Quick answer: Overstaying in Malaysia is an offence under Section 15(4) of the Immigration Act 1959/63, punishable by a fine of up to RM10,000, imprisonment of up to five years, or both. Immigration's published list gives a compound of RM3,000 for overstaying. ESD's published Special Pass FAQ covers pass holders who overstayed during the 2020 Movement Control Order, so it does not set out a general special pass process. Anyone who has overstayed should contact the Immigration Department promptly.
- Overstay is an offence under Section 15(4) of the Immigration Act 1959/63.
- Penalty: fine up to RM10,000, imprisonment up to five years, or both.
- Immigration lists a compound of RM3,000.
- ESD's Special Pass FAQ covers 2020 MCO-era overstays only.
- Act early and contact Immigration.
Penalty and Compound
| Item | Position |
|---|---|
| Offence | Staying beyond the expiry date or cancellation of a visit pass, Section 15(4), Immigration Act 1959/63 |
| Penalty on conviction | Fine up to RM10,000, imprisonment up to five years, or both |
| Compound | RM3,000, as listed by Immigration |
| Legal basis for compounding | Immigration (Compounding of Offences) Regulations 2003 under Section 54 of the Act |
Special Pass
ESD's published Special Pass FAQ deals with pass holders who overstayed from 1 January 2020 until the end of the Movement Control Order. It covers appointments for the Enforcement Unit, renewals and endorsements for those periods. The page does not describe a general special pass procedure for later overstays, so confirm the current process directly with Immigration.
What to Do if You Have Overstayed
Do not wait
Contact the Immigration Department as soon as you know.
Gather your documents
Passport, the expired pass and the employer's letter.
Ask about compound and exit
Immigration will advise on the options.
Keep records
Retain receipts and letters.
For Employers
Employers who let an expatriate's pass lapse risk problems under the Immigration Act. Diarise every expiry, submit renewals up to three months before expiry and shorten or cancel a pass when employment ends.
Need a pass sorted out? WhatsApp us. We will check your case before you apply.
Mistakes
Waiting to see if it resolves
Penalties apply from the first day.
Relying on a COVID-era FAQ
It applies to specific periods.
Missing renewal windows
Submit up to three months before expiry.
How We Help
What we handle for you
Before you apply
- Check that your company meets the requirements and that the post and salary fit the right category.
- Prepare your business plan and financial plan from your company idea or business model, where the application needs one.
Application
- Prepare and submit the pass application and respond to Immigration's queries.
Why companies choose us
End-to-end under one roof
- We handle company incorporation, accounting and payroll as well as expatriate pass applications, so your structure, payroll and hiring plan stay aligned.
- The company is set up correctly from day one.
We check before you invest
- We confirm eligibility, including whether you can hire the expatriates you need, before a foreign investor decides to incorporate in Malaysia.
- Neutral Consulting PLT is a Kuala Lumpur firm led by a Managing Partner who is a member of the Malaysian Institute of Accountants.
Frequently Asked Questions
Quick answers.
What is the penalty for overstaying in Malaysia?
A fine of up to RM10,000, imprisonment of up to five years, or both under Section 15(4) of the Immigration Act 1959/63.
Is there a compound?
Immigration's published list shows a compound of RM3,000.
What is a Special Pass?
ESD's published FAQ relates to overstays during the 2020 Movement Control Order.
Can I leave without penalty?
ESD's FAQ allowed certain MCO-period overstayers to leave within 14 days after the MCO ended. It does not apply to later overstays.
Who handles the compound?
The Immigration Department.
Can an employer be liable?
The Immigration Act has provisions on employers. Seek advice.
How soon should I act?
Immediately.
Does overstay affect future applications?
The sources reviewed do not say. Ask Immigration.
Can I renew an expired pass?
Renewals are submitted before expiry, up to three months ahead.
What if my passport expired?
Apply through the Sub-Product module for a new passport record, which is compulsory.
Is an appeal possible?
The sources reviewed do not describe one for overstay. Seek advice.
Can you help an employer manage expiries?
Yes. We track pass expiries and renewals for our clients.
Sources
Official sources
- Immigration Department, Frequently Committed Offences
- Immigration Department, Compound Action
- Immigration Department (ESD), Exit condition, Special Pass and medical screening FAQ
- Immigration Department (ESD), MYXpats FAQs
This page is general information, not legal advice. Agencies change their requirements, so confirm the current rules with the Immigration Department (ESD) and MIDA, or with us, before you act. Checked November 2026.
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Hiring or relocating an expatriate? We will check your case first. All consultations are by video call.