*Disclaimer:
This blog is solely written for the purpose of
experience sharing. It is not deemed to be any form of legal advice.
6-month Cooling Period
Before we could apply for a LTSVP, the condition of
the cooling period of 6 months starting from the marriage date must be
fulfilled. In our case, our ROM is in March, thus we applied the visa in
September (few days after the cooling period).
Obtaining the latest checklist and forms
A few days after our ROM, we made a trip to the
Immigration Office, Jalan Duta (since it is near to our house, it would be
better to have our file opened there) to re-confirm the requirement of 6-month
cooling period (The answer was YES!), and obtain the latest checklist and forms
(forms printed from the Internet may not be accepted). Bear in mind, different
immigration offices may have different requirements. It all depends on which
office you are applying from.
According to the checklist (see screenshot below), there
are plenty of documents to prepare, which looks rather overwhelming at first
glance. Don’t worry and take a deep breath. These documents can be sorted out
one by one, step by step. I would say the process is not difficult but tedious
and time-consuming.
The checklist - all the items will be explained below |
Preparing the required documents thereafter submitting them on 12 September 2019
I am writing this based on our experience (Malaysian Chinese
marrying a Polish in Malaysia), hence the preparation of the documents may be
different from yours if you are in Muslim marriage, get married overseas and
other special cases.
From our experience, to get all the documents ready,
we made few trips here and there, requested documents from several parties, photocopied
some documents, developed some photos and filled the forms to get every single item
in the checklist ticked. They are (1) to (10) listed below which would be further explained thereafter.
(1) Certifying photocopies in JPN offices, Jalan Duta
(Item 4 to Item 7 based on the checklist)
(2) Getting Security Bond (Item 11) stamped for RM10
at LHDN (about 5-minute driving from the Immigration office, Jalan Duta)
(3) Engaging a Commission of Oath to certify Marriage
Statutory Declaration (Item 12: Surat Akuan Sumpah Perkahwinan)
(4) Obtaining certified bank statements (Item 18) from
the sponsor’s bank
(5) Photocopying passports (Item 8 and Item 9)
(6) Preparing and developing marriage photos (Item 10)
and the photos of your residential house and its surroundings (Item 16)
(7) Photocopying a set of the Sale and Purchase
Agreement (S&P) / Tenancy Agreement of your residential house (Item 15)
(8) Obtaining the latest utility bill showing your residential
address (Item 14)
(9) Obtaining the sponsor’s salary slips (latest 3
months) certified by the employer (Item 18)
(10) Filling in the forms (Item 1 to Item 3 and Item
13)
(1) Certifying photocopies in JPN offices, Jalan Duta (Item 4 to Item 7)
1. Malaysian’s Spouse MyKad (Item 4) – original and photocopy
certified by JPN (I.C. Dept.)
2. Sponsor’s MyKad (For Item 15 or Item 17 and Item
18) – original and photocopy certified by JPN (I.C. Dept.)
3. Security Bond Witness’ MyKad (For Item 11) – original
and photocopy certified by JPN (I.C. Dept.
4. Malaysian’s Spouse Birth Certificate (Not requested
in the checklist, but they took mine upon submission) – original and photocopy
certified by JPN (Birth Cert. Dept.)
5. Marriage Certificate (if you get married in
Malaysia) (Item 6) – original and photocopy certified by JPN (Marriage Dept.)
I would advise spending half a day to get the above
done. The queues in JPN Marriage and Birth Cert. Departments at Jalan Duta were
relatively short and it took us merely 15 to 30 minutes each department to get the photocopies
certified.
However, the queue in the I.C. department was crazy, perhaps it was a school holiday when we were there. We spent at least an hour to get the certified copies of mine and my father’s I.C. done (my father is the co-owner of our house and the witness of the security bond). I took my father's I.C. there and my father was not present. The officer asked about my father and I frankly told him that I had my father original I.C. with me but my father was not there. He said nothing and certified the photocopies.
Certifying photocopies by these offices did not cost us anything, assuming it is for free.
However, the queue in the I.C. department was crazy, perhaps it was a school holiday when we were there. We spent at least an hour to get the certified copies of mine and my father’s I.C. done (my father is the co-owner of our house and the witness of the security bond). I took my father's I.C. there and my father was not present. The officer asked about my father and I frankly told him that I had my father original I.C. with me but my father was not there. He said nothing and certified the photocopies.
Certifying photocopies by these offices did not cost us anything, assuming it is for free.
(2) Getting Security Bond (Item 11) stamped for RM10 at LHDN (about 5-minute driving from the Immigration office, Jalan Duta)
Please read How to Fill in a Security Bond for Foreign Spouse, if you need some guidance.
Basically, (2) and (3) were done on the other day (another
half a day). After filling in the form, we made a trip to Lembaga Hasil Dalam
Negeri (LHDN), Jalan Duta which is 5-minute driving from the Immigration Office,
Jalan Duta and got the security bond stamped with stamp duty of RM10. It was
easy and fast, done in 5 minutes.
(3) Engaging a Commission for Oaths to certify Marriage Statutory Declaration (Item 12: Surat Akuan Sumpah Perkahwinan)
Please read How to Fill in a Statutory Declaration for Foreign Spouses, if you need some guidance.
After LHDN, we went straight to
the Immigration Office (first floor) at Jalan Duta as there is an office (ground
floor) with the service of Commission for Oaths. There was quite a long queue
when we reached there, surprised to have seen many couples queuing there. For
about 10 minutes, it was our turn, and the Commission of Oaths checked and
certified the declaration form. We paid RM8 for the signature.
(4) Obtaining certified bank statements (Item 18) from the sponsor’s bank
As my salary account is with OCBC, I went to the
nearest branch to obtain the latest 3 months of bank statements for my salary
account. I also requested bank statements of my savings account to prove my
financial status as my husband’s sponsor. I then got them certified by the Bank,
charged RM40 all in (pricey!). Upon submission of documents, the officer took both of
my bank statements (salary and savings account) with no issue arisen.
(5) Photocopying passports (Item 8 and Item 9)
Foreign spouse’s passport must be photocopied, the
main page together with other pages with stamps. However, they do not require
Malaysian spouse’s passport to be photocopied, unless you get married overseas.
(6) Preparing and developing marriage photos (Item 10) and the photos of your residential house and its surroundings (Item 16)
We prepared more than 6 photos for each. The office
ended up choosing two of our marriage photos (one with only two of us and
another one taken with my parents) and five photos of our house and its surroundings
(the sign of our Taman, the junction with a road name towards our house, the outlook
of our condominium, the main entrance with a security guardhouse of the
condominium and our front door with the unit no.). We brought the photos there
and were not aware of the need to paste them on blank A4 papers for easy
filing. Fortunately, the officer was helpful enough to paste the photos on papers
with our assistance.
(7) Photocopying a set of the Sale and Purchase Agreement (S&P) / Tenancy Agreement of your residential house (Item 15)
I had read some post mentioning that the photocopy of these
documents has to be certified by the lawyer. To double confirm this, I had asked
the officer before we went to submit the documents. The answer was that a
photocopy will do without being certified by the lawyer, however the full copy of
the contract is required besides the main pages.
As the current house that we live in is owned by my father
and me, thus our I.C. certified copies are required (one copy each is enough).
If you are the Malaysian spouse but not the sponsor / house owner / landlord
(if renting), you will need to provide their I.C. copies certified by JPN.
(8) Obtaining the latest utility bill showing your residential address (Item 14)
Since we applied for the visa few days after we moved into our
new house, it makes sense that our utility bill for a new house would be much
cheaper. We submitted an electricity bill of about RM8. After our documents
being checked by another officer, she came to ask us about the amount and
wondered whether we did stay there. We explained to her that we had just moved in,
that was why it was merely RM8. She accepted our explanation and explained that
they just wanted to make sure we did stay there (perhaps, to re-confirm our
residential address for further site visit, I guess).
(9) Obtaining the sponsor’s salary slips (latest 3 months) certified by the employer (Item 18)
This part is easy if the sponsor has monthly income of
RM3000 and above working in a legally registered company in Malaysia. Since I
am working in a private high school, I had kept the latest 3 months of salary
slips and got my school principal and HR manger to certify the documents.
Other than salary slips, I had also requested my
school to provide me an employment letter to prove that I am currently one of
their employees. The letter prepared by my school was rather simple, confirming
my position at school since when in Malay. Upon submission, they took the
employment letter without any questions.
(10) Filling in the forms (Item 1 to Item 3 and Item 13)
Borang IMM. 55 / Borang IMM. 12 – 2 copies / Borang IMM.
38 / Borang Maklumat Tambahan
Fill in the borang (forms) accordingly. For me, I made
photocopies of these forms to ensure that I knew what I needed to fill, what information
I needed, how to fill, in short, practising to fill in order to minimise my mistakes.
I found some of the columns or information required rather confusing. However, I
managed to fill in 99% of the forms and left a little blank. The blank parts
were then filled while the officer was attending us.
For Borang Imm. 55, we were asked to fill in 6 months for No. 14 Period of Extension and told that we would only get a 6-month visa for the first time (as expected). For Borang Maklumat Tambahan (Form of Additional Information), Part C is to be filled in front of the officer.
For Borang Imm. 55, we were asked to fill in 6 months for No. 14 Period of Extension and told that we would only get a 6-month visa for the first time (as expected). For Borang Maklumat Tambahan (Form of Additional Information), Part C is to be filled in front of the officer.
Other than these forms, I found filling in forms like
Security Bond and Marriage Statutory Declaration tricky, thus I will also share
my version of filling in these forms (it might not be 100% accurate, but it got
through anyway), which eventually got my husband his first spouse visa.
Unexpected question(s) encountered while submitting documents for LTSVP application
After checking all the documents, we thought that it
was final and we had everything submitted. Out of our expectation, the officer
asked us whether we obtained my father’s statutory declaration as a sponsor. Instantly,
I explained that I was the sole sponsor of my husband though the current house
we live in is owed by my father and me. The officer further asked that who is
paying for the utility bills and any other living expenses. I explained that I am
paying it as my father is a retiree. Fortunately, he accepted my explanation
and let go of the need of my father’s statutory declaration as a sponsor
(whereby my father is not the sponsor!)
Hence, the preparation of documents related to any sponsor
could be tricky. My advice is to make sure you have a clear picture of who the
sponsor is and get his I.C. certified copy, salary slips and bank statements
ready.
Last step after submitting the documents
After submitting the documents with his passport and
my I.C., we were asked to wait and the documents were brought to the back
office for checking. It took about 45 minutes, then we were called by the same officer
together with the lady officer mentioned earlier who asked about our utility
bill. Once confusion was cleared, the officer returned us our passport and I.C.
and issued us a memo / confirmation slip regarding our application, asking us
to return after 30 working days.
As my husband’s tourist visa was expiring on 18 October,
the officer informed us to come back on that day (only about 20 working days)
to check the status. He also further added that during these working days, they
might call me if there was any issue with the documents which would put our
case under KIV. Because of this reminder, I had been quite alert to incoming
calls in hopes that everything would be fine and we could successfully obtain
my husband’s visa when we returned for collection. No payment was made for the application submission.
Last but not least, our pieces of advice:
1. Most importantly, it is rather unnecessary to engage an agent to help the documentation. As I have mentioned, the process is not difficult but just tedious and time-consuming.
2. Planning required on how and when to get these documents done beforehand
2. Planning required on how and when to get these documents done beforehand
3. Double check the documents before submissions
4. Reach the immigration office at least 30 minutes before it opens so that you can get things soon ASAPs
5. Be PATIENT~
Please click the related links below for more information:
1. Filling in a Statutory Declaration for Foreign Spouses
2. Filling in a Security Bond for Foreign Spouses
3. Collection of LTSVP
Please click the related links below for more information:
1. Filling in a Statutory Declaration for Foreign Spouses
2. Filling in a Security Bond for Foreign Spouses
3. Collection of LTSVP
Hi Tess, stumbled upon your post and it is very useful! Thank you for the detailed explanation! :)
ReplyDeleteI've got a different situation here, Husband is British and is working in an international school under working visa. Called the immigration this morning and was told that if he wanted to apply for LTSVP, they'll have to cancel his working visa, and he is not allowed to work for 6 months. The problem is that financially, it'd be very tough to survive without income for 6 months, let alone that it's impossible to not work for 6 months under a valid contract with the employer.
So in my case, my husband will never ever get the LTSVP because even if he does apply, he'll have to miss a whole year of school because of that 6 months cooling period, and it is very rare for schools to hire teacher in the middle of semester unless required :(
Thank you for your comment. And yeah, totally understand your situation. For my husband, he came to Malaysia as a tourist, thus applying LTSVP seems to be the sole option we have to let him stay here legally.
ReplyDeleteAs for yours, since your husband has a working visa to allow him to work and stay legally here, I personally think that it would be better for both of you financially. I have read many comments shared by foreign spouses that though holding LTSVP for more 5 years allows PR application, that is no guarantee that it would be approved after 5 years, resulting in long waiting and false hope. So, why not, having a working visa, working work hard and earning good money whilst making a good family planning where / how to settle down in a city from a long-term perspective.
For my husband, though he is having LTSVP, he is having difficulty looking for jobs. I guess the employees here are not keen on employing foreign spouses living here. It seems to be quite a common problem which foreign spouses in Malaysia are currently encountering.
Personally, I think marriage is not easy, what about an international marriage which is more challenging, sharing different cultures, travelling between two countries, needing strong finance, more understanding and compromise. I wish you both the best and happy for your marriage. Cheers :)
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