Lim Kit Siang
27 June, 2008
Lets have the worst cases of the agony of foreign spouses of Malaysians to get PR (permanent residence) status, so that Parliament and the government can hear about them - with the Home Minister having to respond as well.
You can either write on this blog or email me.
A long-suffering foreign spouse has emailed her views and suggestions, which I am sharing here:
CURRENT SITUATION:
Visa rules
There are thousands of foreign spouses who are on Dependent or Employment visas renewable until last year on a yearly basis.
However since 2007, spouses are able to renew their visas for upto 5 years.
(Most often we cannot afford to pay the visa charges for 5 years at one time)
Spouses do not get Permanent Resident status even after spending more than 15 years in the country and we have Malaysian school going children.
Application for Permanent Resident Status
We have to separately put in our application for Permanent Resident Status. I took with me one full suitcase of documents, they even require a wedding invitation – how many of you have kept your wedding invitations for 16 years??
Immigration officers are still uncertain as to where foreign spouses should apply for their PR status. Federal or State?
After applying for PR status it still takes years for the approval to come through.
Employment
Foreign spouses are only permitted to work on a spouse visa a very elegant term (with due apologies) for the “employment pass” and only with companies having a paid up capital of 200K and above. There is a lot of documentation to be provided which would put off any employer.
Foreign Spouses on Spouse Visa whose income is not taxable have to pay a Levy.
I have paid levy of up to RM4000 per annum.
It may be that it is also easier and less procedural for expatriates to get an employment pass than spouses of Malaysian citizens.
SUGGESTED RECOMMENDATIONS
To ease and better manage the vast number of foreign spouses in the country.
Visa Rules
A reasonable wait for foreign spouses to get their Permanent Resident Status would be a two year period, after marriage. This would be very much in line with our neighbour Singapore and other modern democracies such as UK, USA and Australia.
Permanent Resident Approval
Upon completion of two years marriage and stay in the country, the Immigration authorities should verify details of marriage and stay in the country and offer PR status to the Spouses.
Employment
Foreign spouses should be allowed to work, without having to seek an employment pass/spouse work permit.
Foreign Spouses should be allowed to work in any company irrespective of the paid up capital, as such rules only serve to restrict their employment opportunities.
There is a cooling off period of six months when jobs are changed should be waived. This is really uncalled for, to be treated like foreign maids. Six months is a long time for us to remain unemployed – this should be done away with.
Do away with some of the humiliating rules.
Over stay
If for some reason we miss the date of renewal of visas, we are deemed to have overstayed, well how can we overstay in our own home? To add insult to injury we have to pay summons for overstaying in our own home.
Long Wait
For 16 years, I have been subjected to demeaning rules such as my Malaysian husband having to accompany me when I go to renew my visa. It is acceptable for us to do this for one of two years, but for 16 years, it is degrading.
Marriage Search
When I changed employers I was asked to provide a Marriage Search, little did I know that such a thing existed?
Malaysia My Second Home
Right now priority is given for PR status to applicants of ” Malaysia My Second Home”, possibly because this is revenue earning, however shouldn’t due consideration be assigned to Spouses of Malaysian citizens who in effect have made Malaysia their home.
Opening Individual Bank Accounts
Foreign Spouses Housewives unable to open a bank account with some of the Banks, are often asked to open joint accounts with husbands.
Foreigners are required by banks to produce either a letter from their educational institution if they are students or their employer if there are expatriate employees. So housewives get left out.
Double charges in Hospitals for foreigners, is there some way that spouses can get exemption?
Now we cannot even collect the rebate for the petrol hike. Our cars are used to ferry our Malaysian school going kids.
Spouses with Marital difficulties
Furthermore, Spouses who have marital problems, after 10-15 years in the country are put through unimaginable trauma, when sometimes they even have to leave the country without being able to extend their visa, without the custody of their children.
Most of these spouses cannot afford legal fees and their cases are not highlighted.
Option for Citizenship
There should also be an option for citizenship.
The law in other countries
What needs immediate attention is the immigration law itself for spouses of citizens. Today in countries such as UK, USA, Australia and nearer home in Singapore, no more than 2 years of living together is required to secure PR status - marriage is not even a necessity in these countries.
Immigration Act, Procedures
I have browsed through the Immigration Act, however I could not find any references to foreign spouses.
Immigration procedures for foreign spouses change at an astonishing speed, only making it more difficult for them.
The procedures change from Putra Jaya to Damansara, from officer to officer.
In 1992 I was told that I could only apply for PR if I resided in the country for 5 years.
In Year 1997 I was told that I could not apply for PR status as I was on an employment pass and not a dependent pass.
Then I was told to go to Shah Alam, when I went there I was told that my husband’s residence is in Perak, then I was further pushed away and told to go to Damansara, who told me go to state. Until today, no one seems to know the rule as to where the submission for application of PR could be made.
Finally I was able to submit my application in Pusat Damansara in August 2007.
Now I have been told that the rules have changed and spouses who have children who are below 6 years can apply, after being given a run around for 15 years, I cannot reduce the ages of my children who are 14 and 9 years of age.
BENEFITS TO THE NATION
Highly Qualified Professional Spouses
This will also be beneficial to the nation as many spouses are highly qualified and are seeking the employment market. Overseas spouses have even indicated that they are willing to return should it be easier to gain employment.
Good Governance and Best practise for Spouses augur wells for the community, the law makers and the Nation.
What do you think?
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