COMMENT | Twice abused - first by husband, then by system

“I was told I am just a uterus to birth his child.”

COMMENT | This harrowing statement by Tania (pseudonym), a non-citizen wife of a Malaysian, encapsulates the compounded abuse endured by foreign spouses in Malaysia.

Tania was born overseas to a Malaysian mother and a non-Malaysian father but was denied citizenship due to Malaysia’s gender-unequal laws.

Her eventual marriage to a Malaysian man was meant to bring stability but quickly spiralled into years of physical, emotional, and economic abuse.

As a non-citizen wife, her right to stay in Malaysia - and even to be with her child - was tied entirely to her husband, leaving her powerless.

Today, Tania lives in the United States, fighting for custody of her five-year-old Malaysian son.

Her story is not unique; it echoes the grim realities faced by thousands of non-citizen spouses in Malaysia who are left at the mercy of their Malaysian partners and a rigid, discriminatory system.

“From the day I stepped foot into my husband’s household, his mother constantly told me that nothing in this house is mine. I was not to expect anything from my husband. I was even told I am only a uterus to birth his child,” she said, with an empty laugh.

Alongside the constant physical, mental, and emotional violence she faced, she was entirely reliant on her Malaysian husband to be able to stay in the country.

Gender-based violence on non-citizen wives

What happened to Tania is not an isolated case; it represents a grim reality faced by many non-citizen wives in Malaysia.

An estimated average of 164,000 visas are issued by the Immigration Department annually to non-citizen spouses of Malaysians.

However, discriminatory immigration policies cause numerous obstacles and drawbacks for these non-citizen spouses.

Out of the 164,000 visas issued to non-citizen spouses, 131,735 were granted to non-citizen wives under the Long-Term Social Visit Pass (LTSVP) as of 2023.

Non-citizen wives in binational Malaysian families face heightened vulnerability to gender-based violence, primarily due to their legal dependency on their Malaysian husbands for the legal right to reside in the country.

The LTSVP, commonly known as a spouse visa that serves as the main option for legitimate legal status for newly married foreign spouses, includes a clause that prohibits employment, disproportionately impacting non-citizen women by stripping them of their financial autonomy.

Between 2020 and 2024, only around 15,000 of these women - approximately 11.4 percent - applied to the Immigration Department for work endorsement.

Although immigration authorities claim that non-citizen spouses can work if they secure an offer letter and the necessary documents from an employer, this prohibition statement poses a significant barrier and confusion among employers, making it exceptionally difficult for spouses to find employment.

This leaves them trapped in a cycle of dependency, unable to achieve the financial independence they need to protect themselves from vulnerable and abusive situations, as said by Bina Ramanand, lead coordinator of the Foreign Spouses Support Group (FSSG). Malaysian husbands may also make this situation difficult by refusing to cooperate in renewing their non-citizen wives’ visas.

According to research conducted by the FSSG, 19 percent of the participants stated that their Malaysian spouses have threatened to not be present at the Immigration Department during the visa renewal process, while 9.5 percent have stated that their Malaysian spouses have threatened to cancel their visa and/or have them deported.

Separating non-Malaysian mum from Malaysian child

“When I was in Malaysia, my son cried every day, begging me not to go or to take him with me. After I left (for the US), he was inconsolable and heartbroken. He is suffering so much,” said Tania.

Many other non-citizen wives experience the same fear of falling into a situation like Tania’s.

Based on the same survey mentioned above, 56 percent of the respondents worry about being separated from their children. Among them, 12.5 percent have already been forcefully separated from their children.

Losing right to work

If other women like Tania manage to be awarded full or joint custody by the courts, the custody visas issued to them do not come with the right to work.

This completely shatters their ability to co-parent and contribute to their children’s upbringing, which is not in the best interest of the Malaysian child.

On the other hand, to provide relief for foreign wives undergoing abuse, the Immigration Department has introduced the option of a “visa isteri teraniaya” (abused wife visa) for abused wives who submit a police report.

While this is a commendable initiative, the visa comes with a significant limitation: it prohibits employment. This restriction prevents these women from gaining the financial independence needed to break free from their misery.

Ankita (a pseudonym to protect her identity), an Indian woman who was married to a Malaysian man with three children is a case in point.

For over 10 years, she endured relentless abuse at the hands of her alcoholic and drug-addicted husband.

When she finally managed to escape and secure a divorce, she fled to a shelter for protection. In desperation, she approached immigration authorities, who granted her a visa for abused wives, allowing her to stay in Malaysia.

However, a crucial question was left unanswered: without the right to work, how would she survive in a country that considers her as the other?

Is there hope?

Non-citizen spouses welcomed the home minister’s statement that the non-citizen wives of Malaysian men can apply for citizenship under Article 15(1) after seven years and his consideration to allow non-citizen spouses to work without bureaucratic red tape.

However, standard operating procedures (SOPs) regarding these policies need to be made clear.

For Malaysia to fulfil its commitments to gender equality and family protection, urgent reforms are needed:

1. Grant non-citizen wives who meet residence and character criteria the right to apply directly for citizenship under Article 15(1) of the Federal Constitution, as affirmed by the home minister, ensuring alignment with constitutional provisions.

2. Streamline PR application processes with clear timelines and transparent criteria to reduce prolonged uncertainty, paving a clearer pathway to citizenship for eligible applicants.

3. Remove the employment prohibition for LTSVP holders, enabling non-citizen spouses to achieve financial independence and contribute to the economy.

4. Facilitate a simplified application process for the “visa isteri teraniaya” and remove employment restrictions to empower survivors of domestic violence. This ensures they can rebuild their lives while supporting their Malaysian children.

5. Allow visa renewals to proceed independently without the necessity of the Malaysian spouse’s presence or consent after five years of marriage. This measure protects non-citizen spouses from coercion and abuse, providing them with greater autonomy and stability.

It’s time for Malaysia to act decisively and ensure that its immigration and citizenship policies reflect the values of equality, justice, and family unity.

This 16 Days of Activism Against Gender-Based Violence, we urge the Malaysian government to take a stand for equality, family unity, and the basic human rights of Malaysian binational families.

FAMILY FRONTIERS (The Association of Family Support & Welfare Selangor & KL) aims to advance, promote, and strengthen family unity and development so that no family is left behind.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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