Working in malaysia under tourist visa?
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i have a friend who refer ed my brother to a malaysian agent.but my brother left philippines under tourist visa for 1 month..the agent said that he will process his working visa in malaysia.he start working as a waiter somewhere in penang.my brother's tourist visa will expire on sept. 29 and he still do'nt have working permit.the agent said that even if the tourist visa expires,there is no problem because his working visa is under processing.is it possible that he can stay in malaysia even if the tourist visa expires?how long will it takes to process the working visa?what if the immigration caught him after his tourist visa expires,will the immigration detained him?does the immigration beat prisoners?my brother do'nt know if he just have to go home before his tourist visa expires or wait until the working visa release?
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Answer:
Not so. Your brother is now staying illegally in Malaysia. Go straight to the Philippines Embassy for help. Tourist visa cannot be converted to work permit, An employment agent is not allowed to "process" work permits. Only the employer can apply on behalf of the employee.... even that , a tourist visa holder has to go back to the country to await news of the application.....
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Other answers
1 ) visa expire 29 Sep 2010 . is mean he over stay in Malaysia 27 day ! no such things as during work permit " processing " , he allow to " over stay " ! 2 ) Work as " WAITER " ? , He can never get any type of work pass for sure . Malaysia will not issue work pass for those job local citizen can handle. i should said you brother get SCAM by the agent, he will not able to Contact " agent " any more .i believe you brother have paid some agent fees for " permit processing " . 3 ) Working with out valid work permit ( even during processing you cant work at all ) cause FINE up to MYR 5000 . 4 ) Over stay in Malaysia cause FINE up to MYR 10,000 / JAIL for up to six month. CANING . you brother get into big problems now . ^^^ Advice him to report to Philippines Embassy in KL. ASAP . 1 Changkat Kia Peng, 50450 Kuala Lumpur Malaysia +(603) 2148-9989 +(603) 2148-4233 +(603) 2148-4682 +(603) 2148-4654 +(603) 2142-1508 the Embassy will help him to report to Immigration. also return back to home . over stay less that 30 day FINE about not more than 1000 MYR, usually is 500 MYR. more than 2 months JAIL also CANING . so report ASAP ! ^^^^^^^^^^ REMEMBERS , the chance for him to get work permit to work as waiter is more than slim . no such things as during work permit " processing " , he allow to " over stay " ! tourist visa is not allow to work.no such things as during work permit " processing " he allow to work.
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For your information, a waiter comes under the category of unskilled worker. The procedure of recruitment of unskilled worker is as follow : - Potential employer applies to the Home Ministry for approval to recruit foreign workers ( unskilled category ) - Once an approval is obtained, the employer will source for the workers from countries of his choice ( Normally the sourcing of workers is done by an agent in those countries ) - The agent in those countries will send the biodatas for the employer to choose ( sometimes the employer will go to those countries to conduct an interview ) - When workers have been selected, the foreign agents will send to the employer the photocopies of the workers passport, the workers photos and the medical examination reports of the workers. - With all these documents, the employer will submit to the immigration department to apply for the workers working visa ( commonly known as "calling visa" ). The calling visa is in a form of a letter containing the workers name and their passport numbers . - Once the "calling visa" has been issued, the employer will send the letter of "calling visa' to his foreign agents. - The foreign agents will forward the letter of "calling visa" to tje Malaysian Embassies to apply for entry visas for the workers ( entry visas is not the same as working visas ). - Once entry visas have been obtained, the agent will arrange to send the workers to Malaysia - Upon arrival in Malaysia, the employer will do immigration clearance for his workers at the airport ( the workers are not allowed to enter Malaysia until their employer has done the immigration. clearance ). All workers will be thumb printed at the immigration counters before allowed to leave. Based on the above procedure, i conclude that your brother has been cheated by the agent. (a) Application of working visa must be applied BEFORE the worker enters Malaysia (b) Tourist Visa CANNOT be converted to working visa. The answer to your question , yes now your brother is considered staying in Malaysia illegally and when caught , he will be detained and send to detention camp. At the detention camp, your brother will housed with all illegal immigrants from various countries. I don't think they will be him unless he provoke them or being aggresive. Your brother will then be processed to be depoarted to Philippines but the time frame for this process is not known. Some workers are deported within a few weeks but most are not. There are many who end up staying in the detention camp for months. I have spoken to ex-detainees before and they told me , staying inside there for a day was like a month. Best solution, ask your brother to purchase a return ticket and go to the immigration to 'surrender' himself. Don't worry 'surrender' does not mean your brother will be detained. When your brother goes to the immigration to report his overstay status , he will be fined and issued a special visa for him to return to Philippines. ( if he surrenders himself, he won't be arrested but if he is caught somewhere by the police/immigration, he will be detained on the spot ). So tell him don't be afraid to go to the immigration. There is no need to wait for his working visa because he is not going to get it. The agent is just using the reason "pending process" to buy time.
chesney c
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