can i get work permit after overstayed

Hi Priya,

Once you are overstayed it impossible to get DP10 visa. Please refer to the following website for more information. http://www.imi.gov.my

RECRUITMENT TERMS AND CONDITIONS OF FOREIGN WORKERS

Only permitted to work in these sectors - Manufacturing, Construction, Plantation, Agriculture and Services;
Quota of foreign workers must be obtained by employers / companies from Ministry of Home Affairs, One Stop Centre (OSC);
Age of not less than 18 years and not more than 45 years at the time of application;
Certified  PASS for Immigration Security Clearance (ISC) at the source country; List of ISC Centres
Certified as fit and healthy by the approved medical centre in the source countries; List of medical centre
Not listed as foreign individuals who are prohibited from entering this country under Section 8 (3) of the Immigration Act 1959/1963; and
Foreign workers must come from approved source countries as below:
    Gender    SECTOR
Country    F    M
Thailand    /    /    
Cambodia    /    /      
Nepal    /    /    
Myanmar    /    /      
Laos    /    /    
Vietnam    /    /      All Sectors (Construction, Plantation, Agriculture, Services, Manufacturing)
Philippines    X    /
Pakistan    /    /    
Sri Lanka    /    /    
Turkmenistan    /    /    
Uzbekistan    /    /    
Kazakhstan    /    /    
India    /    /    ·       Construction (high tension cable only);
·       Services (goldsmith, wholesale/ retail, restaurant-cooks only, metal/ scrap materials and recycling, textiles and barbers);
·       Agriculture; and
Plantation
Indonesia    /    /    Male workers from Indonesia are allowed to work in all sectors except Manufacturing, while female workers from Indonesia are allowed to work in all sectors stipulated.
Bangladesh    /    /    Plantation via G to G agreement
APPLICATION PROCEDURES

Phase 1 (Pre Arrival )

-       Employers must first get the PASS Immigration Security Clearance (ISC) result at the ISC centre in the source countries.


-       Employers must first apply to the Immigration Department for a Visa with Reference (VDR) approval before employing foreign workers.

-       Application forms for VDR can be submitted either at the Immigration counters or online via e-Services system.

-       VDR application must follow this checklist:

·           VDR application form
·           Approval letter from Ministry of Home Affairs (Quota approval)
·           Original receipt of payment for levy
·           IM.12 and IM.38 Forms
·           Security bond - deposits / insurance guarantee / bank guarantee (insurance guarantee must be stamped and valid for at least 18 months )
·           Copy of the foreign workers’ passports
·           Latest photo of the foreign workers (passports size)
·           Medical certificates from the medical centre in origin countries (valid for 3 month from the date of issuance)
·           Foreign Worker Compensation Scheme (insurance)
·           Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) - Except for Plantation Sector

-       Foreign workers must remain in their respective countries while pending VDR approval from Malaysia Immigration Department.

Note: For Sabah and Sarawak, the approval for foreign worker’s employment is governed by the State Government accordingly.



Phase 2 (Post Arrival)

-       Foreign workers will only be allowed to enter the country at the authorized entry points using the VDR issued by the Immigration Department and entry visa issued by the Malaysian Attachés Office in the country of origin.

-       Employers must ensure that the clearance process of foreign workers at the entry points is done within 24 hours from the arrival time.

-       The issuance of Visit Pass (Temporary Employment) [VP(TE)] to the foreign workers will only be done after they have passed the FOMEMA medical examination within 30 days which can be done at any medical centres registered with FOMEMA.

-       VP(TE) will be issued once the foreign worker is certified fit by clinic/ medical centre registered with FOMEMA. Failing which, the foreign worker will not be allowed to stay and work in this country. Employers are required to apply for Check Out Memo for the repatriation of the foreign worker.

-       Issuance of VP(TE) shall be made at the Immigration Office which issued the VDR approval letter.


EXTENSION OF VP(TE)

-       VP(TE) is valid for a period of 12 months. Employers can apply for VP(TE) extension 3 months before the expiry date.

-       Employers must ensure the extension application is made before the VP(TE) expires. Any application submitted after the expiry date will be referred to the Immigration Enforcement Division for consideration.

-       Application of VP(TE) extension must adhere to this checklist :

·           Passport of the foreign worker is still valid for 12 months and above
·           Application letter to extend the VP(TE)
·           Identification document of employee/ company representative (SSM company / Form 49 / Form B & D / Card Company Representative / Form Company representatives have endorsed / copy of the employer 's identity card)
·           Security bond in a form of bank guarantee / insurance guarantee / deposit ( validity period of bank guarantee / insurance guarantee is at least 18 months )
·           Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) – except for plantation sector
·           Slip of Foreign Workers Compensation Scheme ( FWCS )
·           Foreign workers must undergo medical examination and certified fit by the clinic/ medical centre registered with FOMEMA (for 2nd and 3rd year extension only).
EMPLOYMENT PERIOD AND REPATRIATION


-       Foreign workers are allowed to work in this country on a yearly basis up to 10 years. However, those registered under the 6P Program is allowed to work up to 3 years only.

-       Upon completion or termination of employment, the employers must ensure that foreign workers are deported to their origin countries by using Check Out Memo. Security bond can be claimed provided the repatriation process is done accordingly through Check Out Memo.



FEES FOR VP(TE) EXTENSION 

The following fees must be paid to the Immigration Department for VP(TE) extension application:


SECTOR

LEVY (Peninsular)

LEVY (Sabah/ Sarawak)

VP(TE)

PROCESS

VISA

Manufacturing

RM1,850.00

RM1,010.00

RM60.00

RM125.00

Based on nationality

Construction

RM1,850.00

RM1,010.00

RM60.00

RM125.00

Plantation

RM640.00

RM590.00

RM60.00

RM125.00

Agriculture

RM640.00

RM410.00

RM60.00

RM125.00

Services

RM1,850.00

RM1,490.00

RM60.00

RM125.00

Services (island resort)

RM1,850.00

RM1,010.00

RM60.00

RM125.00


Table 1 : Rate of levy, VP(TE) and process fee based on different sectors



NATIONALITY

VISA (RM)

SECURITY BOND (RM)

Indonesia

15.00

250.00

Bangladesh

20.00

500.00

Pakistan

20.00

750.00

Myanmar

19.50

750.00

India

50.00

750.00

Philippines

36.00

1,000.00

Thailand

Gratis

250.00

Cambodia

20.00

250.00

Nepal

20.00

750.00

Vietnam

13.00

1,500.00

Sri Lanka

15.00

750.00

Table 2 : Rates of Visa and security bond based on nationality

-       Payment can be made in cash or bank drafts to the "Director General Of Immigration Malaysia".
-       For the state office, address it to the "Director Of Immigration of (the respective states)”. For example; Director Of Immigration Selangor)

-       Foreign workers who hold the VP(TE) permit must adhere to these conditions :

-        family members are not allowed to accompany or live in this country;
-        must not work as front liner;
-        change of employers or employment sectors is not allowed; and
-        marriage is prohibited with local or foreign citizens.


ABSCONDMENT OF FOREIGN WORKERS

-       Foreign workers can be categorized as absconded when:

-     leaving work place without notifying the employers with the intention to escape; and
-     not returning to work place after coming back from origin country

-       Employers are required to notify the Immigration Department for absconded cases and must provide these documents:

·      identification document of employer/company representative
·      Copy of foreign worker’s passport
·      Foreign worker absconded form
·     Valid police report

-       Foreign workers who commit the act of abscondment will be blacklisted by the Immigration Department.
-       Their security bonds will be confiscated as well.


FOREIGN WORKERS (COLOURED) IDENTITY CARD BY SECTORS OF EMPLOYMENT (i-KAD)

-       Foreign workers with valid VP(TE) will also be issued the i-Kad and its validity period is the same with the VP(TE).

-       The issuance of i-Kad does not incur any additional cost to the employers and it will be sent directly to the employer/company by the authorized vendor.

-       The issuance of i-Kad is based on 6 employment sectors allowed in this country and they are indicated by different colours, as follows:


SECTOR

COLOUR

Agriculture

Green

Plantation

Orange

Construction

Grey

Manufacturing

Maroon

Services

Yellow

Foreign Domestic Helper

Brown

Yes, it is impossible to get one.

Hii
I am come from india in calling visa .my visa is expired now i ththink.i live in over stay .can i apply for permit and visa please help me

arjur - why do you call it a "calling visa"? Did you have  job offer or do you have family living in Malaysia?

Anyone with a calling visa has to convert it before it expires.

Contact your embassy for guidance.

1. Can I get tourist visa immediately after expiration of my dependent visa?
2. When an EP holder is applying for an extension as special pass, can the dependent visa holder too get that extension?

Tourist visas are always obtained outside the destination country (unless there is an on arrival system for some nationals).

If the employer is going to extend the EP and there is insufficient time a Special Pass can be applied for by the employer. As the EP is linked to the DP it is feasible an application is made for both.

If the employer is not going to extend the EP i.e. end of contract its possible to get a 30 day extension by applying at the Putrajaya immigration office - same time as DP. This is granted to give time to finalise matters before departure for good.

Ok . I haven't mentioned that the dependent has left the country earlier. And is trying to enter the country when the EP holder is in extension.

Complicated. Perhaps best to return on a tourist visa after the DP has expired and get the new DP endorsed once the EP is approved as immigration will only see an expired DP on entry.  Passport has to be in country for an endorsement.

Thank you so much for the clarification. Again, should there be a gap between the DP expiration and the tourist visa ? Or the person can apply for tourist visa immediately after the DP expiration?

Can a person get EP approved after the special pass period?

Thats the point of the SP - it gives time to get the EP approval Stage I finalised. I don't think its possible to enter on an e-visa (tourist) and convert to a DP - but check that out with the Malaysian HC or Consulates in India.

Ok thank you so much for the clarification.

The employer is the best person to ask as they have direct contact with immigration - MDEC, etc. With the new government and after Ramadan and Eid I have heard there are delays due to large backlog which my affect what processes are being used right now.