COVID-19: Immigration Update

  1. Immigration Service Counters and Transactions Post MCO
The Immigration Department has on 12 May 2020 issued several updates on Frequently Asked Questions (FAQs) relating to Immigration Service Counters and transactions post Movement Control Order (“MCO”). The MCO period stated herein refers to the period from 18 March 2020 to 3 May 2020. The salient points, amongst others, are: -
 
  1. Advice for foreign nationals whose Long Term Pass or Social Visit Pass expired before or during MCO and who did not manage to renew it during MCO:
Long Term Pass
Foreign nationals holding expired Long Term Pass are requested to present themselves at the nearest Immigration Office for validation and facilitation of the Pass in accordance with Immigration rules within 30 working days of expiry of MCO.

Social Visit Pass
Foreign nationals holding expired Social Visit Pass who are unable to exit Malaysia with 14 days after expiry of MCO should present themselves at the nearest Immigration Office within 30 working days of expiry of MCO for facilitation subject to a supporting letter from their respective embassy.
 
  1. Advice for foreign nationals whose passes have expired and are planning to exit Malaysia:
Foreign nationals whose passes have expired from January 2020 onwards, and have obtained passage to return to their home country within 14 days after expiry of MCO, are exempted from immigration pass facilitation as referred to above; and thus will be able to exit the country without penalties. However, this does not apply to foreign nationals who are holders of the Visit Pass (Temporary Employment).
Categories.jpg
  1. Procedures for Visa and Passes Management post-MCO
In addition, the Immigration Department has also issued an administrative order relating to management of visa and passes post-MCO (“Administrative Order”) which sets out the guidelines for each category of pass holder.

 
  1. Operation, Investigation and Prosecution Division
  1. Services provided by Operation, Investigation and Prosecution Division:
  1. Overstayed before 1 January 2020 (Voluntary surrender)
  2. Children of foreign nationals born in Malaysia
  3. Lost passport (foreign nationals)
  4. Others (Special Pass for Court Cases and compound payments)
  1. The Operation, Investigation and Prosecution Division only accept customers on appointment basis. Appointment can be made through the Sistem Temujanji Online (STO) at http://sto.imi.gov.my. 

  2. For those who have overstayed before 1 January 2020, voluntary surrender may be done my making an appointment through STO and upon obtaining the appointment slip, original documents and copies of the following documents must be submitted: -
  1. Valid passport / travel document (original and copy)
  2. Proof of entry to Malaysia (flight / ferry / bus tickets)
  3. Return tickets
  4. Additional documents (letter from embassy/ hospital letters/ other documents if applicable)
Reference from other divisions: -
  1. Valid passport / travel document (original and copy)
  2. Memo from respective divisions (Foreign Workers/ Visa, Pass & Permit/ Expatriate Service)
  3. Company documents - SSM/ EPF of company representatives/ letter of authority/ Employer and representative IC (if applicable)
  4. Marriage Certificate/ Marriage Registration/ birth certificate and proof of relationship/ guarantor identification card or passport (if applicable)
  5. Other related documents
  1. For other documentation requirements under services provided by Operation, Investigation and Prosecution Division, please visit here for more details.
 
  1. MyHelp Online Appointment via ESD and RP-T System
As stated in the previous Immigration Alert on 5 May 2020, for services relating to Expatriate Services Division and Residence Pass -Talent (“RP-T”), the pass holders or companies are required to apply for MyHelp Online Appointment before proceeding with any passport/payment submissions and endorsement at the Expatriate Services Division, Immigration Office at Putrajaya or MYXpats Centre. The Immigration Department has issued a Frequently Asked Questions (FAQ): MyHelp Online Appointment via ESD and RP-T System to explain the application process through MyHelp Online Appointment.

For enquiries, please contact:
   
Foo Siew Li
Partner
foo.siewli@skrine.com

Sara Lau Der Yin
Senior Associate
sara.lau@skrine.com

Tan Su Ning
Senior Associate
tan.su.ning@skrine.com

For further updates and guidance on COVID-19 related legal issues, click here.