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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33324
Experience:  25 years hight street experience
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My fiancée has overstayed in Malaysia + months due to her

Customer Question

My fiancée has overstayed in Malaysia for 6+ months due to her own illness and that of her sons. In this time I have funded the hospital fees and paid her debts incurred with the landlord. She now finds that she is unable to return home. What options are available to us?
Submitted: 5 months ago.
Category: UK Immigration Law
Expert:  GSenmartin replied 5 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Why isn't she able to return home? How much have you already sent? Have you met your fiancée in person before or only over the internet, Skype, etc.?

Customer: replied 5 months ago.
She lives with me, when to Malaysia for pleasure and then she fell ill, then her son did. They are both Dutch nationals. During this time off illness rent debt was incurred which has been cleared. Her visa was for 1 month but has no overstayed for 6+ months.
Expert:  GSenmartin replied 5 months ago.

And where are you trying to get her to?

Customer: replied 5 months ago.
To where we live in the UK
Expert:  GSenmartin replied 5 months ago.

Ok. Your question ended up in the U.S. immigration law forum and most of these types of questions are romance scams, but since you have met her in person and lived with her, we can pretty much assume that it is not a scam. What I will do is opt out and have your question transferred to the UK immigration forum. It may take a little bit of time (not sure how long) but do not worry, your deposit has not been used. Sorry for the inconvenience.

Customer: replied 5 months ago.
OK, thanks
Expert:  Clare replied 5 months ago.

Thank you for your question

What nationality is she and how long have you lived together?

Customer: replied 5 months ago.
She is Dutch and one year
Expert:  Clare replied 5 months ago.

Why can she not return now?

Customer: replied 5 months ago.
As she and her son have been ill and hospitalised they are a number of months over the visa allowance. Immigration are saying we need to pay a heavy fine and need to wait for the case to be heard. Dom the research I've done it appears that payment of RM3,000 with valid tickets should permit her and her son to return home
Expert:  Clare replied 5 months ago.

have you spoken to the Embassy?

Customer: replied 5 months ago.
She is planning to go to the Dutch embassy in Kuala Lumpar today
Expert:  Clare replied 5 months ago.

May I ask why she has not gone before now?

Customer: replied 5 months ago.
She was in hospital for over a month and then her son feel ill and was in a life threatening situation and hospitalised. During this time her landlord held her passport. Once the rent arreas were cleared she had her passport returned, early this week, and only then did she realise the visa issue
Expert:  Clare replied 5 months ago.

I am sorry I had not realised she had been that poorly.

Her only option is the Embassy who will assist her in arranging her return home.

Malaysia will not hold her if she wishes to leave

Clare

Customer: replied 5 months ago.
Does it sound right that they are trying to say she has to pay RM77,000 as a fine for her and our son? Where the official web-site state a maximum of RM10,000
Expert:  Clare replied 5 months ago.

No it does not sound right at all.

Customer: replied 5 months ago.
The embassy in Kuala Lumpa are useless, do you have any suggestions. Would fine normally apply to a child (our son is only 8). We can afford to pay RM10,000. She is feeling very stressed and intimidated by the immigration staff. Is there any legal reason why if we pay the RM10,000 they would prevent her and our son, returning home?
Expert:  Clare replied 5 months ago.

Has she actually been to the Embassy?

Have you spoken to them?

Just for clarity - your fiancee and her son have been living in the UK until this visit?

Customer: replied 5 months ago.
I've not spoken to the embassy but my fiancee has.My fiancee and son is a Dutch national so visit the Dutch embassy. And yes she and her son lived with me before her visit. Upon her return we were planning for them commence becoming UK citizens.
Expert:  Clare replied 5 months ago.

How long has she lived in the UK in total (trying to see if you can involve ur embassy)

Customer: replied 5 months ago.
Before she went to Malaysia 6 months, before that in the USA for a number of years. She only holds Dutch citizenship, though her son holds both Dutch & US
Expert:  Clare replied 5 months ago.

Then she needs to contact the Us embassy - they have a very robust approach and should be able to ensure that any fine is limited

I would suggest that you email the embassy yourself giving all the details

https://my.usembassy.gov/u-s-citizen-services/

It may also be worth emailing the Dutch Embassy and expressing your concerns

http://malaysia.nlembassy.org/organization/locations/embassy-in-kuala-lumpur.html

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