OriginalSunshine

Swk doesn’t give a monkeys about Khalwat itself. Though men must still convert theoretically if a woman is Muslim theoretically in order to be married. That said it is conservative Christian as well, so you would be looked down upon for cohabiting.

Mixed marriages still happen. But Muslims are Bumi, so have more rights than non Bumi even in Swk, and access to cheaper land and university places for children etc etc. Positive discrimination continues.

But many men pretend to convert to get married and it’s really not an issue as so many do. Divorce can be painful because they can’t unconverted as it makes life for the chi,drawn then difficult re status.

RedApe

Okay, I have to say that I'm a little confused.

Are you saying that you tried to register the marriage in Malaysia? Was that in Sarawak or KL?
Names should not make a difference...one does not have to change ones name to a Muslim name to convert.
Now you mention that your wife is a convert...from Christianity? From Hinduism/Buddhism? So she wasn't BORN a Muslim? Are her family Christians (Bidayuh, Iban, Chinese)?

That may, eventually, allow her to return to her original faith provided Sarawak changes the law. She could return to her original name or use her married name. If that is allowed your marriage might then be recognized in Sarawak. How that would work elsewhere in Malaysia I have no idea. You might be required to get separate rooms But if the MyKADs are no longer have religion upon them then there'd really be no way for them to know if she changed her name.

And again, what's her citizenship status. Is she still Malaysian?
"The following are grounds for involuntary loss of Malaysian citizenship:
1) Person voluntarily acquires foreign citizenship.
2) Registered or Naturalized citizen comes under criminal sentence at home or abroad within five years after gaining citizenship.
3) Shows disloyalty to the country and Government of Malaysia.
4) Works for a foreign government without permission of the Malaysian government.
5) Resides continuously abroad for more than five years without registering with Malaysian Embassies or Consulates.
6) Citizenship was obtained through fraud or false statement."

Note #5

RedApe

Simon...there is a parallel discussion by someone else in a similar situation right here.

http://britishexpats.com/forum/malay...laysia-910329/

si196426

Yes we tried to register our marriage in Sarawak/Serian, my wife was a christian and then had to convert to muslim due to her 1st husband being a muslim. She is PR of sarawak as she is only on a 30 month wife visa, which allows her to work here aswell.

RedApe

Here are some recent news article relevant to your situation. As you can see, things are very much in flux...but are clearly (politically and legally) different from on the peninsula. Hopefully there will be more of a resolution by the time you plan on moving.

High Court allows convert to renounce Islam – BorneoPost Online | Borneo , Malaysia, Sarawak Daily News | Largest English Daily In Borneo

Crowds gather as Federal Court hears conversion appeals – BorneoPost Online | Borneo , Malaysia, Sarawak Daily News | Largest English Daily In Borneo

Clear guidelines needed for converts – PH – BorneoPost Online | Borneo , Malaysia, Sarawak Daily News | Largest English Daily In Borneo

Scaz

Looking for some clarification here.

My wife and I have visited Malaysia off and on for a few years and spent most time in Penang. We've done visa runs but this causes the other half some stress, so the more relaxed requirements for MM2H in Sarawak are of great interest. We are not in a position or prepared to go down the fixed deposit path right now, so income it must be. But I'm a little confused about the monthly income requirement. From most discussions it is quoted as a government approved pension, but on the govt site at sarawak.gov.my/web/home/article_view/221/279/ (sorry I'm new can't post URL) it is defined like "Applicants must show proof of monthly off shore income /pension funds of RM10,000 for married couples or RM7,000 for single applicants;" - the key words being "off shore income". I'm not yet retired so have no pension, but do have the offshore income. So two questions:

1. Has anyone gained Sarawak MM2H based on income alone that is NOT a government approved pension (or know of anyone of course);
2. What is required to prove this: bank statements, payslips, invoices etc.

I'm hoping for evidence here. I did call a Sarawak agent to ask, but they were pushing the fixed deposit path as 'easier' and didn't give me a satisfactory answer. FYI they charge RM10,000 and require half of this up front. They will attend the interview on your behalf and provide the sponsor. I'm not of a mind to go that way, it seems expensive and I've filled out forms before. The main advantage of that route is the sponsor side, even though I understand agents are not supposed to act as sponsors. But as my local friend says, ' Boleh'... which is his general response to most Malaysian don't and can't situations. BTW I called another agent who promised to call back, but didn't.

As yet I don't know how to satisfy the sponsor part, but one step at a time. I'm asking around Penang for any Sarawak friends and relatives...

RedApe

I'm supposedly the expert here on this but can't say I can clarify. I used a real government pension. Grammatically, I would say the slash means that you could use other regular assets as an option. Otherwise why not just say "government pension" and leave off the "/offshore income". But that's my "language is supposed to be precise" college professor avatar.

I think that you simply have to show that this income is regularly being supplied by demonstrating it is coming into your bank accounts (last three months) or is being issued (payslips/warrants). I showed the latter for my pension, but had copies of the former just in case. It turns out that Sarawak doesn't inquire about your "liquid assets". Unlike the peninsula they don't have that requirement. Neither do they require the police report.

Diana Corazon Blikau is the point person for the Sarawak My Second Home program [email protected]

She might be able to answer your questions.

I'd ignore the local agents thing if you can find a local sponsor. Just sit down with them and make sure they know your previous/current profession, you and your wife's name, why you want to settle in Sarawak. I'm not sure that the State Government actually considers agents as legitimate. I wish that they'd offer an alternative to the local sponsor situation...maybe submitting a letter of Good Conduct and depositing the Personal Bond up front rather than have the sponsor act as the guarantor.

Scaz

Thanks Ape, that was quick. I'll email Diana and plead my case. I think I'll also ask if there is any way the local sponsor requirement can be relaxed. Given that the visa allows residence anywhere in Malaysia, I wonder if they frown upon blatant 'I want to live in Penang' declarations. Hmm, Kuching looks nice.

Gunnar45

It may be a good idea to jointly with the proof of monthly salary deposits to also provide an employment certificate also mentioning time employed, position and your gross salary.
I had my employer write a 'to whom it may concern' employment certificate when I applied. (Not Sarawak though)

Scaz

Good point Gunnar. Thanks for the suggestion.

RedApe

I wouldn't even mention not living in Sarawak. That's a bug in the visa system...you get a standard MM2H visa (but endorsed in Kuching) which allows residency anywhere. If you prefer to live in Penang then simply do so.

I'd quote the regulation and say that you haven't quite reached "pension age" yet but could demonstrate regular income "in retirement" "What is required?"

Also ask about the agents thing. And if she had any ideas about finding sponsors. You might start vacationing in Sarawak until you can find someone. I don't think they will relax the requirement. Pity that they don't set up "meet and greets" or "adopt a retiree" program.

I've been trying to get them to change that aspect of the program (as well as the way they do Fixed Deposits) for some time. They could really generate many more applicants/recipients and generate more investment, foreign exchange, and something that would buffer their seasonal tourism industry.

Scaz

Thanks RA. I've already emailed and the two questions I asked are exactly as you also suggest. I'm not one to tempt fate. I did also ask what was the intent of the sponsor regulation, and should I just be a tourist repeatedly for as long as it takes to get a local person to sponsor us. Seems somewhat odd that this should be the way to do it, but it is what it is. Just have to keep knocking on doors.

Epicurious

I've seen four Sarawak agents listed on the official MM2H website - do you mind telling us which one is wanting RM10,000? Does that figure include the bond? It seems an awful lot for collating a few forms and finding a sponsor.

Good luck and do keep us abreast of developments, including the gist of any reply you get back from DianaCB.

RedApe

Since no bond is directly paid to the government an agent may insist on holding the bond. The bond in Sarawak is "promissary" - if there is misbehaviour on the part of the recipient it can be demanded of the sponsor for the purposes of deportation costs. But it should clear state that this is refundable. Still the bond is likely only to be between RM1000 and RM2000. Not sure if this is only for the original applicant or all persons on the visa though? Did they provide a roster of costs? Most of the Peninsular agents are somewhat transparent about what is included and not.

http://www.mm2h.com/forms/personal-bond.pdf

Definitely get back to us.

Joy Stay Malaysia My Second Home is fairly transparent about the fees and what is and what is, and is not, included. But they will not do the Sarawak program. I think there was a reason why Sarawak terminated the use of agents, and when I pointed out the Federal Gov't had approved 4 agents locally the Immigration officer was quite surprised and one could detect some degree of upset. Clearly there was a mismatch and lack of information sharing, at least. This, and the fact that the information about a 10 year visa (rather than 5 years) was something that the State Immigration seemed concerned about learning. I think there may have been some sort of legal issue in the past. Or maybe they don't simply like the idea of "buying sponsorship".

They were also concerned about links between the sponsors and being agents for property, although this seems not to be disallowed. The main concern was that she didn't think that sponsoring the MM2H applicant should be compulsory on purchasing a particular property. I suggested "what about a deposit" and she said that as long as it was refundable it would probably be alright.

RedApe

BTW Joy Stay has a nice list of what an MM2H Agents responsibilities should be.

Guidelines on How to Select MM2H Agent / Sponsor