# Seeking immigration advice



## gypsy amina (Sep 5, 2015)

Hi, I'm working in Malaysia but didn't see any visa yet by employer. I have been here 8 months now.
I'm told my passport is in immigration for the last 6 months. 
Each time I ask - It doesn't seem to materialise. 
What should I do? 
Should I be worried? 
Will I be stuck in this country and not be allowed to leave?

So many questions and so worried. Any realistic advice welcomed.


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## cvco (Mar 20, 2015)

Yes worry.

I dont know about your situation but what it sounds like is that you are a maid whose boss never applied for a visa, just kept your passport to say its in immigration and also to keep you from leaving. The normal processing time for a visa is less than 45 days, sometimes just 15 days, so yes something is wrong. 

Ask again for your passport and if any resistance, go to the police and report your story. But mind you, when you do that you are also admitting to working illegally and could be detained, fined and even deported. You should have had the visa BEFORE you started work and kept the passport in your possession at all times as its your responsibility. Eight months working with no visa puts both you and the boss in much difficulty--fines for both.

What is your job? Who do you work for, a company or a person? Did you ever deal with an agent? Who exactly took your passport? Did you ever see any official paperwork for the visa application?


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## Asian Spirit (Mar 1, 2010)

gypsy amina said:


> Hi, I'm working in Malaysia but didn't see any visa yet by employer. I have been here 8 months now.
> I'm told my passport is in immigration for the last 6 months.
> Each time I ask - It doesn't seem to materialise.
> What should I do?
> ...





cvco said:


> Yes worry.
> 
> I dont know about your situation but what it sounds like is that you are a maid whose boss never applied for a visa, just kept your passport to say its in immigration and also to keep you from leaving. The normal processing time for a visa is less than 45 days, sometimes just 15 days, so yes something is wrong.
> 
> ...


CVCO, That's good advice. If this individual runs the risk of legal issues with the police, I would tell him/her to first go IN PERSON to your embassy and ask for ideas, help and or assistance in resolving the passport problem.
Most embassy's have are able to supply you with a new passport (even free) if needed to be able to eave a country. So start at your embassy first..


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## cvco (Mar 20, 2015)

Jet Lag I agree. But ............

Its a sticky situation because speaking up puts you in jeopardy. If that person goes to the embassy, its not to say what happened, its to simply say you lost your passport and you get a new one. Fine, but now you are working and still have no visa. If I were that person I would first ask a final time about the existing passport and if any problem, then to the embassy, new passport and quit the job immediately and go. The old passport will be of no use to the criminal boss since its been invalidated and the person is free to look for a new employer--who hopefully will do things right the next time.

In all cases though, I wouldnt continue in this job, even with a new passport because the risks are huge. So that said, I will revise my advice to say its a bad idea to go to the police and risk unwarranted attention. In Malaysia, any person making a report is also a suspect and the easy way for the police to close the case is simply to arrest the non-visa worker and not even disturb the boss at all. They would only go to the boss if they thought they could collect the RM10,000 fine but its possible they wont since they already have you. I dont understand the logic but thats how it is.

To repeat something, if the person tells the embassy what happened, the passport is not truly lost and the embassy may ask for a police report. (If you are a US citizen, you must bring a police report with the new application). This means should the person need to go to the police first, what are you going to tell them? Fine, say you lost it while swimming, but as a foreign worker they may ask about your visa validity and then BAM, they catch you.

oh *<Snip>*.......uh-oh...bad news....how long was this, 8 months already? Without a visa for 8 months means the person is an overstayer and its sure to mean jail-detention right now. This means the poster cannot go to the embassy which will require a police report because it means admitting to police about being an overstayer and that means arrest. Why? Because the police will say you should have known, the visa and passport are your responsibility, etc. This means going to a lawyer first who may be able to make an application to the police to attempt to avoid arrest. The police would otherwise be required to turn the poster over to immigration staff and then its straight to detention where the poster will rot while it gets sorted out--if ever.

So to sum up for now, the boss is the same as a criminal sweat shop hooligan human trafficker who has the goods on the worker. Worker cant complain because it means jail. But when caught, all suffer the consequences. The poster should never have let it get this bad and this long but too late now. Even if the boss hands over the passport now, its still overstaying unless there is the visa sticker inside. The poster has to confirm there is or is not a visa from the beginning and if not, no help in here, get to a lawyer. Do NOT go to the police or embassy unless a lawyer instructs you.

A case can be made to not even reveal a situation like this online.


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## cvco (Mar 20, 2015)

If my post seemed extreme, I do know expats who have been detained for visa problems and overstaying.

Years ago i was nearly detained at the airport for leaving Malaysia on the day of my visa expiration. Visa said 3 months. On 9 March I was at the airport. Does anyone see a problem? Well they did and grabbed me right out of the line and I was sent to an office for questioning. They said I was at least 3 days overstayed. How? Its the way they counted "3 months" which could be 88-90-92 days, whatever. They say I counted wrong and eventually a supervisor let me go. Then I had to argue with Air Asia to board the plane late. Later, Immigration revised visas to say 90 days, then again revised rules to actually state the expiry date in the passport, handwritten and signed.

Point being, even in an honest mistake, good intentions, you can still be detained and that day they were ready to. The same thing once happened going to Singapore, that was really a mess. They are extremely sensitive to overstaying and do NOT like that people disrespect the rules. It makes them feel small in your eyes and they can easily retaliate. So, yeah, for 8 months, and working no less, I pity such a person. Be careful!


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