Affidavit Of Support Immigration Template for Malaysia
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What is a Affidavit Of Support Immigration?
An Affidavit of Support Immigration is a critical document required by Malaysian immigration authorities when a foreign national needs financial sponsorship to enter or remain in the country. This document is commonly used in various situations including student visas, dependent passes, and certain employment passes where financial guarantees are required. The affidavit must comply with Malaysian legal requirements, particularly the Immigration Act 1959/63 and the Statutory Declarations Act 1960. It includes detailed information about the sponsor's financial capacity, their relationship to the beneficiary, and specific commitments regarding financial support. The document serves as both a legal commitment and a requirement for various immigration applications, making it essential for companies and individuals involved in bringing foreign nationals to Malaysia.
About the Affidavit Of Support Immigration
An Affidavit of Support Immigration is a sworn legal document that demonstrates your financial ability and commitment to support a foreign national's immigration application in Malaysia. Under the Immigration Act 1959/63, this document serves as a binding guarantee that you will provide financial assistance to the beneficiary during their stay in the country.
When do you need this document?
You will need to prepare an Affidavit of Support Immigration when sponsoring family members for dependent passes, supporting international students applying for student visas, or assisting employees with certain employment pass categories. The document is particularly crucial for spouse visa applications, where Malaysian citizens or permanent residents sponsor their foreign partners. Additionally, you may require this affidavit when bringing elderly parents or dependent children to Malaysia, or when your company is sponsoring foreign workers who need additional financial guarantees beyond standard employment documentation.
Key legal considerations
Your affidavit must include comprehensive financial information demonstrating your ability to support the beneficiary without relying on public assistance. Under the Contract Act 1950, this document creates a legally binding obligation that can be enforced by immigration authorities. You must declare your income sources, assets, and any existing financial commitments that might affect your support capacity. The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 requires you to verify the legitimacy of your funding sources, particularly for large support amounts. Include specific details about the duration and extent of support, accommodation arrangements, and contingency plans for emergencies. Remember that false declarations can result in serious legal consequences, including criminal charges and immigration penalties for both you and the beneficiary.
Legal requirements in Malaysia
Under the Statutory Declarations Act 1960, your affidavit must be sworn before a Commissioner for Oaths, Magistrate, or other authorized officer to be legally valid. The Immigration Regulations 1963 specify minimum income thresholds and documentation requirements that vary depending on the visa category and beneficiary's circumstances. You must provide supporting evidence including bank statements, employment letters, tax returns, and property ownership documents covering at least the previous three to six months. The document must clearly identify both parties using official identification numbers, passport details, and current addresses. Malaysian immigration authorities may require additional financial guarantees or joint sponsors if your income does not meet the specified thresholds for the particular visa category being applied for.
GOVERNING LAW
Applicable law
This Affidavit Of Support Immigration is drafted to comply with Malaysia law. Key legislation includes:
Statutory Declarations Act 1960: Governs the creation and execution of sworn statements and affidavits in Malaysia, including requirements for valid declarations
Immigration Regulations 1963: Detailed regulations implementing the Immigration Act, including specific requirements for support documentation and financial guarantees
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001: Relevant for financial declarations and verification of funding sources in support affidavits
Contract Act 1950: Governs the contractual aspects of the support obligation, including the legal binding nature of financial commitments
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