Common Immigration Offenses in Malaysia

Common Immigration Offenses in Malaysia

1. Illegal Entry (Section 6(3), Immigration Act 1959/63)

  • Definition:
    • Failure to present a valid passport/travel document/entry permit when requested.
    • Passport/travel document does not have a valid entry stamp or pass.
  • Penalties:
    • Fine of up to RM10,000 or imprisonment for up to 5 years, or both, and up to 6 strokes of whipping.
    • Alternative: Compound up to RM3,000.
  • Preventive Measures:
    • Always safeguard and carry your passport/travel documents.
    • Ensure that your passport/documents are presented to Immigration Officers at entry points and obtain the appropriate visit pass.
    • Report the loss of your passport/travel documents immediately to the Immigration Department.

2. Overstaying (Section 15(4), Immigration Act 1959/63)

  • Definition:
    • Remaining in Malaysia after the expiry or cancellation of a visit pass.
  • Penalties:
    • Fine of up to RM10,000 or imprisonment for up to 5 years, or both.
    • Alternative: Compound up to RM3,000.
  • Preventive Measures:
    • Leave the country before your visit pass expires.

3. Forgery or Alteration of Documents or Endorsements (Section 55D, Immigration Act 1959/63 & Section 12B, Passport Act 1966)

  • Definition:
    • Creating, forging, or altering any document or endorsement for use as a visa, permit, pass, or qualification under these Acts.
  • Penalties:
    • Under Section 55D, Immigration Act:
      • Minimum fine of RM30,000.
      • Imprisonment of at least 5 years up to a maximum of 10 years.
      • Up to 6 strokes of whipping.
    • Under Section 12B, Passport Act:
      • Fine between RM15,000 and RM100,000.
      • Imprisonment of at least 2 years up to a maximum of 10 years.
      • Up to 6 strokes of whipping.

4. Prohibited Immigrants

  • Visitors committing the above offenses may be classified as prohibited immigrants, risking deportation or blacklisting from reentry.

Information and Assistance:

For inquiries or further information, contact the Immigration Department of Malaysia at:

  • Address: No. 15, Levels 1-7, Persiaran Perdana, Precinct 2, 62550 Putrajaya.
  • Telephone: 03-8000 8000 (MyGCC)
  • Email: webmaster@imi.gov.my

This information is vital to ensure compliance with Malaysia’s immigration laws and to protect the rights of foreign visitors in the country.