KUALA LUMPUR: A non-citizen spouse who is separated from their Malaysian partner can apply for a Resident Pass, as it would allow them to continue residing and working in the country, says Datuk Seri Saifuddin Nasution Ismail (pic).
The Home Minister stated that the Resident Pass would also enable non-citizens to continue working in the country, whether in the formal sector or as self-employed individuals, to support their dependents.
“The Resident Pass permits the holder to reside in Malaysia for five years and may be renewed, subject to the authorities’ approval.
“In considering such applications, the government takes into account the best interests and welfare of the Malaysian child to ensure their custody rights and well-being are safeguarded,” he said in a parliamentary written reply.
Saifuddin Nasution was responding to a question from Dr Mohammed Taufiq Johari (PH-Sungai Petani) who wanted to know the eligibility criteria, application process, validity period, and whether a new permit for non-citizen spouses who are divorced, separated or widowed and have Malaysian citizen children allows them to reside and work without restrictions.
Saifuddin Nasution further elaborated that the facility aims to assist foreign spouses who are parents of Malaysian citizen children in sustaining themselves and their families, thereby ensuring the stability of their families and the welfare of their children.
“The move is in line with the holistic Madani government approach, which emphasises humanitarian values and public well-being.
“Hence, such individuals can fulfil their parental responsibilities towards their Malaysian citizen children lawfully and continuously,” he added.
When a foreign national marries a Malaysian citizen, Saifuddin Nasution said they are eligible to apply for the Social Visit Pass for spouses of Malaysian citizens, which is granted explicitly to non-citizen spouses.
He said the pass allows them to reside legally in Malaysia and work, provided they obtain approval from the Immigration Department.
“It may be renewed annually, provided the marriage remains legally valid and the couple continue to live together as husband and wife,” he said.
If the foreign spouse is separated from their Malaysian spouse, Saifuddin Nasution said their eligibility to renew the Spouse of Citizen Pass becomes void.
“As they are no longer considered a lawful spouse, the privileges of that pass no longer apply. However, they may apply for a Widow/Widower Pass if they meet the stipulated conditions.
“Alternatively, they may apply for a Resident Pass, subject to the approval of the immigration authorities,” he added.
