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IMMIGRATION ACT 1955

The Malaysian Immigration is very strict about visa regulations and will not hesitate to punish those who take the rules lightly. If you do not have a single –entry visa for employment, then do not enter with a social visa to work in Malaysia. A lot of Indians have been promised by the India middlemen that once you enter Malaysia you can change your social visa to employments pass. It is not true and you can land into a lot of problem. It is also not advisable to enter Malaysia using plantation or agriculture work-permit to work in other sectors of employment. Therefore if you are a foreigner staying in Malaysia, do ensure that you comply with all the visa rules and regulations, and ensure that you have a valid visa at all times.

So, understand the Immigration law of Malaysia before entering Malaysia.

VIOLATION OF CONDITION STIPULATED IN THE PASS/PERMIT

Working or Undertaking Activities That Are Contrary To the Conditions of the Issuance of a Pass or Permit

Rule 39(b) Immigration Regulations 1963

Offence:

Breach of the pass, permit or border passes conditions

Penalty

Upon conviction punishable by a fine not exceeding RM1, 000 or imprisonment not exceeding six months or both.

STAYING IN MALAYSIA BEYOND THE APPROVAL PERIOD

Staying in Malaysia beyond the period allowed is a violation of section 15(1) (c) of the Immigration Act 1959/63, an offence under section 15(4) of the Act.

Offence

Section 15 (1) (c) Immigration Act 1959/63 (Act 155). Living in Malaysia after a pass / permit has expired or revoked.

Penalty

Section 15 (4) of the Immigration Act 1959/63 (Act 155) provides a fine of not less than RM10,000 or imprisonment not exceeding 5 years or both.

Compound

Compounding is an alternative punishment for the offence. It is made under the Immigration Regulations (Compounding Offences) 2003 in accordance with the powers conferred by section 54 of the Immigration Act 1959/63 (Act 155)

HAVING IN POSSESSION OF ANY ENTRY PERMIT, PASS OR CERTIFICATE THAT THE DOCUMENT IS FALSE OR ALTERED OR ARE INVOLVED IN THE MAKING, FALSIFY OR ALTER AN ENDORSEMENT OR DOCUMENT

Uses or without lawful authority has in his possession any Entry Permit, Pass, Domestic Travel Document or Certificate is false, as amended by illegal or unusual, or other such documents issued in any such endorsement been falsified or altered in violation of law is a violation of section 56 (1) (l) Immigration Act 1959/63 (Act 155) and section 12 (1) (a) Passport Act 1966 (Act 150).

Penalties

Section 56 (1) (aa) of the Immigration Act 1959/63 (Act 155).

Upon conviction is punishable to a fine of not more than RM10, 000 or imprisonment not exceeding 5 years. Or Section 12 (1) Passport Act 1966 (Act 150). Upon conviction is punishable to a fine of not more than RM10, 000 or imprisonment not exceeding five years

PROHIBTED IMMIGRANT

A Prohibited immigrant is any person who, in the opinion of the Director General - Is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen

Subject to any exemption granted under section 55 - no prohibited immigrant who is a member of the prohibited class defined in paragraph (3)(o) shall enter Malaysia or, where he becomes a member of such a prohibited class after he has entered Malaysia, remains in Malaysia; and no other prohibited immigrant shall enter Malaysia, unless he is in possession of a valid Pass issued to a prohibited immigrant under specific regulations made under this Act.

The following persons are classified as prohibited immigrants:

  • Any person who is unable to show that he has the means of supporting himself and his dependants (if any) or that he has definite employment awaiting him or who is likely to become a pauper or a burden to the public;
  • Any person who suffers from mental disorder or mental defect, or suffers from a contagious disease which makes his presence in Malaysia a danger to the community;
  • Any person who refuses to undergo a medical examination after being required to do so by an Immigration Officer;
  • Any person who has been convicted in any country or state of any offence and sentenced to imprisonment for any term, and has not received a free pardon and by reason of the circumstances connected with the conviction is deemed by the Director General to be an undesirable immigrant;
  • Any person who is a prostitute or who is living or receiving the proceeds of prostitution or has lived on or received the proceeds of prostitution prior to entering Malaysia
  • Any person who procures or attempts to bring prostitutes or women or girls into Malaysia for the purpose of prostitution or other immoral purpose;
  • Any person who is a vagrant or habitual beggar;
  • Any person whose entry into Malaysia was unlawful under this or any written law enforced at that time;
  • Anyone who believes in or advocates the overthrow of any government, constituted law or authority in Malaysia by force or violence or who disbelieves in or is opposed to the established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;
  • Anyone who is a member of or is affiliated with any organisation that entertains or teaches disbelief in or opposition to the established government or advocates or teaches the need for unlawful assaulting or killing of any official, specific or general, or of any government in Malaysia or any established government or advocates or teaches the unlawful destruction of property.
  • Anyone who as a result of reliable unfavourable information received from any source, from any government, through official or diplomatic channels, is deemed by the Minister to be an undesirable immigrant;
  • Anyone who has been removed from any country or state by the government of that country or state on repatriation grounds, by reason of the circumstances connected therewith, is deemed by the Director General to be an undesirable immigrant;
  • Anyone who, being required by any written law to be in possession of valid travel documents, is not in possession of such documents or is in possession of forged documents;
  • The family and dependants of a prohibited immigrant;
  • Any member of a class of persons, against whom an order to cancel any pass or permit has been made.
  • The burden of proof on the person asserting the claim that he is not a prohibited immigrant seeking to enter Malaysia shall lie upon that person.
  • Subject to any exemption granted under section 55, any prohibited immigrant entering Malaysia other than in accordance with a valid Pass lawfully issued to him, shall be guilty of an offence against this Act.
  • Except where a person is a prohibited immigrant under paragraph (3) (o), any person in possession of a Permit issued to him under this Act who, upon his arrival in Malaysia, is refused permission to enter upon the grounds that he is a prohibited immigrant, may appeal against the refusal within a stipulated time and manner, to the Minister, whose decision shall be final:
  • Notwithstanding sections 24 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless he is released on a Pass issued at the discretion of the Director General for surety reasons or otherwise as the Director General may deem fit. For an appeal from a person in an East Malaysian State in certain circumstances see para. 6(1) (a), subsections (5) and (6), Immigration (Transitional Provisions) Order 1963 (F.L.N. 226/63).

    • INVOLLMENT AS AN EMPLOYER HIRING/HARBOURING ILLEGAL IMMIGRANTS IN THE PREMISESI

    Section 55B Immigration Act 1959/63 The act of employing one or more persons other than citizens or Entry Permit holders who do not have a valid pass.

    Penalty:

    A fine of not less than RM10, 000 but not more than RM50, 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.

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

    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.

    Penalty

    A fine of not less than RM10, 000 but not more than RM50, 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.

    Section 55E Immigration Act 1959/63

    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.

    Penalty

    A fine of not less than RM5, 000 but not more than RM30, 000 or imprisonment not exceeding 12 months or both for each illegal immigrant. For the second offence, a fine of not less than RM10, 000 but not exceeding 2 years or both.