PETALING JAYA: Johnny Low and his Filipino wife were heartened by the news about the new procedures for foreign spouses to register for permanent residency (PR).
But he and groups that represent foreign spouses of Malaysians want more clarity on the process, and assurances that there are no hidden conditions.
They added that the government must also look into the problems faced by widowed, divorced, or abused non-citizen spouses.
“We did think about applying for PR in the past but decided not to do so,” said Low, adding that his wife of 11 years is currently living here on a Long-Term Social Visit Pass (LTSVP).
“This was because of the stories we heard about the difficulties faced during the applications process and that approval was not guaranteed,” said the 41-year-old from Kuala Lumpur.
“Some applicants have been waiting for years without any news of their application status,” he said when contacted yesterday.But with these new changes, Low, who has two children aged 11 and five, said his wife will be submitting a PR application later this year.
On Jan 29, the Home Ministry announced that foreign spouses of Malaysians need to be married for a minimum of three years instead of five, to apply for PR.
The application process will also have a processing period of six months and the new initiative will begin no later than the third quarter of this year.
Although welcoming the ministry’s announcement, Family Frontiers said the problems faced by widowed, divorced, or abused non-citizen spouses need to also be given attention.
This is since existing policies automatically cancel PR applications for widowed and divorced non-citizen spouses, thus putting them in a precarious situation, the group said.
Also, visas for divorcees and widows do not grant them the right to work, which affects their ability to support their Malaysian children.
“Similarly, non-citizen spouses who face domestic abuse and subsequently divorce risk losing their residency status, potentially separating them from their children,” it added.
Although the new PR application process will be simpler and expedited, the group said it must be accompanied with a clear, transparent standard operating procedure (SOP) to ensure uniformity and avoid inconsistencies across government branches.
It should also include an appeals process where applicants are provided with clear reasons why their applications have been rejected, Family Frontiers added.
They also proposed that the government remove the prerequisite that wives of Malaysian men have to possess PR status before they apply for citizenship. Instead, they should be allowed to apply for citizenship after two years of residence.
Child rights activist Goh Sui Lin said there was still a lack of clarity on how the new application process works.
“It only says that the time allowed for a foreign spouse to submit a PR application will be reduced to three years from five.
“Is the granting of PR status still discretionary or will it be granted after a specific period?” she said when contacted.
Goh said this was crucial as there are foreign spouses married to Malaysians but remain in toxic or abusive marriages.
“They remain in a dire situation while waiting to get their PR in order to be with their children here,” she added.
Goh also said another concern was that officers at counters may have different rules despite the fact that the new procedure was announced.
“There have been past cases where applicants were told that there were still other internal departmental conditions that needed to be fulfilled.
“The PR application conditions must be made clear and transparent by publishing it on the department’s website,” she added.
