Malaysian immigration authorities have launched a streamlined penalty system for foreign professionals and their dependents who exceed their visa validity by short periods, aiming to cut red tape and expedite resolutions.
Dubbed the Overstay Management Program, the policy targets holders of Employment Passes and Dependent Passes, permitting them to settle standardized fines for overstays lasting up to 90 days.
This replaces the former rigorous procedure that often involved investigations, interviews, and prolonged waits.
The change reflects Malaysia’s effort to balance enforcement with practicality, particularly for expatriates contributing to key industries like technology, manufacturing, and services.
In the past, any overstay beyond 30 days triggered an Overstay Investigation Paper (OIP), mandating company participation, formal questioning, and potential delays stretching weeks or months.
Key Details of the New Penalty Framework
The updated rules establish transparent, fixed fines based on overstay duration:
– **1 to 30 days**: RM30 (approximately $7.30) per day.
– **31 to 60 days**: Flat fee of RM1,000 (about $242).
– **61 to 90 days**: Flat fee of RM2,000 (about $484).
Immigration officials state that these set amounts will accelerate case handling, easing workloads for both foreigners and government departments.
Accompanying the program is an adjustment to the Special Pass—an emergency document granting temporary legal stay during pass renewals or extensions.
The application fee has risen from RM100 to RM200 (roughly $24 to $48), cited as necessary to cover increased processing expenses and improve efficiency.
Limitations and Exclusions
The lenient measures are restricted to minor, first-time infractions. Overstays exceeding 90 days, repeat offenses, or cases involving existing Special Pass holders remain subject to full enforcement protocols, including referrals to the Enforcement Division for mandatory in-person reviews.
Those with previous immigration violations will also bypass the new system and face standard investigative steps.
Implementation and Advice from Stakeholders
The Malaysia Digital Economy Corporation (MDEC) has verified that the program is operational.
While the Expatriate Services Division (ESD), responsible for pass approvals, has not issued a formal bulletin, sources indicate it is enforcing the guidelines uniformly.
Immigration consultants and corporate employers recommend proactive measures, advising expatriates and companies to initiate renewals or extensions at least three months prior to expiration to sidestep penalties altogether.
This policy shift highlights Malaysia’s adaptive stance on immigration, recognizing occasional administrative hiccups while upholding strict measures against significant breaches.
For global companies and their international staff, it provides a straightforward mechanism for addressing brief lapses, reinforcing the value of timely compliance.
