Tuesday, June 29, 2010

PR Status: Categories Need Be Expanded, Minister's decision should be reviewable by court...

Spouses of Malaysians should be given PR Status upon the registration of their marriage in Malaysia - not only 5 years later.

* In the event of death of the Malaysian spouse, before getting the PR, it means that the foreign spouse have to leave Malaysia - what about the children? what about matrimonial property...home, etc, what about obligations to the deceased Malaysian spouse's parents and dependents. {Remember, a PR status can always be revoked - so there really is no need to worry about early issuance of PR to spouses..)
* There really should be another category added for those who should be given PR status - i.e. for parents of children who are Malaysians. If before getting PR status, the spouse dies or the marriage is dissolved, when there are children who are Malaysians involved, the spouse that has custody and/or visitation rights should be allowed tro remain in Malaysia with the Malaysian children - we do not want a situation where Malaysian children are forced to be removed out of Malaysia - hence not able to enjoy the benefits of Malaysian education and welfare/benefits...or do we?

The decision of the Minister should never be final - there should always be judicial review, where one can go to court in the event the Minister rejects one's application. This is the essence of a democracy with its 3 branches of government - the executive, the legislative and the judiciary - whereby one of the roles of the judiciary is to review actions of the executive to ensure that it has been done in accordance to law and justice.

Foreigners who wish to apply for a permanent resident (PR) status in Malaysia should acquire an entry permit first, the Dewan Rakyat was told.

Deputy Home Minister Datuk Wira Abu Seman Yusop said the matter was clearly stipulated under Section 10 of the Immigration Act 1959/63.

"Only those who had acquired the entry permit are eligible to apply for the PR status and enable them to get the red-coloured identity card or MyPR," he said in reply to Dr Fong Chan Onn (BN-Alor Gajah) during question time today.

Fong wanted to know the requirement and procedures for acquiring the PR status for foreigners and the latest statistics on the applications.

Abu Seman said only six categories of applicants would be considered in the issuance of the entry permit as set out in the Immigration (Prohibition of Entry) Order 1963.

"The six categories are persons in possession of specialist or professional qualification, persons in possession of a certificate from the home minister certifying that their admission would be in the economic interest of Malaysia.

"Wives and children under six years of age of persons falling within the above categories, wives of citizens of Malaysia who have not been living separately from the husbands for a continuous period of five years.

"Children of citizens of Malaysia under six years of age, and those who are allowed by the home minister on special compassionate grounds," he said.

25,000 PR applications in eight years

Abu Seman said the application for the entry permit could be submitted at any immigration office and the applicants must posses valid travel document or passport.

"However, the consideration and decision on the applications are the prerogative of the Immigration director-general.

"In the event that their application is rejected, they can file an appeal to the Home Minister within 30 days and the decision made by the minister is final," he said.
Between 2001 and 2009, a total of 24,883 applications for PR status were received and solved, he said.

"At present, there are 521 new applications being processed by the Immigration Department and the ministry," he added.

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