Page 76 - BPAReport

5.8 Policies for foreign spouses

157. Non-citizen spouses of Malaysian face many problems when seeking employment in
Malaysia. The official policy applicable to employment of foreign spouses appears to be
aimed at discouraging such persons from seeking paid employment. Foreign spouses of
expatriates face less problems when seeking employment in Malaysia but there were
complaints of inconsistent procedures. The obstacles and barriers faced by foreign spouses
from established policies and non-standard practices include:

- approval for employment is at the discretion of the Immigration Department
without transparent processes or standard recourse for appeals or reconsiderations. In
this connection, the duration of the spouse visa also gives rise to problems.
- spouse visa (LTSVP – long-term social visit pass) expressly states “any form of
employment is strictly prohibited” which restricts the approval process for
employment;
- the process for seeking approval for employment is long and with no set
determinate schedule for service delivery;
- approval for employment is restricted to the single employer and state of residence.
Any changes in the employer and state of work require engaging in the long
reapplication and approval process;
- duration of employment approval is tied to the validity of the LTSVP;
- foreign spouse can only seek employment approval after 6 months of marriage;
- approval for employment of foreign spouses is disallowed in certain economic
sectors;
- foreign spouses who become widows or are divorcees have faced difficulties in
retaining LTSVP status thus affecting their employment status.

158. In view of the tight labour market situation in Malaysia, the Independent Committee
proposes a substantial moderation in the current policy applicable to foreign spouses of
Malaysians, and applicable to those of expatriates. The approval process for employment
should be made more transparent, less onerous and flexible within a facilitative ecosystem.
This is especially appropriate and sensible where the foreign spouse possesses high-skilled
knowledge-based qualifications with the relevant work experience consistent with the skilled
workforce requirements to drive the economy to achieve high income status. Incorporating
female foreign spouses into the work force will also serve to augment the female labour force
participation rate.

5.8.1. Overall policy applicable to foreign spouses

159. Purposeful policies tantamount to routinely allowing and facilitating the employment
of foreign spouses of Malaysian citizens must be put in place. Where appropriate this policy
should be extended to or similar for foreign spouses of expatriates.

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