The plight of foreign spouses in Malaysia

Malaysia is a wonderful country to earn a living and also to live comfortably in comparison to most other countries in the region. The nation's security and economic stability provide an ideal environment for many emigrants to enter the country, either legally or illegally through syndicated human trafficking activities that the authority has discovered recently. Although the government does not have an accurate statistics on the actual number of illegal immigrants, it is believe to be in the region of more than 2.5 million people. It is an indirect human capital asset to the government which also provide a reasonable economic impact to the nation's financial resources.

In post independent Malaysia, the issue of citizenship and domiciled permanent residence are being regulated by the provisions as stipulated in the Federal Constitution. However, in the post 1957 era after independence, various steps were taken by the government in approving any outstanding citizenship applications as guaranteed by the Constitution. According to the Constitution, all persons born in 1957 are automatically citizens of Malaysia.

Today, Malaysia like any other countries faces global challenges in the intervention of human rights and transmigration issues as we live beyond the borders of our neighbors. The world is becoming smaller through the rapid and efficiency in communications and ICT global networking. Malaysians travel worldwide to seek better business and professional opportunities as well as in furthering their quest for education excellence. Thousands of Malaysians of all ethnic origin, Chinese, Malays, Indians and others are living, working and studying overseas around the world. The United States of America, England, Canada, Australia and New Zealand top the list of preferred countries for Malaysians in seeking new opportunities. Over the last few decades, thousand of Malaysians decided to adopt foreign citizenship or stayed on as permanent resident.

As a result of the above global integration, intermarriages became a matrimonial trend and resulted in the increase of foreign spouses on their return to Malaysia. It is neither a choice nor preference that these patriotic Malaysians returned to their homeland in order to be with their loved ones and extended families. The majority of these new bred of Malaysians with international exposure are young professionals. Some are also married to foreign spouses who are professionals that may enhance our human capital development for the nation.

It is hope that the government will consider seriously the plight of foreign spouses who are required to apply and obtain their permanent residence. Over and above the security clearance requirements for the consideration of a permanent resident, the government should review the bureaucratic application procedures. In most developed countries, foreign spouses are allowed to seek employment on the basis of work permit while waiting for the outcome of their PR application.

Malaysians who are married to foreign spouses should be given an equal opportunity to enjoy the same social benefits like all other citizens. It is a positive move by the Home Ministry to consider children who are born overseas of mixed Malaysian and foreign parentage, are now considered as citizen upon their birth registration with the Malaysian Embassy or High Commission. Malaysia is now on the right track to resolve our transmigration issues in line with international practice and convention.