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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
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Experience:  Immigration Law Expert
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We unknowingly had overstayed in Malaysia for 59 days, because

Customer Question

We unknowingly had overstayed in Malaysia for 59 days, because we had entered from Brunei via Sarawak, not realising that the visa was valid for 30 days only. As we wanted to leave country for the usual 90 day term, we were informed about the overstay because the stamp itself was blur and the officer found out only because of the computer records. How much fine do we have to pay and what are the consequences?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  N Cal Attorney replied 2 years ago.
http://travel.state.gov/travel/cis_pa_tw/cis/cis_960.html#criminal_penalties
states
Visa Overstays: Malaysian immigration authorities routinely detain foreigners who overstay their social visit passes (visas). In light of the arrests of several U.S. citizens in connection with immigration sweeps conducted by Malaysian police and immigration authorities, you should carry your passport (containing the Malaysian entry stamp) with you at all times. Depending upon the nature of the violation, detentions may last from a few hours to several weeks, pending a formal hearing. You should check your visa status periodically while in Malaysia and strictly follow immigration laws and regulations.

http://www.imi.gov.my/index.php?option=com_content&view=article&id=365&Itemid=196&lang=en
states
Offence:
Section 15 (1) (c) Immigration Act 1959/63 (Act 155).
Living in Malaysia after a pass / permit has expired or revoked.

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.

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=2061681
states
For tourists who overstay, they are normally charged RM100 a day.

There are immigration attorneys there listed at
http://www.hg.org/law-firms/Immigration/Malaysia.html

I hope this information is helpful.
Customer: replied 2 years ago.
Relist: Incomplete answer.
The information provided is common knowledge from the Immigration act, which does NOT address the question at all.
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, you asked, "How much fine do we have to pay and what are the consequences?"

The previous expert provided you the law, "Section 15 (1) (c) Immigration Act 1959/63 (Act 155).
Living in Malaysia after a pass / permit has expired or revoked.

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.

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=2061681
states
For tourists who overstay, they are normally charged RM100 a day."

Thus, if you have further questions, please ask them as the expert did tell you the penalty which was what you asked. Thank you for your understanding.
Customer: replied 2 years ago.
The question implied to find out what are the consequences, such as being barred from re-entering the country, deportation, and what actions can be taken to avoid those consequences. I am sorry that I am not satisfied with the answer but those are the points mattering. We live here since 5 years, having a residence. Our livelihood depends on that matter. Since this incident was caused by an unreadable stamp and the information about overstay were only visible for the immigration officer by the data in their computer system, we do not believe that we have caused that predicament, since we had already checked in to our flight for the usual 90 days visa run to the Philippines. We were also NOT informed that when entering Sabah from Sarawak, which is another state of Malaysia, only 30 days visa were issued. The usual procedure is to receive a 90 day visa and we were prepared and on the way to oblige to those procedures, as senseless as they are.

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