Malaysia: New Overstay Policies Introduced

The Immigration Department of Malaysia has introduced the Overstay Management Program, under which holders of Employment Passes and Dependent Passes who have overstayed up to 90 days are subject to fines without the need for referral to the Immigration Enforcement Division. The rates are set at MYR 30 per day for overstays between one and 30 days, MYR 1,000 for 31 to 60 days and MYR 2,000 for 61 to 90 days. Previously, overstays exceeding 30 days were referred to the Overstay Investigation Paper (OIP) process, while the Special Pass fee for non-OIP cases was reduced from MYR 100 to MYR 200 per application.    

Cases involving overstays of more than 90 days, repeat offences, Special Pass holders, or individuals with offence records or listed under the Suspect List are still referred to the Enforcement Division (which handles serious immigration violations and requires the company representative, foreign national and any dependents to be physically present at the immigration office during submission, as the process can be complex and intensive).      

To avoid any overstay incidents and the resulting penalties, the authorities strongly advise companies and pass holders to plan and submit renewal or extension applications at least three months before the pass expiry date.      

While the program is already implemented, it is important to note that only the Malaysia Digital Economy Corporation (MDEC) has released an official announcement so far. The Expatriate Services Division (ESD) has not yet issued a formal notice, but it is applying the same procedures already in practice.  

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].