barryfaetheus

Thank you. This is great information. I will try this next time I am in Malaysia. The requirements for the sponsor seem to be minimal, looks like any Malaysian citizen is fine, so probably a lawyer or similar.

If you happen to try this approach, please also let me know the outcome.

RedApe

In Sarawak this would likely require that the sponsor be a Sarawakian. This would be the person who would guarantee the Personal (aka security) Bond...which varies between countries of origin. It is essentially based on the distance...and covers the "expatriation" (i.e deportation) costs if you do a no-no according to the terms of your visa. The maximum Personal Bond amount is now RM3000.

barryfaetheus

Oh, ok. So I guess a lawyer would not necessarily be willing to do this, but I guess I can find someone. Leaning more towards Penang/KL than Sarawak at this time.
Thanks

Lumine

This is great advice! Any updates? I would be extremely grateful to know.

I was born in Malaysia and after 20 years of legal residence in the UK, acquired British citizenship by naturalisation. I came to Malaysia to work, on short assignments (2012-13) and from 2014 granted an Employment Pass via my employer. At the very end of 2018 I was granted RPT (Residence Pass Talent) for an initial 5 years, extendable for a further 5 years in December 2023. Due to unforseen circumstances I no longer qualify for RPT. (Personal assessment). I do not know if the officials have very much discretion in this. I have personal and familial obligations here and need to remain in MY.

I then discovered this: 'Residence Pass is a pass issued to any foreign national who falls under any category specified under Regulation 16A, Immigration Regulations 1963'
As you have pointed out, Category 5 under Reg.16A applies to ex-Malaysians who wish to reside in Malaysia (note special conditions for Sarawak and Sabah).

The offical website only lists forms and photos to be supplied, but says noting about ciriteria used to determine qualification. Put another way, can anyone capable of filling in the forms and providing the photos qualify for a Residence Pass? Is there no discretion involved?

Has anyone already been through the process? I would be eternally grateul for personal experiences as none of the lawyers I have contacted know about this and have only suggested other routes. Why? This is so straight forward!

marssie

In later of year 2021 I called Putra Jaya to enquire about the same matter. The officer was open enough to tell me that for so long her tenure (few years) at the department she has never seen any of such application is approved. I can understand this, perhaps it's a sentiment of why should a country take back those who gave up their citizenship in the first place. Is like if your girlfriend or boyfriend ever gave you up for another new love, would you take him or her back? Being diplomatic the possibility is to apply is offered, however when come to approval, it is subject to their will. There can be always a reason to reject. The officer advised to try on MM2H instead. For no harm you can still try to submit for the Residence Pass, it takes 6 months to process as advised at that time in 2021.

Lumine

Thank you marssie - From your previous posts on this thread, I guess you too are an ex-Malaysian. Why else would you be here? LOL! So, on that basis, what happened to your application? It seems to me that you eventually chose not to apply. I think every situation is different and each office may exercse a small degree of discretion. I imagine that State level offices only administrate (that's to say, issue, collect and verify forms and so on). I imagine that in a highly centralised system (as in Malaysia) the Minsitry at Putrajaya will be the ones making the final decision. But equally they probably decide on the basis of recommendations from the state-level offices. Anyway, I hope so. I have just started my process, and found the State-level officers very helpful.

As to perceptions and motivations, the regulations were created in 1963 - the same year that 'Malaysia' was born - a time of change and flux with borders, nationalities and for people. I can understand the country making provision for ex-Malaysians. As for attitudes in 2023, I am not sure that attitudes are as judgemental as you suggest: "...why should a country take back those who gave up their citizenship in the first place." Each experience is different and the usefulness of this forum is to help figure out what other experiences are similar to one's own.

cw42

Hi Lumine, just wondering if there is any update with your resident pass application?

Lumine

I noticed that you just joined. You are probably in a similar situation - or someone you know is. So, general reply for now. After a tedious process of obtaining, copying and validating documents, that went on for about 6 months, I have now applied. It look me a long time to get copies of lost documents, so it will be easier for those who have everything to hand. The Malaysian officers at government officers have been wonderful - friendly, helpful, patient, and a couple of times going well beyond what can be expected. It seems that the starting point is pretty strict. Get the checklist and follow closely what is listed. It is about the documents first and foremost. But if anything is tricky. a positive, respectful, friendly attitude and effort to explain in Malay helps hugely. I am not likely to hear until Sept 2024 at least but feel positive about the process and my meeting the requirements. Do ask specific questions as I have a fair bit of direct experience now.

cw42

thanks for your reply Lumine, great to hear from someone who has direct experience. The checklist look quite straightforward. Did the authorities give you any indication of chances of approval and likely how long is the residence pass entitled for?

Lumine

Sorry to have missed your message.
My experience - I had several meetings with Immigration Officers at the counter. By meetings, I mean I personally went to the Immigration Office to show documents and seek clarification. There are a few variations of the application forms online. The Govt now requires the forms in Malay so please note. In my case I was given a hard copy form after a review of documents. The Officer went through a checklist and marked what she considered 'missing' with a few notes (like 'number of copies' or 'certified') To me, this was a threshold test. If I could satisfy the criteria, I would 'qualify to apply'. They could not guarantee anything and kept saying that it was up to Putrajaya. My impression is that the State Immigration Office would confirm that all checks had been done and the reviewing officer would recommend approval (or refusal, I suppose). My guess is that each State Immigration Office would want to keep up its KPI of 'percentage of recommendations approved' (or similar). So, although not guaranteed, I think the chances of Putrajaya approval are high. I was told it could take six to nine months to come through.
Other things to note - you have to apply in the State Immigration Office where you are resident. I went to Putrajaya after an official on the telephone said that I could! My Sponsor (my sister) who lives in KL came with me but we were told that we both had to attend the State Immigration Office in person. This caused inconvenience. But in fairness, my Sponsor did not have to attend in person a second time in order to provide official conformation of employment, pay and LHDN (tax office) information. Perhaps they took pity on me, but best to provide everything in one go.
In my case - my previous Residence Permit expired before I could finalise my application and I had to leave MY and re-enter as a visitor. I was extremely nervous about this as I was not returning as a visitor in the strict sense. I carried all my documents in case I had to explain to the IO at the airport. But I was not asked any questions. In addition, I subsequently obtained a two month extension (RM200) on my stay (Special Pass) at the State Immigration Office and was reassured that this could be renewed (I think on a monthly basis for RM100 each time, until my Residence Pass came through. I believe that the ex-Malaysian RP is for five years and is renewable. I assume renewals are automatic as long as circumstances are the same, although given what happened to the MM2H pass, there are no guarantees. I still do not know if an when this can be converted to Permanent Residence. There is of course such a category, but I don't know the criteria or process.