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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
Hi there. Would like to ask if anyone who is malaysian have experience married abroad with non-malaysian. What should we do after return to Malaysia?

I read some article online which is stated we need to go to registrar of marriage in Malaysia so they can recognize of our marriage.

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

Is there anyone who know the procedure ?
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answered on Nov 21, 2017 at 15:13
by   jeff005
edited Nov 21, 2017 at 17:52
by   jeff005
Error
Transmission tergendala
Blame Astro
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answered on Nov 21, 2017 at 16:41
by   sofea
Hi @jeff005.. 

I think u might misunderstand or my sentences make u misunderstand. Im married with Muslim, but he is not Malaysian. U quite famous here Jeff. I hope u got solution for me. 
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answered on Nov 21, 2017 at 17:33
by   jeff005
edited Nov 21, 2017 at 17:36
by   jeff005
Oops sorry, I was on hp old small screen. Miss out the muslin non Malaysian word. Pls 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 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 the ban, you may appeal for a shorter ban. Start the appeal after one year. Useless to do so before one year. With the docs 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 IMI ppl will feel intimidated and will sure to reject. Lawyers are used for immigration court cases, other than that they are useless at IMM.

Good Luck,
Trust me,
Buy me teh tarik when he is back, and if I am still alive.. Haha
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answered on Nov 21, 2017 at 17:43
by   jeff005
edited Nov 21, 2017 at 17:51
by   jeff005
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
@jeff005

He got serious overstaying case and we married after immigration banned him as we cant married without valid visa in Malaysia. What u say about this situation? Is it still applicable with what u said above?

Its true what you said. I just make appeal letter after 3 months 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
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 Q
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
@jeff005

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

We got engaged 1 year and 1/2 back. We were waiting to get married for approval from immigration to extend his work visa. We did received but it was fake. We got that approval letter which got immigration stamped. We dont have idea it was fake. So thats how he surrender himself after 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 Nov 22, 2017 at 16:28
by   jeff005
Further Qs

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 polis repot, briefly..

4.  For Muslims, are there docs 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 esp 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
@jeff005

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

2. He went surrender in immigration himself. Just with the proof that he was cheated by agent and police report with new passport. Immigration didnt even see the fake letter. When i questioned them why got immigration stamp, they just ignore and ask other question. 

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

4. Muslim dont have any engagement proof. But he did got unmarried certificate and afidavit from his embassy to get married here before cheated by agent. FYI, affidavit got date of issue.

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

Did i explain clearly? so, its possible to register our marriage without husband around isn't it?
Its okay if he cant be here for that banned period but I would be happy if can shorten he banned period. :p

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
@ 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 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 ban 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 Qs, 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. By my understanding of laws, it can be appealed with valid reasons. By now, you would have realised that all the Qs I have asked you is 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. Pls note that you are not suing IMM, but making an appeal for a shorter BAN period. If only IMM reject your appeal again after one year period, try appeal via court process.

I shall explain further later. I hv internet access problems. Tedious to rewrite.
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