|
|
|
Getting Married in Malaysia |
|
|
|
|
As a foreigner married to Malaysian, one may choose between different types of applications whether he/she needs to work in Malaysia or not.
If working here is not an issue, one can either choose between a Long Term Social Visit pass now given for 6 months or one year to all foreigners married to Malaysians. But although it is given automatically, it can get difficult to renew. Therefore, for those who can afford putting the sufficient amount of money into a fixed deposit, the Malaysia My Second Home program is recommended, as it is given on a 5 years visa basis (more information here ).
On the other hand, if you are planning to work in Malaysia, you may either choose between the Spouse Program and a normal work permit. But better make the right decision right from the start as it is almost impossible to convert an Employment Pass from the Spouse Program (which is actually endorsed as a Social Pass) to a conventional Working Permit.
Any foreigner married to a Malaysian will be issued a Long Term Social Visit given for 6 months or one year in order to take the time to settle down in Malaysia and find a work. It is then possible to apply for the Spouse Program after receiving a letter of offer willing to sponsor for the application. The program will then entitle to a social pass given on a yearly basis.
The only requirement by right is the letter of offer from a Malaysian company that the applicant is supposed to hold beforehand. The immigration does not judge the skills of the applicant, the position to be taken in the company or the salary to be drawn. However, the paid-up capital of the company hiring the applicant can sometimes be an issue. A paid-up capital of RM250,000 will guarantee a successful application, but depending on the amount of shares held by Malaysian, such requirement can be void and a RM2 paid-up capital company can entitle a foreigner married to Malaysian to work under the Spouse Program.
Then, if any need to change company occurs, the applicant just needs to inform the immigration about the new company. But although no cooling period will be required to undergo, a release letter will facilitate the new application.
The Spouse Program does not guarantee a successful Permanent Resident application, although it helps qualifying after 5 years living in Malaysia and being married to Malaysian. The PR application is given at the sole discretion of the Ministry of Home affairs.
In conclusion, the Spouse Program does not offer as much independence and advantages as a normal Work Permit/Employment Pass can do. For example, under this program, the immigration does not entitle the applicant to the expatriate’s gold card that help transiting faster at the immigration gate in the airport. It is also to be renewed on a yearly basis when a Work permit is given for two years and as it is endorsed as a Social Pass on the passport, JPJ does not deliver any Malaysian driving license.
On the other hand, the process is made faster than for a normal Work Permit application and the requirements are less restrictive. But again, better think twice before processing, as it will then be difficult to switch to a normal Work Permit.
There are 2 types of marriage: Civil and Muslim. Civil marriage is for the non-Muslims and obviously the Muslim marriage is for the Muslims.
The procedure to get married in Malaysia is quite simple.
You have a choice of three (3) different procedures to getting married. All three (3) have the same legal effect.
1. Marriage at the office of the Registrar of Marriages
2. Marriage through a religious ceremony, custom or usage such as a temple or church where the temple/church official is an appointed 3. Assistant Registrar ; or
Marriage by special licence from the Chief Minister
Marriage at the Registrar's Office
a. Both of you must give notice of marriage in the prescribed form to the Registrar of Marriage of your marriage district in which you have been resident at least seven (7) days before the giving of such notice.
b. The Registrar will put it up on the notice board of the Registry until he/she grants his/her certificate for marriage or until three (3) months have elapsed, whichever is earlier.
c. If both of you have been residents for the required period in the same marriage district, only one such notice is required.
d. Both of you must also sign a written declaration in the prescribed form stating that you have complied with all the requirements and that there are no legal obstacles.
e. When the notice has been on the board for at least twenty-one (21) days, the Registrar shall, upon payment to him/her of the prescribed fee, issue his/her certificate of marriage.
f. You must then make a date for the marriage to be solemnized by the Registrar. This has to take place within six (6) months from the date of the notice.
g. If the marriage does not take place within the specified period, a fresh notice has to be given.
h. After the marriage at the Registry, you will be legally married.
i. You may go through a customary ceremony if you wish but you are required to produce your certificate of marriage to the person officiating the ceremony.
Marriage through a religious ceremony
a. You may have your marriage solemnized in accordance with your religion, custom or usage by your clergyman, minister or priest. The clergyman, minister, priest or person solemnizing your marriage must have duly been appointed Assistant Registrar of Marriages and has the power to conduct marriages.
b. Before the marriage is solemnized, you must deliver to the Assistant Registrar of Marriages the prescribed statutory declaration signed by both of you saying that you have complied with all the requirements and that there are no legal obstacles.
Marriage by licence
a. If you are a female between sixteen (16) and eighteen (1Cool years of age, OR you wish to have your marriage solemnized at a place other than the office of a Registrar OR at some other time than the prescribed time, then you must get a special marriage licence from the Chief Minister for such purpose.
b. In such a case, you do not have to give notice or obtain a certificate of marriage but you have to produce a statutory declaration that all requirements have been complied with and that there are no legal obstacles to the marriage.
c. The licence is valid for only one (1) month and you must get married within the period.
Generally, the documents you need are:
1.Passports accompanied with a photocopy of the data page and date of latest entry page into Malaysia.
2. One colored Malaysian passport size photograph.
3. Application form "Borang JPN KCO1" for normal or special marriage.
4. Affidavit of marital status.
5. Application form "Borang G" for marriages performed by parish or temple priests.
6. If previous marriages were terminated by divorce, both parties must submit original or certified copy of final or absolute divorce decree. If terminated by death of a spouse,submit original or certified copy of the death and marriage certificates.
"Borang JPN KCO1" and "Borang G" are available at the office of the registrar of marriages.
You must stay in the country for 7 days before you can give your 21-day notice of intention of a marriage. You have to get married within 6 months after you have given your notice of intention IF there is no objection by any parties.
I am sure you would like to know how much will a marriage in Malaysia costs you. The normal civil marriage costs RM 30 and you pay at the time of marriage ceremony.
If you do not intend to have another marriage ceremony back home, then I would advise you to get the marriage certificate validated by the Foreign Affairs Malaysia and your embassies before you left Malaysia. This will make life so much easier when you want to get it recognized by your country.
|
|
|
|
|
|
