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Muslim Malaysian married abroad with Muslim Non-Malaysian

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asked on Nov 21, 2017 at 14:36
by   sofea
edited on Oct 18, 2018 at 01:13
 
Would like to ask if anyone who is Malaysian has experience married abroad with non-Malaysian. What should we do after return to Malaysia?

I read some article online which states that we need to go to Registrar of Marriage in Malaysia so they can recognize of our marriage.

I'm married to non-Malaysian abroad on 28 July 2017. I'm in Malaysia right now. And my husband still in his home country because he got problem with the Immigration. So, is there any way to register our marriage even though he can't be in Malaysia for few years. But, I still want to register our marriage.

Is there anyone who knows the procedure?
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10 Answers

answered on Nov 21, 2017 at 16:41
by   sofea
edited Oct 18, 2018 at 01:18
 
@jeff005.. 

I think you might have misunderstood me or my sentences made you misunderstood me. I'm married with Muslim, but he is not Malaysian. You are quite popular here, Jeff. I hope you have solution for me. 
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answered on Nov 21, 2017 at 17:33
by   jeff005
edited Oct 18, 2018 at 01:22
 
Oops sorry, I was on old handphone small screen. Missed out the "Muslin non-Malaysian" word. Please excuse this old man.

How to register your marriage here when he cannot be here for the solemnisation?

International Laws to protect yourself is to first register your marriage at the Malaysian Embassy in his home country. That would give legal status to be there for long term. For Malaysia, the civil laws here would require the marriage with foreign spouse to be registered too. After the period of ban, come again for registration. Then register the marriage at his country's embassy too. These procedures are mandatory to protect your rights as a wife, and in the future, most important, your children.

Why was he banned?
Any serious overstaying?
The ban was already there before the marriage?

Depending on the circumstances pertaining to the ban, you may appeal for a shorter ban. Start the appeal after one year. Useless to do so before one year. With the documents from the Malaysian Embassy there, you have the locus standi to appeal on his behalf.
You do not need a lawyer. You can DIY or use the services of a court petition writer. If you use lawyer to write, the Immigration people will feel intimidated and will sure to reject. Lawyers are used for immigration court cases, other than that they are useless at the Immigration.

Good Luck, Trust me.
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answered on Nov 21, 2017 at 17:43
by   jeff005
edited Oct 18, 2018 at 01:23
 
Better still, get pregnant one year after the start of the ban period. A child needs the father to be here for child birth and joint parenting. Applying Child Laws will give you leverage. Stronger grounds to shorten the ban.

Who knows, with Allah blessings, he could be back before end of 2 years?
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answered on Nov 21, 2017 at 18:55
by   sofea
edited Oct 18, 2018 at 01:25
 
@jeff005

He got serious overstaying case and we married after immigration banned him as we can't marry without valid visa in Malaysia. What you say about this situation? Is it still applicable with what you said above?

Its true what you said. I made an appeal letter 3 months after he returned to his home country. As expected, they rejected.

I already registered our marriage in Malaysia Embassy in his home country. 
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answered on Nov 21, 2017 at 20:06
by   jeff005
edited Oct 18, 2018 at 01:25
 
Which country is he from?
How long he has overstayed, years months?
He returned via the 3+1 voluntary surrender or caught walking on the streets or working?

Curious question:
Why you still go over to get married there even you know that he has been banned? You planned to migrate to his country?
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answered on Nov 22, 2017 at 14:12
by   sofea
edited Oct 18, 2018 at 01:35
 
@jeff005

He overstayed almost for one year. He surrendered himself to immigration. Not caught by them.

We got engaged 1 year and 1/2 back. We were waiting for approval from the Immigration to extend his work visa. We did receive the letter but it was fake. We got that approval letter which got immigration stamped. We have no idea that it was fake. So that's why he surrendered himself after making a police report.

Is my case too complicated @jeff? Difficult solution for us?
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answered on Nov 22, 2017 at 16:23
by   jeff005
edited Oct 18, 2018 at 01:37
 
Further questions:

1.  Is he from Pakistan or Bangladesh?

2.  How did he surrender? With the help from Embassy Officers or otherwise?

3.  What was in the police report, briefly..

4.  For Muslims, are there documents given for engagement? Need documentary proof of intention to marry here before cheated by agents.

5.  Any proof of dealings with fake agents? This would help in the appeal process.

Your case is a direct case, except that our immigration system always hold the notion that some of these are marriages of convenience as practised by some migrants from counties especially IRANIANS.

To make a successful appeal for reducing the ban period, a notable sequence of events is required to justify the appeal. He came in on a Social Visit Pass, correct?
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answered on Nov 22, 2017 at 21:37
by   sofea
edited Oct 18, 2018 at 01:44
 
@jeff005

1. My husband is from Pakistan and working with work permit for 3 years back. 

2. He surrendered himself to the Immigration with the proof that he was cheated by agent and police report with new passport. Immigration didn't even see the fake letter. When I questioned them why got immigration stamp, they just ignored me and asked other questions.

3. We told the police report the whole story including payment with some transfer receipt and fake letter which got blue stamped of the Immigration.

4. Muslim doesn't have any engagement proof. But he did got unmarried certificate and affidavit from his embassy to get married here before cheated by agent. For your info, affidavit got date of issue.

5. We only have few transfer slips to agent account and with the fake letter from the Immigration. It won't be from the Immigration if it was fake isn't it?

Did I explain clearly? So, is it possible to register our marriage without husband around?
It is okay if he can't be here during that banned period but I would be happy if can shorten his banned period.

You are quite informative @jeff. Thank you so much. I appreciate that. 
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answered on Nov 23, 2017 at 04:18
by   jeff005
edited Oct 18, 2018 at 01:49
 
@Sofea 

Do you mean that when he first came into Malaysia, he has got a valid employment work permit 3 years ago? Was there a sticker on his passport pages?

Reason I keep asking for his country is that for the past few months, there were syndicates making false immigration passes and work permits from a few countries and they were caught by police and immigration. One notorious syndicate was Pakistanis. So, immigration can be sympathetic towards your husband case. But laws are laws, they would rather deport him and banned him 5 years. Case closed...!!!

There is no way to register a marriage without him being physically here.

I can be informative only when people reply truthfully answer my questions, not half truths.

Personal views/opinions, non legal:

You have a strong case to bring him back after one year.

This voluntary surrender is only 2 years ago. It carries a ban of 5 years. There were no challenges in a court of law. Not that I know of and of successful appeals. According to my understanding of laws, it can be appealed with valid reasons. By now, you would have realised that all the questions I have asked you are actually guiding you to bring your case to court if needed. Those are the facts that can be tendered as supporting affidavits. It is actually not expensive to use cheap lawyers if you have a strong case. Please note that you are not suing the Immigration, but making an appeal for a shorter ban period. If only the Immigration rejects your appeal again after one year period, try appeal via court process.

I shall explain further later. I have internet access problems. Tedious to rewrite.
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answered on Nov 23, 2017 at 04:48
by   jeff005
edited Oct 18, 2018 at 01:51
 
@sofea 

Personal opinions only, non legal:

To file an appeal case, it can be done in the Civil or Immigration Courts.

You have to prove:
1.  There is no intention to overstay
2.  Mislead and cheated by fake agents
3.  Intention for marriage before cheated by agents
4.  A legal marriage was conducted overseas and properly registered with our Malaysian Embassy.

The other option is that is whether to file it in a Syariah Court as it is pertaining to Family Issues. Please take note that Syariah lawyers can be expensive. You can approach BBG for subsidised fees. 

From my readings of Sunnis and Shias marriages issues, I have read from Arabic scholars from Cairo universities that there is a clause that the Muslim man must provide for the wife, give mental and moral support to the wife especially during child birth and fatherly support to the children. In Islamic laws, you two are already husband and wife. If he cannot come back to complete the Malaysian part of civil marriage, there is already an injustice to the both of you. For unintentionally breaking overstay laws, he has been "punished" for one year no entry, it will be harsh for a 5 years ban.

If you have the funds, can try. Don't try means 100% cannot. Immigration Departments are full of fathers and mothers, they can be sympathetic, including the Judges.
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