves the acquisition or the retention of employment or service of a person through coercion, and includes the act of recruiting, transporting, transferring, protecting, providing or accepting a person for the purpose of exploitation.

Exploitation refers to any form of sexual exploitation, forced work or services, slavery, practices similar to slavery, or any activity that contravenes the law or human organ transplants (Section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007)

2. Smuggling of Migrants
Smuggling of migrants means arranging, facilitating or planning, directly or indirectly, any unauthorised entry into or through a country, or an unauthorised exit of those who are not citizens or permanent residents of that country. It also means either knowing or having reason to believe that the entry or exit process of that person  is not valid. It is the recruiting, transporting, transferring, concealing, harbouring or providing any assistance or services for the purpose of performing the acts referred to above. (Section 2 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007)

3. ENFORCEMENT AGENCY

Royal Malaysia Police
Tel. No.: 603 – 2115 9999

Immigration Department Malaysia
Tel. No.: 603 – 8880 1298
Tel. No.: 603 – 8880 1555 / 1556

Royal Malaysian Customs Department
Tel. No.: 603 – 8882 2101

Malaysian Maritime Enforcement Agency
Tel. No.: 603 – 8943 4001

Section 55B Immigration Act 1959/63
The act of employing one or more persons other than citizens or Entry Permit holders who do not have a valid pass.

Penalty:
A fine of not less than RM10, 000 but not more than RM50, 000 or imprisonment not exceeding 12 months or both for each illegal immigrant under his employ.
A person who employs more than 5 illegal immigrants at the same time is liable to imprisonment of not less than 6 months but not more than 5 years and is subject to whipping of not more than 6 strokes.

Section 56 (1) (d) Immigration Act 1959/63

A person shall not knowingly harbour any person whom he knows or has reasonable grounds for supposing to have contravened the Immigration Act 1959/63.

Penalty
A fine of not less than RM10, 000 but not more than RM50, 000 is imposed on the offender who harbours an illegal immigrant. A person who harbours more than 5 illegal immigrants at the same time is liable to imprisonment of not less than 6 months but not more than 5 years and is subject to whipping of not more than 6 strokes.

Section 55E Immigration Act 1959/63
Any person (occupier) who allows any illegal immigrant (PATI) to enter or stay in the premises where he has direct interest and control as a supervisor or manager.

Penalty
A fine of not less than RM5, 000 but not more than RM30, 000 or imprisonment not exceeding 12 months or both for each illegal immigrant. For the second offence, a fine of not less than RM10, 000 but not exceeding 2 years or both.

HAVING A CHILD/CHILD OF A FOREIGNER BORN IN MALAYSIA AND FAILED TO SHOW A VALID PASS OR PERMIT TO STAY IN MALAYSIA

All foreign nationals, including children who reside in Malaysia must have a valid pass or permit lawfully issued to him. Failure in this case resulting in a breach of section 6 (3) Immigration Act 1959/63 (Act 155) makes a person belong to the illegal immigrants under subsection 8 (3) (h) of the same act and face the risk of legal action and expelled from Malaysia.

Actions that have to do if your child belongs in this category:
1. Report immediately to the Enforcement Division, Immigration Department of Malaysia;
2. Do not use the services of middlemen or agents;
3. Please bring the following items (original and copy):
i. Birth certificate (SPC);
ii. Passport / Travel Document New children;
iii. Police Report (for the case of the missing passport );
iv. Plane ticket / bus / ferry to get out of Malaysia (depart within 7 days).
4. Provide cooperation during the investigation and recording of statements taken by an Immigration Officer.

Section 6 (1) (c) Immigration Act 1959/63
Living in Malaysia without a valid pass/permit.

Penalties
Section 6 (3) Immigration Act 1959/63 (Act 155).
A fine of not more than RM10, 000.00 or imprisonment not exceeding five years or both and shall also be liable to whipping of not more than 6 strokes.

Compound
Compound is an alternative punishment for the offense. It is made under the Immigration Regulations (Compounding Offences) 2003 in accordance with the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155).

[Other offences subject to compound…….]

Additional Requirements for Parents:
1. Parents attend with children;
2. Passport / Travel Document mother or father;
3. Marriage certificate of parents;
4. Certificate of citizenship from the embassy;
5. Memo reference of the BPA/BPP/VPP/MIDA (if applicable).

Note:
BPA-Foreign Workers Division, Immigration Department of Malaysia
BPP-Employment Pass Division, Immigration Department of Malaysia
VPP-Visa, Pass and Permit Division, Immigration Department of Malaysia
MIDA- Malaysian Industrial Development Authority