Punishable Offences & Penalties: Overstaying, Breach of Pass/Permit's Conditions & Harboring Illegals

Taken from Immigration Department of Malaysia (under Enforcement)

Overstaying in Malaysia

Offence: 
Living in Malaysia after a pass / permit has expired or revoked.

Violates: 
Section 15 (1) (c) Immigration Act 1959/63 (Act 155).

Penalty:
Section 15 (4) of the Immigration Act 1959/63 (Act 155) provides a fine of not less than RM 10,000 or imprisonment not exceeding 5 years or both.

Last Updated on Tuesday, 24 April 2012 02:28 by Immigration Department of Malaysia
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Violation of Conditions stipulated in the Pass/Permit

Offence: 
Working or Undertaking Activities That Are Contrary To the Conditions of the Issuance of a Pass or Permit. Breach of the pass, permit or border passes conditions

Violates: 
Rule 39 (b) Immigration Regulations 1963.

Penalty:
Upon conviction punishable by a fine not exceeding RM 1, 000 or imprisonment not exceeding six months or both.

Last Updated on Friday, 09 March 2012 02:13 by Immigration Department of Malaysia
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Involvement As An Employer Hiring /Harbouring Illegal Immigrants In The Premises

Offence:
The act of employing one or more persons other than citizens or Entry Permit holders who do not have a valid pass.

Violates: 
Section 55 B Immigration Act 1959/63

Penalty:

• A fine of not less than RM 10,000 but not more than RM 50,000 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.

Offence:
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.

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

Penalty:

• A fine of not less than RM 10,000 but not more than RM 50,000 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.

Offence: 
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.

Violates: 
Section 55E Immigration Act 1959/63

Penalty:

• A fine of not less than RM 5,000 but not more than RM 30,000 or imprisonment not exceeding 12 months or both for each illegal immigrant. 
• For the second offence, a fine of not less than RM 10,000 but not exceeding 2 years or both.

Last Updated on Tuesday, 24 April 2012 04:03 by Immigration Department of Malaysia
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What to expect if you choose to hire illegals

A photocopy of a fake passport. Spot the mistakes?

Ever since I wrote the post on How to apply for maid's JP visa yourself, I've received tons of comments and questions asking for advice. I'm no pro in this field but I try my best to help employers (and even maids/workers) who are clueless about the system. 

From all the comments and feedback, I gather that employers are getting more desperate due to the long waiting period and the steep agency fees which come without any guarantee that the new hire is going to be acceptable (chances of getting a good maid is 1%, thus acceptable is a better word). 

I also have workers who wrote in to me regarding their employers who insisted them to foot their own cost of work permit renewals, as high as RM 3,000! There were more complaints about maids these days too, from stealing to lying and runaways.

Due to all those problems, no doubt it gives rise to bogus agents who claim to be able to do illegal stuff in a legal way with a fraction of the cost. Some employers asked me, "Sounds too good to be true?". Of course! If you don't know already, there's no free lunch in this world. And these bogus agents love to target runaway maids who need new passports or work permits as much as a desperate employer who's urgently in need of a maid.

Here's a summary of the most common services provided by bogus agents:

• Overstay - Renewal of maid's work permit which has expired months or years ago without having to pay overstay penalty or face deportation. 
• Transfer of maid's work permit after her contract expires without having to go back to home country and serve the cooling off period of 3 months.
• Transfer of maid's work permit to a new employer after first year of service, and/or above 3 times. (FYI, a new maid is only allowed to do transfer in her first year of service but not more than 3 times.)
• Renewal of maid's expired passport and issuance of a new work permit under new employer's name.
• Issuance of new passport, complete with police report of lost passport and a new work permit under new employer's name.
• Provide temporary maid under other employer's name to you for more than 2 weeks.
• Free lancers (maids) who claim to have their own visa/work permits.

There you go. All the above are illegal and not do-able! So when some self proclaimed agent comes to you and offer some of the services stated above for a mere RM 5,000, run! If you're thinking twice (or trice) about trusting the bogus agent, let me highlight to you the consequences that may happen along the way.

Possible consequences (very likely to happen!):

• Fake work permit sticker (yes, it does exist!)
• Fake passport (also printable - see the pic above)
• Hiring a maid who doesn't has a work permit under your name violates Rule 39(b) Immigration Regulations 1963 (Malaysia) that upon conviction is punishable by a fine of not exceeding RM 1,000 or imprisonment not exceeding 6 months, or both.
• Maids who claim to have own work permits are illegals. They are either runaway maids or their work permits are fake. No other possibilities for sure. Harboring illegals are punishable under Section 55 B, Section 55 E and Section 56 (1)(d) of Immigration Act 1959/63 in Malaysia.
• Agent keeps asking for more payment along the process. No refund on previous amount paid if you decide to drop the application/renewal. Therefore, you have no choice but to keep paying since your maid's passport should be in agent's hand by now.
• Agent disappears with your maid's passport and the partial payment.
• Getting caught by the enforcer!

The worst part is you can't lodge a police report when any of that happens because you're paying for an illegal service in the first place. So no, don't hire through black market. Illegal maids and agents don't solve your problems, they will make it worse for you.

Read on the offences and penalties for overstaying, breach of pass/permit's conditions and harboring illegals here.

To hire a Filipino maid in Malaysia

With all the issues and new regulations on Indonesian maids, more and more employers are hiring maids from other countries, especially Philippines. For those who are considering Filipino maids, here's something for you to ponder.

From my experience, Filipinos maids are smarter but sometimes they are too smart to be bossed around. Most of them knows how to read and write. Like the one I recently hired, she has a thick story book in her room which she reads before bed time. And she also knows her rights, i.e. telling off the construction workers at my condo building because it was past 6 p.m and the renovation works were still going on.

In addition, our immigration requires Filipino maids to have a valid visa before coming over to Malaysia for work. Many of them came in through social visit pass, then they will keep on extending the social visit pass to a maximum of 3 times (with one month for each extension) until they find an employer here who is willing to pay for their work permit. That's when employer risks getting agents who are not so honest.

To hire a Filipino who is already here on social visit pass, you need an agent. Employers are not allowed to apply for a Filipino maid's work visa on his own, unlike Indonesian. And not every agent is willing to do it because it is not legal. The legal way is for the maid to apply for her work visa in her home country before coming over and the waiting time is about 3 months. The agent in Malaysia who is willing to do it for you will charge RM6,500 nett, or at least that's what they will say to you. In most cases (like mine) the RM6,500 does not include immigration levy which cost RM516, the extension of special pass which is RM350 for the first time and RM550 for the second time, although immigration only charges RM100 for each extension. Also, please note that the not-so-honest agents will purposely delay submission of documents so to earn more money from you via the extension fees. 

In the end, if you calculate the total cost of applying for a maid via the not-so-legal way is about RM7,916 which is almost the same as the legal way. An application through the legal way is RM12,000 (RM8,000 for the agent's fee and RM4,000 as maid's salary for the first 4 months). If you're not urgently in need of a maid, it's better to go through the legal way with a waiting period of 3 months. At least you don't have to worry about the agent running away with your money or the maid's passport, or even not picking up your calls when you need to ask for application status. Moreover, since you are applying for a work permit through a so called not-so-legal way, the agent does not provide a good service, e.g. you may have to meet the agent at his convenience and not yours, especially after you have made the payments to him! Plus, you have to chase really hard for the receipts of your payments and most likely you'll get a shabby looking kedai runcit a.k.a mini mart type of receipts with some weird company name on it.

Read more on 'What to expect if you choose to hire illegals' and 'Punishable Offences & Penalties'

Letter of Appeal to Immigration Department of Malaysia

Due to several requests I've received, here's a sample of Letter of Appeal (Surat Rayuan) for submission to the Malaysia Immigration Department if your maid enters Malaysia using a Social Visit Pass. Please double check with Immigration Department whether maids can still come in using social visit pass.
Hope this helps!

x

Date

Your name
Address

Ketua Pengarah
Jabatan Imigresen Malaysia
No. 15, Tingkat 2 (Podium)
Persiaran Perdana, Presint 2,
62550. Putrajaya.

Tuan,

PER: RAYUAN KELULUSAN (JP VISA) BAGI PEMBANTU RUMAH YANG TELAH BERADA DI MALAYSIA

Merujuk perkara di atas, saya merayu kepada pihak Tuan untuk mendapatkan kelulusan PRA yang telah berada di Malaysia. PRA yang dipohon bernama [name of maid] dengan passport Indonesia [passport no.] telah masuk dengan pas lawatan sosial pada [date of entry] melalui LCCT.

Saya amat memerlukan pembantu rumah untuk menjaga 2 orang anak saya yang masih kecil dan bersekolah kerana saya dan suami masing masing bekerja.

Bersama-sama ini saya kepilkan dokumen yang berkaitan. Saya memohon agar rayuan ini dapat dipertimbangkan dan mendapat kelulusan dari pihak Tuan. Kerjasama dari pihak Tuan saya dahului dengan ucapan ribuan terima kasih.

Sekian, terima kasih.

Yang benar,


NAME
I.C NO

How to apply for a maid's JP Visa / Work Permit by yourself?

I have been running like a chicken without head to our government immigration department for our maid's JP Visa application. It's not funny when 2 immigration officers tell you different things and you end up making endless trips to the immigration department because they keep telling you dokumen tak lengkap (incomplete documents). You can also forget about calling them for inquiries unless you have a secretary to do it for you or otherwise risk spiking your blood pressure.

If you are trying to save some valuable bucks on agency fees, here are some useful guidelines from my own experience.

#1: Get your maid into Malaysia through social visit pass (Reference Visa / Visa Dengan Rujukan is not required as at to date - but please check with immigration department again).
Note: There is a freeze in JP visa application recently until further notice by immigration. (updated on 4th May 2012)

#2: Get the forms ready.
You can either download the forms by clicking on the forms below or head to the nearest immigration department to get it for free. You'll need 1 copy of each unless stated otherwise. Please fill up the forms completely. Immigration will not entertain partially filled forms and you'll be asked to re-submit the forms once you complete them.

• Borang permohonan baru (PRA 1)
• Borang IM 12 (Visa pass application form)
• Borang Personal Bond -1 stamped* copy (RM10)
• Perjanjian Pekerjaan (Employment contract) - 2 original sets (stamped*) + 2 photocopied set
• Borang perakuan pembantu rumah asing beragama Islam bagi majikan yang menggaji PRA beragama Islam (Lampiran A) - for non-Muslim employers only
• Borang perakuan pengambilan pembantu rumah asing beragama Islam (Lampiran B) - for maids who are Muslim only
• Borang perakuan daripada majikan yang tidak menggunakan agensi berdaftar (Lampiran C)

Note: If the links above are broken, download the forms from immigration website (under the tab 'Dokumen yang diperlukan Permohonan PRA').

*Stamp duty can be obtained / done at Inland Revenues (LHDN) offices. Click here to view the list.

#3: Get ALL the required supporting documents ready.

• Maid's original passport + photocopy of the passport's first page and entry stamp page
• 2 passport sized photo your maid (1 for immigration, 1 for Fomema)
• A copy of your latest EPF / KWSP statement + a copy of your latest payslip (for 3 months), OR your latest e-BE income tax statement with payment receipt.
• Surat rayuan ( Letter of appeal) - a formal letter stating the reason you need a maid urgently.

You may apply for a maid under 1 of the 2 reasons stated below:
1. To care for your children below age 15, or
2. To care for your sick parents.

For reason no. 1, you'll need:

• Marriage certificate
• Child / children birth certificates
• Original and photocopy of your I.C
• Photocopy of your spouse's I.C
• 2 passport sized photo of yourself
• 1 passport sized photo of your spouse

For reason no. 2, you'll need:

• A doctor's letter confirming health of your parents
• Original and photocopy of your I.C
• Photocopy of both your parents' I.C
• 2 passport sized photo of yourself
 

#4: Submit the forms and supporting documents to immigration department.
From my experience, I suggest Putrajaya although it's a bit far but the officers there are friendlier and easier to deal with. The one we dealt with in Shah Alam gave us a set of forms to fill in but when we return for submission, another officer told us that the forms are outdated and requested us to fill up a new set. She wasn't helpful at all when we asked her what supporting documents the immigration requires and we were referred from counter to counter like fools.

Once your submission of forms is accepted, you'll be given an acknowledgement letter (surat akuan penerimaan). You'll be told to call the phone numbers stated in the letter after 7 days for the result of your application. If you happened to be like me, no one at the immigration picks up your calls (I swear I tried calling at different hours from early morning till late evening but to no avail), then call the general line and ask for 'Unit Pembantu Rumah'. Once your application has been approved, there is a payment of RM960 (Amount has been increased to RM1,031- see point #5 in red). Also, you need to do registration at Fomema which cost another RM190.

#5: Buy bank drafts.
Go to any banks and buy 3 separate bank drafts. The 3rd bank draft is optional (you can purchase it later).

• 1st bank draft is payable to Ketua Pengarah Imigresen Malaysia (RM 515).
• 2nd bank draft is payable to FOMEMA Sdn Bhd (RM 190).
• 3rd bank draft is also payable to Ketua Pengarah Imigresen Malaysia (RM 445) (Amount has been increased to RM516.) - Payment to be made if your maid passes her medical screening with Fomema.

#6: Go to the Immigration Department where you submitted all your forms to pay the 1st bank draft. You'll be issued an official receipt and a letter of approval.

#7: Get all the required documents ready before you proceed to Fomema for registration. See here for required documents and list of Fomema branches. In addition to that, you also need a photocopy of the official receipt (RM515) from immigration. It is also helpful to know which clinic you intend to bring your maid for her medical checkup. See list of panel clinics here.

Note: Medical report from country of origin is not required. Registration form can also be obtained from the information counter on the day of registration itself.

#8: Bring your maid for her medical checkup and x-ray.
Please be reminded to bring her original passport and the 3-ply forms with you. The x-ray center is usually located nearby the clinic. Results are usually out by 3 to 4 working days. You can check the results online through Fomema's website. To be on the safe side, go to immigration department the next day (1 day after the release of medical screening results) because Fomema transmits the medical result to immigration via online and sometimes unforeseen circumstances (e.g. system is down) may occur.

#9: If your maid passes her medical screening, proceed to the same immigration department with the 3rd bank draft in hand (RM 516). Bring along your maid's original passport!
If your maid fails her medical screening, you need to send your maid back to her home country.

#10: Congratulations! You have a legal maid working for you and now you'll have to deal with other potential problems that your maid might be giving you.
Oh wait!.... You need to open a bank account for your maid too. Make sure you bank in her monthly salary on time and keep the proof of bank-in and withdrawals (if any). This will facilitate her visa renewal in 9 months time (that's because you need to start renewing her visa 3 months before the expiry date).

xxx

Read more on 'What to expect if you choose to hire illegals'

Maids are maids because they're poor. They're not uneducated beings.

I came home from a massage to find my maid with a cook book. While I was happily eating my lunch on the table, she was on the floor flipping the pages while reading it aloud. Then she turned to me and said, "Ibu, mau coba ni sore nanti ngak?" (Would you like to try cooking this dish for dinner later?)

She never fails to amaze me. First, she knows how to read a cook book, all printed out in English. Second, she knows what ingredients we have in the fridge to try out that particular dish in the book. This shows that she understood the book's content.

I am absolutely impressed. By the way, did I mention that she's from a small kampung (village) 2 hours away from Jakarta and also, that her English pronunciation is much better than most of our fellow countrymen?