Advertisement

Child born out of wedlock in Malaysia

1005 Views  ⚫  Asked 1 Year Ago
asked on Jun 6, 2018 at 14:59
by  
edited on Jun 20, 2018 at 04:14
 
Can I know what is the immigration law of Malaysia child born out of wedlock for citizenship? I'm a Malaysian Chinese. My girlfriend currently she was found pregnant with my child. My question is can my child get a Malaysian citizenship if we are not married after the baby is born here? My second question if she chooses to give birth in Philippine can my child get a Malaysian citizen after birth? What is the procedure to obtain citizenship for the child? I'm the father of the baby and my girlfriend is a Filipino. Please advice the best solution to obtain Malaysia citizenship for my child. Your kind advice and direction is much appreciated to me.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
11 Answers
 1   2   Next »  Last »

answered on Jun 6, 2018 at 15:29
by  
edited Jun 20, 2018 at 04:19
 
what is the immigration law of Malaysia child born out of wedlock for citizenship?
There is no such provision. Immigration Law states that after the child is born, both mother and child will be deported if the mother is an illegal immigrant.

can my child get a Malaysian citizenship if we are not married after the baby is born here?
The Law of the Land states that the child, in the absence of a marriage, is an illegitimate child and the child follows the Citizenship of the mother.

please advice the best solution to obtain Malaysia citizenship for my child.
1.  Marry the mother of this child, before childbirth
2.  Divorce your current wife (if any) and have single status (before childbirth) so that your name can be inside the birth certificate.
0 found this helpful
Helpful

answered on Jun 6, 2018 at 15:50
by  
edited Jun 20, 2018 at 04:21
 
@jeff, I have another question if I can only marry her after the child is born in Malaysia. Can my child get a citizenship then? Reason the divorce case take time to settle because is not a joint petition. Thanks for your advice again. Appreciated...
0 found this helpful
Helpful

answered on Jun 6, 2018 at 16:14
by  
edited Jun 20, 2018 at 04:27
 
if I can only marry her after the child is born in Malaysia. Can my child get a citizenship then?
Yes can, but the process is so tedious that may take more than 10 years that you can cry papa & mama.

I have a constructive suggestion.

1.  Go to the Philippines and check the laws of registration for childbirth. They may allow your name to be inserted as the father. It may vary from state to state.

2.  If can register your name, then marry the child's mother over there after divorce. Later bring mother and child back and register your marriage here. The application for the Malaysian Citizenship for the child may be easier then and process shorten. At the same time the child can study here legally.
1 found this helpful
Helpful

answered on Jun 6, 2018 at 17:07
by  
edited Jun 20, 2018 at 04:34
 
@jeff, just to clarify and understand your suggestion earlier and some questions in my mind.

1. You mean give birth in the Philippines register me as the father later bring back the child and mother to Malaysia for apply citizenship?

2. You mean marry her after child birth in Philippines is more easier to obtain a citizenship than getting marry here after child birth?

3. Can my future wife get Malaysia citizenship or permanent resident (PR) status after marry me?

4. What is the different between PR and Citizenship status?

4. Can she apply to get work here legally? 
1 found this helpful
Helpful

answered on Jun 6, 2018 at 17:34
by  
edited Jun 20, 2018 at 05:36
 
1. You mean give birth in the Philippines register me as the father later bring back the child and mother to Malaysia for apply citizenship?
If their law allows your name to be registered, you are the legal father after the marriage in Philippines. Then bring the two back here and register the Malaysian marriage. This may pave the way you are the legal Guardian, making PR application shorter period and subsequently easier without the need for tons of documentations for adoption.

Please take note that this is my personal Interpretation of Laws.

2. You mean marry her after child birth in Philippines is more easier to obtain a citizenship than getting marry here after child birth?
Yes.. (for the child). Do note that the child is Filipino Citizen at birth.
Please take note that this is my personal Interpretation of Laws.

3. Can my future wife get Malaysia citizenship or permanent resident (PR) status after marry me?
Yes..
After getting a Malaysian Marriage Certificate, use the certificate and bring both of them to the Immigration to apply for a LTSVP (a.k.a. "spouse visa"). The child your dependant. You are sponsor to the two. Upon obtaining the LTSVP, she can apply to work in Malaysia with permission from the DGI of Immigration. After living in Malaysia for 5 years she can apply for PR (Permanent Resident) and will not depend on you anymore. After 10 years (total) living in Malaysia, she can apply for citizenship.

Please note that the process may change slightly due to the influx of too many foreign migrants (you know who).

4. What is the different between PR and Citizenship status?
Please Google.. and understand the basic issues that will affect the mother and the child. Am not a walking dictionary.... I only give views that cannot be googled easily.
1 found this helpful
Helpful

answered on Jun 9, 2018 at 19:45
by  
edited Jun 20, 2018 at 05:44
 
@ patrick,

If your priority is the citizenship of the child, bring her back to the Philippines for the child birth. Even if she is holding a legal foreign work permit, it is already self terminated by getting pregnant.

If she is an illegal immigrant, the whole issue will be exacerbated. She cannot give birth in a Government or Private Hospital. If she is Legal, Government Hospital will give a Red Birthday Certificate to show that the child is born in that hospital. That certificate is of no further use in Malaysia other than to get docs from the Philippines Embassy for the child to exit. Private hospitals will just give papers to certify that the child is born there and the mother have to bring the docs to get Jabatan Pendaftaran Negara (JPN) to get the Red Certificate.

If the mother has overstay and is an Illegal Immigrant, JPN will still issue the Red Birth Certificate, but will not give her. JPN will give it to the Immigration officer who is deporting the Mother and the child.

Do take note that if mistakes are made you can be charged for harbouring an illegal immigrant, under Section 2 of The Anti Trafficking Act (Amendment 2010). The Administrative Hospitals whether Government or Private can be charged under the same section for providing services to the  Illegals. Procedures is no longer the same as yesteryear.

It would be less hassle and risks to you if she gives birth back safely in the Philippines. 
0 found this helpful
Helpful

answered on Jun 9, 2018 at 20:00
by  
edited Jun 20, 2018 at 05:47
 
@jeff, just found out from a friend said my name can be inserted as father of the child in the birth certificate. At least one problem solved. I have some questions need your opinion and advice?

1) Just want to recap you said marry her after child birth in the Philippines. Where do I need to go register my marriage? Philippines civil marriage office or Malaysia Embassy office?

2) Do I need to register again in Malaysia if my marriage already done in the Philippines, Malaysia Embassy?

3) Do I need to register my marriage in the Philippines civil office after register in Malaysia Embassy?

4) Lastly, can I marry her in Malaysia and later give birth in Philippines because they allow father name in birth cert even without marry?

5) Any complication getting Malaysia citizenship for my child later?

Thanks again.
0 found this helpful
Helpful

answered on Jun 9, 2018 at 22:43
by  
edited Jun 20, 2018 at 05:50
 
just found out from a friend said my name can be inserted as father of the child in the birth certificate. At least one problem solved.
If can, it is your good luck. If in Malaysia if your MyKad says is married and is not to this mother sure cannot. You would better go with your girlfriend to the Philippines Embassy in Malaysia to double check. Once mistakes are made there is no U-turn. It is nothing but problems down the road. Do not simply listen to friends. Get confirmation from the Philippines Embassy...!!

Philippines civil marriage office 
Then register with the Malaysian Embassy there.

You have to register your Marriage in Malaysia, then register with the Philippines Embassy.

4) Lastly, can I marry her in Malaysia and later give birth in Philippines because they allow father name in birth cert even without marry?
If you can marry her before the child is born, the child is already a Malaysian Citizen by Birthright.
0 found this helpful
Helpful

answered on Jun 10, 2018 at 22:25
by  
edited Jun 20, 2018 at 05:52
 
@jeff, I think you are right! I will ask my girlfriend to find out more details with the embassy in Philippines. What I mean if I marry my girlfriend in Malaysia and give birth in Philippines my child still consider Malaysian citizen? Thank you.
0 found this helpful
Helpful

answered on Jun 11, 2018 at 01:21
by  
edited Jun 20, 2018 at 05:53
 
What I mean if I marry my girlfriend in Malaysia and give birth in Philippines my child still consider Malaysian citizen?
Register marriage in Malaysia and register it in Philippines Embassy. Go to the Philippines and register the marriage Philippines there and register with Malaysian Embassy.

After child is born in the Philippines, register the birth with the Malaysian Embassy. Your child can have Dual Nationality, Malaysian & Philippines i.e. 2 passports. At age 21, have to surrender the Philippines citizenship and passport if continue to live in Malaysia.
0 found this helpful
Helpful


 1   2   Next »  Last »

You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.