Malaysia

Heartbreak for foreign hubby as S’wak immigration rejects visa bid multiple times

Indian national with heavily pregnant local wife risks being blacklisted

Updated 5 years ago · Published on 25 Apr 2021 8:00AM

Heartbreak for foreign hubby as S’wak immigration rejects visa bid multiple times
Indian national Yan says the Bintulu immigration office has repeatedly turned down his spousal visa applications and pleas for help. – Bintulu Immigration Dept Facebook pic, April 25, 2021

by Rachel Yeoh

BINTULU – They first met in Mumbai, where they fell deeply in love and had a dreamy relationship for eight years: he, an Indian national, and she, a Sarawakian of mixed Malay-Iban parentage who had a working stint in the glitzy metropolis.

It seemed as though a joyous future was on the cards for the couple, whose romance was straight out of the movies.

However, their happiness hit a wall soon after he arrived in her hometown in Sarawak to prepare for their long-awaited marriage, just before the movement control order (MCO) was imposed across Malaysia last year.

The man, who wanted to be known only as Yan, is now overstaying in the state after his request for a spousal visa or extended stay was declined by the immigration office here.

With his wife now 36 weeks pregnant, he is perplexed as to why he is being forced to leave Malaysia.

In an interview with The Vibes, Yan said he entered the country on March 17 last year, a day before the MCO, to prepare for his wedding scheduled for April 4 by the Sarawak Islamic Religious Department (Jais).

However, the event was postponed due to the Covid-19 lockdown.

“I came to Malaysia – flying directly to Sarawak after transiting at Kuala Lumpur International Airport – a couple of weeks early (before the wedding date) to make the necessary preparations, but then, there was the lockdown,” said Yan.

“At that time, we didn’t know what could and could not be done.

“Jais told us that our wedding had to be postponed, and while waiting for a new date, my social visit pass expired.”

His Indian passport allows him to make multiple visits so long as he exits Malaysia after 30 days. But, he has not been able to do so due to border closures. 

Problems with Bintulu immigration office

The couple eventually married in Miri on May 29 before returning here, where Yan’s wife works.

Yan said he reached out to the immigration office to apply for a spousal visa, but the officer was not able to grant him one.

“Only one officer was handling foreign visitors, and she said no one could settle my problem if she couldn’t.

“I was told to exit Malaysia and re-enter as my social visit pass had expired.

“I tried to explain that under the current circumstances, I can’t exit and re-enter, because all countries have closed their borders. But I failed to make her understand.”

Yan’s Indian passport allows him to make multiple visits as long as he exits Malaysia after 30 days, but he is unable to do this due to border closures triggered by Covid-19. – Wikipedia pic, April 25, 2021
Yan’s Indian passport allows him to make multiple visits as long as he exits Malaysia after 30 days, but he is unable to do this due to border closures triggered by Covid-19. – Wikipedia pic, April 25, 2021

Yan’s hopes rose when he saw a Facebook group stating that the Immigration Department in Kuala Lumpur was issuing spousal visas to those with expired social visit passes.

But when he again reached out to the Bintulu immigration office, he was met with fresh rejection.

“She told me that Peninsular Malaysia has different immigration rules from Sarawak.

“I said, I completely understand, but the rules that you are talking about are applicable to a normal situation. What we are going through right now is not a normal situation.”

He was told once more to exit Malaysia to be eligible for a spousal visa upon re-entry.

However, by doing so, he would run the risk of not being allowed in, as many foreign nationals who have requested to re-enter using the My Travel Pass have been rejected multiple times.

Yan’s wife told him to wait it out and see if stranded tourists would be allowed to remain in Malaysia.

All documents submitted

Everything changed when a government notice issued recently said all foreign nationals were to leave Malaysia by April 21, or risked being fined or detained.

Yan went to the Bintulu immigration office, and was given the same response. He then contacted the immigration headquarters in Kuching.

“They told me that I don’t have to reach out to them directly, as the Bintulu office is supposed to send over issues that cannot be solved directly to them, along with the relevant documents.

“When I went back to the Bintulu office to tell the officer about the request from headquarters, she said they could not forward the documents.”

Yan persuaded the office manager to send the documents. There has yet to be a reply.

“I submitted all the documents a week ago, but have not received any response whatsoever. I tried calling the Kuching immigration office hundreds of times, but they keep pushing the matter to Bintulu, and vice-versa.

“I don’t know what to do. I have produced all the documents: a letter from the embassy, a letter from the doctor stating that I cannot leave my wife under such circumstances, and a letter from my wife’s workplace, among others.

“Currently, I am not even asking for a spousal visa. Just let me stay a little longer until my wife gives birth, so that I know she and my child are safe and healthy – then I’ll leave for India.”

Yan said despite his pleas for an extension, the officer simply told him that if he did not leave by April 21, the office would not be responsible should he get blacklisted.

He said he has considered other options, but they are not advisable given his situation. His wife is too far along into her pregnancy to fly with him to India, and once their child is born, the sky-high Covid-19 caseload in India would be dangerous to the newborn.

“I don’t know what to do, and nobody has an answer to my question. I don’t know who can help me,” said Yan.

“People with fewer documents are getting spousal visas on expired social visit passes. I could have gotten it way back in May or June, but I didn’t.”

He expressed hope that there will be clarification on how Sabah and Sarawak handle cases like his. – The Vibes, April 25, 2021

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