In our spotlight on APAC series, we round up the latest developments across the region. In this post, we capture the new guidelines in Malaysia, reflecting the government’s ongoing commitment to immigration policy and control. Effective 21 Oct 2025, the Immigration Department of Malaysia introduced a new overstay policy (Overstay Management Programme) which focuses on managing the overstay offenders and implementing risk measures for overcrowding. The main objective of this new policy is to manage the overstay cases and to reduce congestion at 25 immigration detention depots (including temporary facilities) across Malaysia. Previously, the legal procedure for managing overstayers was lengthy and could take up to 14 days to complete. With the implementation of the new policy, this timeframe has been reduced with the accelerated management of such matters.
Key Policy Change under the New Programme:
Employment Pass (EP) and Dependant Pass (DP) holders who have overstayed not more than 90 days will be subject to a compound fine without referral to the respective immigration Enforcement Division. All cases of overstaying previously required investigation documents to be clear and had to go through Court proceedings before an outcome was determined. The new programme intends to accelerate the legal process by reducing the requirement to pursue such matters in Court.
Compound Rates:
- Overstay of 1-30 days: RM30 per day (capped at RM900);
- Overstay of 31-60 days: RM1,000;
- Overstay of 61-90 days: RM2,000.
The following classifications remain subject to prosecution by the Enforcement Divisions:
- Overstay exceeding 90 days;
- Repeated overstay cases;
- Overstay under Special Pass;
- Individuals with criminal or immigration offence records in Malaysia; and
- Individuals listed under the Suspect List.
Advice for Employers and Pass Holders
Preparing Early
Initiating the pass renewal or extension process for EP and DP applications at least three (3) months before the pass expiry date. This will avoid last-minute complications and reduces the risk of unintended overstays.
Tracking of Expiry Dates
Setting automated reminders or alerts to monitor and record of all employees’ pass expiry dates and upcoming renewal applications.
Seeking Professional Advice
Should you anticipate any issues in fulfilling with the pass conditions, such as medical emergencies, or other justifiable circumstances, it is advisable to seek professional assistance promptly.
Understanding the New Policy
Keep abreast of the new compounding rates and eligibility criteria. For instant, overstays of up to 90 days may be cleared by paying a compound fine. However, overstays exceeding 90 days, repeated offences, or cases involving criminal records or Special Passes will still be prosecuted.
Staying Updated with Immigration Policies and Regulations
As the Immigration’s policies and regulations can change frequently and at short notice, it is advised to check regularly for new updates with the immigration department to ensure you are adhering to the latest requirements.
This policy also acknowledges that not all overstay offences are intended or due to negligence. Many foreign individuals may find themselves overstaying because of legitimate or unforeseen circumstances, such as accidents, illness, or natural disasters. The new measures are implemented to take such circumstances into account, ensuring that the procedure remains reasonable and fair while retaining its compliance with the immigration regulations in the country.
For more information or assistance on global immigration matters, please do not hesitate to contact Rachel.ang@magrath.sg or Royston@magrath.sg.
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