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Child a dual citizen with expired Malaysian passport

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asked on May 8, 2017 at 17:50
by   Syasya
edited on May 22, 2017 at 09:05
 
I'm married to a non Malaysian. My daughter was born in Malaysia and has a MyKid card. We left Malaysia some years ago to return to her father's home country. In his country she was granted citizenship automatically and we needed it anyway for her schooling. 
Her Malaysian passport expired some years ago and I admit I was neglectful as I took it for granted that she as as a Malaysian has the right to choose whether or not to be a Malaysian later on and by constitution she can still be Malaysian till the time when she can decide on her own. 

Some months back I tried to get her Malaysian passport renewed at the embassy here, and they required a permanent resident card as one of the needed documents. I told them that we do not have this. 

So my question is, I would like to go back with her to Malaysia. She would enter with a foreign passport. I would like to get her new MyKad as she is almost 12. Will this be denied? 

In the future, when she decides to get herself a Malaysian passport in Malaysia will this be a problem later?

Thank you in advance.
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answered on May 13, 2017 at 05:58
by   Ulu Orang
Thank you jeff005 for a very courteous and logical response.  Yes child trafficking is a problem...all over the world.
After reading Miriboy and others it seems to me that if you have some standing...i.e. Sarawak Minister Taib Mahmud and other big shots then you get away with it.  As Saysa said there are many whose children are overseas and are dual nationals.

I have also read on this site some suggestions that Malaysia should allow dual nationality on a selective basis, i.e some European or Caucasian controlled countries. After all we have several Visa restrictions applying to different countries. Seems to me most Malaysians overseas use a foreign passport to ease their travel.  Most of these Malaysians are big contributors to the wealth of this country. Travelling on a malaysian passport nowadays can be a hassle according to what the contributors say.  I understand Malaysia's problem with Dual Nationality. I read somewhere that India has Indian Overseas Citizenship.  Can Malaysia consider this??
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answered on May 13, 2017 at 18:59
by   jeff005
Malaysia does not recognise dual citizenship as stipulated under Article 24(1) of the Federal Constitution.
Those who have acquired citizenship from other countries must voluntarily renounce their Malaysian citizenship or risk having it revoked

Read more at http://www.thestar.com.my/news/nation/2017/05/12/syahredzan-johan-pujut-rep-disqualification-lawful/#FJMreayavbWvl9LP.99
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answered on May 13, 2017 at 22:35
by   Syasya
edited May 13, 2017 at 22:45
by   Syasya
@jeff005

This article says that they must voluntarily renounce. In a case of a minor how can they voluntarily do that. 

If the govt decides to revoke the child's citizenship, isn't there a procedure? Not simply "ceased" to be a citizen, is it? Like all the record of the person ever existed as a citizen simply dissolve from the database by a click of button by anyone in JPN.

My assumption that the child could choose actually came from Article 23  (1) of the constitution, stating that the person is of the age of 21 to renounce his or her citizenship by declaration and registered by the federal govt.
How one should interpret such a clause?
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answered on May 13, 2017 at 23:23
by   vkpc
Hi Syasya,

If your child has a Malaysian birth certificate and MyKid Card,
it should be no problem to get a MyKad when 12 years old.
It doesn't matter if the child travels with a foreign passport.
Take care.
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answered on May 14, 2017 at 00:50
by   jeff005
edited May 14, 2017 at 00:52
by   jeff005
@ Syasya

How one should interpret such a clause?
Sorry that I do not read on Laws and esp Constitutional Laws. Some laws is subject to personal interpretation and personal circumstances. It is best you consult with a constitutional law advocate.

My opinions posted for your case is based on the issues faced by friends whose marriages with Foreign spouses. Noted that you could be residing in Iceland now and travelling back Malaysia for the application of the PASSPORT. What is/was being discussed here is to highlight the possibility of many/any hiccups faced back here in Malaysia. It may not be just a 30 days trips and be weary of the Bureaucratic Procedures in our very own JPN bearing in mind Immigration procedures too. Have your daughter been back to Malaysia periodically?

I am not saying you can nor saying you cannot. There are not to many discussion here in Malaysia with regards to this topic. I was interested in this topic as I, myself, is seeking PR and possibility of citizenship for the purpose of buying a land property in another nearby country...  I, too, may be seeking Dual citizenship down the road.

There are quite a lot of postings of citizenship by birth rights, applications and so forth in Thailand forums as this country has one of the most marriages with foreign spouses in this region.
For reading interests you can go and read on some of these links, there are too many to read. It may throw a lifeline for your type of circumstances. From one link it can pass you to other links.

https://www.thaivisa.com/forum/topic/337391-half-thai-is-it-possible-to-apply-for-citizenshippassport-once-in-thailand/

https://www.thaivisa.com/forum/topic/883404-is-dual-citizenship-in-thailand-allowed/

Good luck.. Just be prepared for any eventualities as you could be very far away. Multiple trips to and fro may be very inconvenient and time consuming as the child has to attend school/college.
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