Not long ago, a Malaysian artist questioned the Malaysian Immigration Department’s reasoning for reducing her foreign spouse’s visa from 2 years to 1 year upon renewal1. Her post also attracted others in binational relationships to share their own experiences on the subject, with some stating that the Immigration Department ‘decides based on their mood’.
The commonly used phrase “spouse visa” is, in fact, a Visit Pass (Social) under the Immigration Regulations 19632. As a general rule, the issuance of any Pass under the Immigration Regulations 1963 is at the discretion of the Immigration Department and subject to such conditions as it deems fit3.
Regulation 11(6) provides that a Visit Pass allows a foreign individual to remain in Malaysia for a period not exceeding 12 months4 and may be extended for such further period as the immigration officer thinks fit. As the maximum period granted for a Visit Pass is 12 months, it follows that any extension would likewise not exceed 12 months. This could explain why the artist’s spouse’s visa was extended for only another 12 months.
While a foreign spouse may rely on a Visit Pass to remain in Malaysia, this option may not be ideal as it is subject to annual renewal. Moreover, the holder of a Visit Pass is not permitted to engage in any form of paid employment, business, or professional occupation unless the Minister’s written consent is obtained5.
In the circumstances, more suitable alternatives for a foreign spouse include applying for Permanent Residence6 or a Residence Pass7. These options have stricter eligibility criteria but allow a longer stay in Malaysia, and employment is permitted. Whether a foreign spouse should pursue Permanent Residence or a Residence Pass depends on individual circumstances, and it is advisable to consult an immigration lawyer to maximise the chances of success.
About the Author
Poon Wei Ying is a Senior Associate of XK Law who graduated with First Class Honours from the Cardiff University, United Kingdom. She believes in giving back to the society and that education can change a person’s life.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
