Page 78 - BPAReport

164. A foreign spouse may apply for employment approval without requiring the
endorsement of the partner.

165. The current policy providing for employment of foreign spouse to commence after six
months of the registered marriage date will continue to apply. However, the application for
employment approval may take place during this six months period.

166. The acceptability and genuineness of the documentation submitted for marriage
registration will follow the requirements and acceptance of the relevant Malaysian authorities
which should be consistent with the determination of the Immigration Department providing
the LTSVP or Expatriate Spouse Employment Pass. Similar requirements will apply in
documentation for LTSVP change in status to widow or divorcee.

5.8.4. Enforcement matters

167. MOHR in coordination with JIM and the National Registration department will
develop the standard operating procedures to verify that the documentation presented to
declare the status of being married, divorced or spouse deceased is valid and acceptable to the
authorities. This random verification is required to protect the integrity during the application
process of the online declaration attesting that the official documentation of marriage has
been registered with the relevant Malaysian authorities and meet the conditions and
requirements for employment application.

168. The document verification process should be completed within a reasonable time
frame, but in any case should not require more than 30 work days. The foreign spouse
concerned should be informed that an audit and verification process of the documentation
provided is being undertaken. The reasons for rejection of the documentation provided to
support the application should be provided and a due process for appeals put in place. The
results of these processes will be uploaded using a standardised form into the online database.

169. The Immigration Department in coordination with MOHR and the Police, should
develop and undertake a program of random inspections of holders of LTSVP or Expatriate
Spouse Employment Pass, to ascertain that they continue to comply with the conditions
stipulated to maintain their residence and employment status. Indicators from the online
system should be used to monitor the evolution of outcomes under this program and to detect
risks of abuse or misuse of the system. The results and findings of the inspections should be
uploaded in a standardised format into the online database.

Policy Recommendations for foreign spouses
1. Approval for the employment of foreign spouses will be vested in MOHR to
routinely allow and facilitate employment
2. The approval process will be incorporated into a segment of the online foreign
worker application and approval system
3. The online system will have the capability to issues Smart IDs for foreign spouses
4. Enforcement actions will focus on verification of marriage documents provided

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