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Converting student pass to spouse visa

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asked on Mar 2, 2022 at 21:37
by  
edited on Mar 2, 2022 at 22:51
by   syaza11
Hello,

I am a Malaysian (F) married to an Egyptian (M). We have a kid otw. We have passed the cool off period of 6 months. My husband is currently on student pass and we would like to apply for LTSVP. However state immigration where the student pass was produced said that my husband would need to leave the country first and apply for MTP in order to reenter and then apply for LTSVP.

My question is, can i apply for 30 days special pass instead and apply for LTSVP during the special pass period? If yes, can it be under any of the following reason (Pending Approval of an Employment Pass (or other related passes, Making Arrangements to Exit Malaysia, Completing In-Country Immigration Process) or one reason is allowed?

Else, is there another way to convert student pass to spouse visa?

We would like to not fly outside the country as
- im pregnant (heavily rely on him for to and fro check ups. also in case where i got covid during delivery or baby is admitted to NICU, hes gonna be the runner)
- job offer with the condition of having spouse visa (Edit: he's currently undergoing graduate trainee and they would like offer permanent job provided we have the spouse visa. So leaving the country for indefinite period of time is not something we prefer)

He has no record of overstaying previously.

Note: Receive some chatters that state immigration works in silo and providing special pass is up to their discretionary. 
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5 Answers

answered on Mar 2, 2022 at 23:24
by  
edited Mar 2, 2022 at 23:27
by   jeff005
@ syaza11

Immigration Laws & Procedures.

1. Student Pass cannot be converted into another type of PASS.

2. Those under student pass is not allowed to get married inside Malaysia.

3. Come to Malaysia for tourism - visit and then go home
    Employment Pass (VPTE) - work only, not suppose to marry
    Complete Work Contract /Studies, go HOME.. 

4. Re-apply again for the correct type of PASS to come back.
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answered on Mar 2, 2022 at 23:49
by  
edited Mar 3, 2022 at 01:44
by   jeff005
Hi.. Hellow

We have passed the cool off period of 6 months.
What cooling period period you are referring to?
U Malaysian Muslim?
He Egyptian Muslim?

Under Civil (Immigration) Laws, a male (Ah-mooi - tak payah) must leave Malaysia after marriage. Then only can apply for LTSVP after a period of 6 months after date of marriage. This is known as the waiting period.

Cooling period of 3 months is for the issuance of the dekri nisi mutlak after the divorce has been announced by the Divorce Judge.

We would like to not fly outside the country
You need not go out.

im pregnant (heavily rely on him for to and fro check ups. also in case where i got covid during delivery or baby is admitted to NICU, hes gonna be the runner
Go and find another paid runner.. your parents /siblings/friends?

job offer with the condition of having spouse visa
Can cancel the student pass after the internship, go back home country and apply for PWP thru MDEC or ESD.

There is no such term /thingy as spouse visa in Malaysia.
The application is for LTSVP for spouse of Malaysian.
With permission from MY IMI, spouses on LTSVP can work.

indefinite period of time is not something we prefer
Meaning that you prefer to run foul of immigration laws and he get ban for re-entry for at least 5 years? It is your person choice to choose.

Receive some chatters that state immigration works in silo and providing special pass is up to their discretionary
Not true, there so many different types of "special pass" for different purposes.
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answered on Mar 3, 2022 at 00:01
by  
edited Mar 3, 2022 at 00:53
by   jeff005
Hi.. Hellow

apply for MTP in order to reenter and then apply for LTSVP.
What is MTP?
My comments here is in English immigration terms.

After completing his internship or whatever his college calls it, a student on student pass must leave Malaysia. The college has to apply for a COM to cancel the student pass (forever).

Then go back to his country, apply for a Visa for Reference from the Malaysian Embassy in Cairo, for the purpose of coming back into Malaysia for the application of LTSVP  after 6 months from date of marriage (for male spouse).

For non-cancellation of student pass, read the consequences under this thread. The LTSVP application can be rejected.

Ref : https://www.lawyerment.com/answers/questions/14150/malaysia-s-immigration-blacklisting-what-is-appeal-clearance-the-process-of
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answered on Mar 3, 2022 at 00:59
by  
edited Mar 3, 2022 at 01:01
by   jeff005
Hellow..

For issues with LTSVP issues, read here :

https://www.quora.com/Why-does-the-Malaysian-government-always-change-the-immigration-law-every-year-and-make-it-so-difficult-for-foreigner-s-spouses

Read inside the comments section.
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answered on Mar 3, 2022 at 01:09
by  
Excerpts :

# Abdallah

We have to differentiate between Laws and Policies.

Usually the Laws is standard but sometimes the policies do change because of the Covid-Pandemic.

For your case, there are things that had happened 10 years ago. Usually when a Foreigner confront issues can be that when you first come into Malaysia, the documents was not proper and suitable for the purpose of marriage.

First and foremost.. Quote “Applied for PR Jan 2019”

Which “PR” you are referring to?

I have explained this in Quora before :

Ref : What are the ways to get permanent residency of Malaysia? Please reply can we get PR of Malaysia after studying there?

How and why you have to apply for yearly LTSVP (Long Term Social Visit Pass). Some issues could have been hidden beneath the applications.

By Immigration Laws : “LTSVP”

For male foreigner spouse :

1st issue – 6 months validity period (after 6 months of marriage)

2nd issue – 1 year validity period

Subsequently in incremental periods of 2,3 then 5 years subject to certain T&C.

Having 3 children would have qualify you 5 years now.

A foreigner spouse on LTSVP is allowed to work inside Malaysia. The catch is that you have to get an offer letter from the local employer first, then apply for permission to work from JIM. Actually it is automated approval and would be endorsed in the LTSVP.

However certain companies like MNCs and GLCs, these companies needs a licence (and Quotas) to employ foreigner expats, hence have to go thru MDEC. This is to the best of my personal knowledge.

Quote : LTVS has no value at all except to be legal in Malaysia If I have to work it requires PTW and that’s another process.

Not true, LTSVP has real value for those bearers.

To work as Expat only, you only need PWP (Professional Work Permit) thru MDEC.

Note :

To get a PWP, you have make an application, once approved, you have to leave Malaysia back to home country and to come back to Malaysia under a VDR (Visa for Reference) to complete the application. And you have to cancel the LTSVP subsequently. So now, you have to renew the LTSVP first by 18th March otherwise you will be regarded as overstay. That is going to complicate matters in any other applications.

If the process is not properly carried out, there will be hiccups here and there even if you have wife and children residing inside Malaysia. You are in KL, so am I, use my profile under Quora, Google under Google Malaysia, you will find many articles written by me regarding immigration issues of Malaysia.

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Jeff Lee


 · February 14

Quote

“same issue happened with me February 2019 I lost my previous job because i couldn’t renew my PTW as the officer stated that there is new law that foreigners can’t work for out source companies”

Out sourcing companies have been banned in 2019 because it is a main source of human trafficking. Since you have used their services, you may have been deemed to be using marriage as to work in Malaysia hence a yearly LTSVP renewal was accorded to you. All foreigner expats have to go thru direct Employer /Employee contract. MDEC is the vetting Govt Agency under new immigration policies since 2019.

The Immigration Laws (Civil Laws) states that outsourced foreigner workers is NOT allow to get marry in Malaysia but the Syariah Laws of marriages turn a blind eye. Now that you need LTSVP, it is under Civil Laws, the hiccups begin to rear its ugliness.

I love your attitude.. Quote :

“I’m not looking for anything free”

As I have written as above, hidden issues could already be there in the 1st instance you first came into Malaysia 10-12 years ago. It was NOT rectified before you gotten married to a Malaysian. This arises from the outsourcing agent that had bought you into Msia in the first place who was trying to enslaved you under their control.

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