Affidavit Of Not Having Passport Template for Malaysia
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What is a Affidavit Of Not Having Passport?
An Affidavit of Not Having Passport is a crucial legal document utilized in various situations within the Malaysian legal framework. This document becomes necessary when individuals need to formally declare their status of not possessing a passport, whether for immigration proceedings, employment verification, or other administrative purposes. The affidavit must be executed before a Commissioner for Oaths and typically includes the declarant's personal details, a clear statement about not having a passport, the reasons for non-possession if applicable, and any relevant supporting documentation. It is governed by Malaysian statutory requirements, particularly the Statutory Declarations Act 1960 and the Commissioners for Oaths Rules 2018, ensuring its validity for official purposes.
Frequently Asked Questions
Is an Affidavit of Not Having Passport legally binding in Malaysia?
Yes, an Affidavit of Not Having Passport is legally binding in Malaysia under the Statutory Declarations Act 1960. Making a false declaration in this affidavit constitutes a criminal offense and can result in fines up to RM3,000 or imprisonment up to 2 years. The document carries the same legal weight as sworn testimony in court.
Can immigration authorities reject my application if my Affidavit of Not Having Passport is incomplete?
Yes, Malaysian immigration authorities and other government agencies will reject applications with incomplete or improperly executed affidavits. Missing signatures, incorrect personal details, or lack of proper witnessing by an authorized officer will result in document rejection. You would need to prepare a new affidavit meeting all legal requirements under the Statutory Declarations Act 1960.
How much does it cost to get an Affidavit of Not Having Passport stamped in Malaysia?
The fee for having your affidavit stamped by a Commissioner for Oaths typically ranges from RM2 to RM4 as prescribed under the Commissioners for Oaths (Fees) Rules 1996. Some government offices may charge different rates, and you should verify the current fee structure with the specific authority where you plan to have the document witnessed.
How is an Affidavit of Not Having Passport different from a police report for lost passport?
An Affidavit of Not Having Passport declares you never possessed any passport, while a police report for lost passport confirms you previously had one that is now missing. The affidavit is used when applying for your first passport or proving non-possession, whereas the police report is required when replacing a lost or stolen passport under the Malaysian Passports Act 1966.
How long does it take to complete an Affidavit of Not Having Passport in Malaysia?
The affidavit itself can be prepared within 30 minutes, but getting it properly witnessed and stamped may take 1-2 hours depending on the availability of authorized officers. If visiting a Commissioner for Oaths office, the entire process including waiting time typically takes half a day. Some government offices offer same-day service while others may require appointments.
Can I use photocopies of my identity documents when swearing an Affidavit of Not Having Passport?
No, you must bring original identity documents (MyKad or birth certificate) when swearing the affidavit before an authorized officer. The witnessing officer needs to verify your identity against original documents as required under the Statutory Declarations Act 1960. Photocopies alone are insufficient for proper execution of the affidavit.
Which common mistakes invalidate an Affidavit of Not Having Passport in Malaysia?
Common invalidating mistakes include incorrect personal details (name spelling, IC number), missing declarant signature, improper witnessing by unauthorized persons, and using outdated affidavit formats. Additionally, declaring you never had a passport when records show previous passport issuance constitutes false declaration under the Statutory Declarations Act 1960, which is a criminal offense.
About the Affidavit Of Not Having Passport
An Affidavit of Not Having Passport is a sworn statement that you make before a Commissioner for Oaths to formally declare that you do not possess any valid passport. This legal document serves as official proof of your passport status and is recognized by Malaysian authorities for various administrative and legal purposes.
When do you need this document?
You may need this affidavit in several situations. Employment applications often require proof of passport status, particularly for positions involving travel or security clearances. Immigration proceedings may necessitate this document to establish your travel document status. Government applications for certain permits, licenses, or benefits might require confirmation that you don't hold a passport. Educational institutions sometimes request this declaration for scholarship applications or international program eligibility. Additionally, legal proceedings may require sworn testimony about your passport status as part of broader documentation requirements.
Key legal considerations
The affidavit must contain specific elements to be legally valid. Your personal details including full name, IC number, occupation, and current address must be accurately stated. The declaration section should clearly state that you do not possess any valid passport and may include reasons for non-possession. Any previous passport details, if applicable, should be disclosed including expiry dates or circumstances of loss. The document must be truthful and complete, as making false declarations can result in serious legal consequences including perjury charges. Supporting documentation such as police reports for lost passports may be required depending on your specific circumstances.
Legal requirements in Malaysia
Under Malaysian law, this affidavit must comply with the Statutory Declarations Act 1960, which governs the creation and validity of sworn statements. The document must be executed before a Commissioner for Oaths as specified in the Commissioners for Oaths Rules 2018. The Malaysian Passports Act 1966 provides the legal framework for passport-related matters, making this affidavit relevant for establishing your status under this legislation. The Immigration Act 1959/63 may also apply if the affidavit is required for immigration purposes. The Evidence Act 1950 governs the admissibility of this document in legal proceedings. You must sign the affidavit in the presence of the Commissioner for Oaths, who will then administer the oath and affix their official seal. The completed document becomes a legally binding sworn statement that can be used for official purposes throughout Malaysia.
GOVERNING LAW
Applicable law
This Affidavit Of Not Having Passport is drafted to comply with Malaysia law. Key legislation includes:
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