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Problem with dual passports (UK and Malaysia).

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asked on Feb 22, 2020 at 16:10
by  
edited on Feb 22, 2020 at 16:23
by   natey007
Hi all,

I have been cracking my head the whole day yesterday trying to find solution to my son's problem. 

Me and my wife are Malaysian with BRP cards. 2 of our children also have BRP cards whilst 3 more, who were born here in the UK have British passport, they dont have BRP. 

We went to Msian Embassy yesterday in London to renew our passports, and since the UK-born children dont have BRP cards, they cant renew their passports. Malaysia dont recognise dual citizenships. One son's passport will expire in April, the other 1 in June, and one more next year.  (Long story short, We only have problem with the one whose passport will expire in april, the other 2 is fine  )

We know there's no other way we can renew his passport here in UK. So we were thinking one parent to go back to Malaysia with the kid to renew his passports there. 

The questions are :

1) If he use his UK passport to leave UK, and use Malaysian Passport to enter Malaysia, will the Malaysian immigration detect that he is also Malaysian ? ( saved data from the previous trip , maybe?) And can we even do on the first place? Exiting and  entering with a different passport? 

2) With only less than 2 months left on his passport , I doubt any airline will allow him to travel with this passport, and even if they allowed,  can he enter Malaysia with less than 6 months left in his passport? 

3) The only option is to go back to Malaysia now, and use his British passport all the way. But will there be problem entering Malaysia since I'm holding Malaysia passport? It seems that he , who's a minor  is travelling alone. (I will accompany him home).

4) Anyone know if there's any airline that is not strict with the 6 months expiry date on passport? I've got a feeling, that this might be our only hope..

Before anyone say anything, yes we know we have made a mistake. We should have renewed their passports in Malaysia before. Damage has been done, regrettably. This forum is my last hope. 

We really appreciate if anyone can shed some lights to the problem. 

Thank you in advance.
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10 Answers

answered on Feb 22, 2020 at 17:15
by  
edited Feb 22, 2020 at 17:23
by   jeff005
@ nately007

1.  All Malaysian Passports have last 10 exits and 10 re-entry records in sequence.

2.  In 2019, all overseas Malaysians have to come back to Malaysia to change to the NEW Malaysian Passport. No more renewals in any Embassy for the old passports.

Your Query cannot be answer properly without the entries and exits listed out on all the 3 children passports who do not have BRP cards.

All Malaysians who travels on an expired Malaysian Passport back into Malaysia is allowed in but to get a NEW passport is a challenge. It is up to individual airlines policies to allow or not for the 6 months validity period. If your son uses Malaysian Passport to exit UK, how can he explain his "overstay" in UK? But the Airline can fly him back as the Passport is still valid. The 6 months is for IMI  ENTRY for non-citizens only, not applicable for Malaysians coming back.

To try to enter and then exit Malaysia on different passports (for adults) can mean STRAIGHT INTO DETENTION CAMPS  for 14 days with IMI not needing to give any reasons. With the Convid-19 ongoing, the risk of infections inside those camps, is very high, like a timebomb waiting to explode.

Without the travels listed inside their Passports, there is nothing to discuss.
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answered on Feb 22, 2020 at 18:32
by  
edited Feb 22, 2020 at 20:17
by   natey007
Thank you jeff005 for your reply.

I dont really understand about the last 10 exit-reentry records that you mentioned above, since all I can see in his Malaysian passport are re-entry into the UK (we dont go travel anywhere else but to Malaysia in the last few years), but I do see that there's a big  problem with the stamps on his passport. Since he entered UK using UK passport last year, he didn't have the entry stamp on his Malaysia passport. 

On the point of entry/exit Malaysia, we are definitely going to use Malaysian passports.  It's only for leaving UK , that we are going to use UK passport for the purpose to fulfill the minimum 6 months passport expiry time requirement. 

 With time running short (my son's Malaysian passport will expire in April 2020) , I'm really stuck with option to choose. We have bought airline tickets to go to Malaysia in July this year, if we waited till then, his passport has already expired. There will be no option of using his Malaysian passport (or have to go through a bumpy road to renew it again)  . If we go back now, there's risk with the stamp on his passport but if the officer didn't see this, we are safe. 

My head is about to explode thinking of this problem .
 
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answered on Feb 22, 2020 at 19:10
by  
edited Feb 22, 2020 at 19:10
by   natey007
Hi again

Is there any way that we can renew his expired BRP (expired in April 2019) ? If this is possible, we can then apply for a 1 Day- premium service for the BRP to be approved. We then will have enough time to renew his passport in UK. (I understand that you said above all overseas Malaysian will have to renew their passports in Malaysia, but when we have no problem renewing our passports at the mmigration office yesterday). 
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answered on Feb 22, 2020 at 22:44
by  
@ nately007

Biometric Residence Permit (BRP) are issued by the UK. Ur there now, why don't u chk direct with the correct place?

 In 2019, all overseas Malaysians
This was announced the ex DGI of IMI in 2018 in public media. U hv to check with the Malaysian Embassy in the country ur in now.

but when we have no problem renewing our passports
That means the Embassy there have already installed Malaysian biometric equipment in that country already.
You were issued new passports with new numbers? From 2015, there are no longer "renewal". All (Adults) will be issued with a new passport with new numbers valid for 5 years.

My head is about to explode thinking of this problem
My head is spinning with stars now on what u hv written above.
First you say the child involved (shld be 3rd child) was born there and do not have BRP. Next you say "renew his expired BRP".. which is what?
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answered on Feb 23, 2020 at 00:17
by  
Jeff005,

Thank you again for taking time to reply.

Regarding the BRP,  with so many questions in mind, I went into a few forums  and post the same questions. I guess I got mixed up with the forums (and in which country).  This is obviously not the right forum to ask.

All of us had our Biometric Residence Permit (BRP) Cards under the Indifinite Leave to Remain category when we first came to UK. 

After 5 years, we applied for Settlement and got our new set of  BRP cards.  
 
For our children who were born in UK , they dont have to apply for Settlement, but apply for British passport instead. So no new BRP cards for them and hence the expired BRP cards. 

Sorry for the confusion. 
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answered on Feb 23, 2020 at 00:47
by  
edited Feb 23, 2020 at 01:04
by   jeff005
This is obviously not the right forum to ask.

WRONG..

This forum is the only forum in the whole world  that can give the most accurate answers with regards to Malaysian Immigration Entry and Laws  and current Policies.

U urself does not know accurately what is the difference between UK BRP and BRC plus under what conditions the ILR has been granted.

Since u hv applied for settlement (ROA) why still need the Malaysian Passport?
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answered on Feb 23, 2020 at 01:02
by  
edited Feb 23, 2020 at 01:31
by   natey007
Regarding the BRP,  with so many questions in mind, I went into a few forums  and post the same questions. I guess I got mixed up with the forums (and in which country).  This is obviously not the right forum to ask

Getting "Settled" status, does not equate to being British citizen. It simply mean we dont need to apply for visa anymore. I  dont want to be British citizen.  We plan to denounce our children's British citizenship and settle down in Malaysia one day. But for now, and at the time of applying, the option for my UK-born children applying for a citizen has outweighed the benefit of applying for Settlement.  

I dont know why I'm not getting options/answers for my questions but was grilled for the confusion of my children's and our UK immigration status instead.
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answered on Feb 23, 2020 at 11:10
by  
edited Feb 23, 2020 at 11:14
by   jeff005
why I'm not getting options/answers for my questions
For the same token, why am I not given appropriate answers for my Q2Q?
Read back carefully.. I have already given you answers to most of ur Qs.
There could be a mental block due to the fact you have been reading too many different forums written by non-Malaysians who have written based on personal perceptions.

I only replied because of these :-
1.  This forum is my last hope. 
2.  2 kids are Malaysians
3.  3 kids are of British Nationality
4.  We plan to denounce our children's British citizenship

I'm not grilling you but BBQ-ing.
The real grilling will be from the IMI Officers and KDN Officers.
Wrong answers given here will not cause you much harm but wrong answers given to those Agencies Officers can cause any application to fail.

If you want more accurate answers from me, read the following with diligence
https://www.lawyerment.com/answers/questions/13181/what-to-do-if-you-overstayed-in-malaysia-updated-with-policies-wef-01-01-2019?g=18#tab-top

https://www.lawyerment.com/answers/questions/12081/immigration-malaysia-blacklisting-ntl-ban-period-appeals-for-inbound-visitors-to?g=31#tab-top

https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=119#tab-top

All the above threads /threats are inter related and is a compendium of immigration issues of many sorts. Understanding all those issues, maybe, can find a backdoor to ur current predicament. Read with understanding.

If you want further answers from me, ask from (13181) above.
Isn't your kid have committed an act of overstay in the UK if you do not produce the BRC? And if you produce the BRC, his application for Malaysian Citizenship can take more than 10-15 years even if the British Citizenship have been renounced?
And my answers may not be suitable as to what you want for your children at this point of time.

Restructure your Qs appropriately and ask again. U may be still in a konfuse state.

Thus my session ends in this thread.
I shall pass and wait for those who have been thru the same situation to answer.
I have never been to UK before.
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answered on Mar 5, 2020 at 02:14
by  
1) I can confirm this works fine for dual citizens. I personally am a dual AUS-MY citizen and have left AU with AU passport and enter MY on a MY passport. This is a common practice for dual citizens all over the world.

2) If your son's traveling on a direct (without any stopover transit) flight to Malaysia, you'll be allowed to board the plane. No problems entering Malaysia with less than 6 months expiry. The only problem is he is not able to use the automated gates in Malaysia and will have to go through counter. That's no biggie either.

3) Like 2),  just use the Malaysia passport. The British passport will work too, but questions may be asked about your son's movement when renewing his passport. If a British passport is used to enter Malaysia, his Malaysia passport records shows he's overseas but yet he's physically present in Malaysia to renew his passport.

4) If you're flying direct to Malaysia for example by Malaysia Airlines, the Malaysian passport expiry < 6 months is not an issue at all. If you're transiting through a third country, make sure that country does not have a > 6 months passport requirement. Hong Kong will be a good one. However, this is a non issue at all. Because your son has a British passport (with more than 6 months expiry), having a Malaysian passport with < 6 months to expiry doesn't matter at all. Showing the British passport will solve any problems with the airlines. 

And finally, there isn't any problems at all. Your son is legally allowed to have dual citizenship until 21 years old. There's no need to worry about flouting any laws.
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answered on Mar 5, 2020 at 08:49
by  
edited Mar 5, 2020 at 10:52
by   jeff005
1.  Posting of out dated International Travel Policies is a social crime.

2.  Having dual nationality does not mean one can travel on 2 International Passports.

3.  All those foreigners caught having explosives making devices, travels on Dual Passports. They were caught via Biometrics System. The various foreigner bombers in Thailand, Indonesia, Philippines all have Dual Passports.

Just travel smart for those with dual passports.
Use the passport A, to enter and exit B.
Then use passport B to enter and then exit Country C,D,E,F within the allowed period of stay. Exit back to Country B. This is the only way to maintain 2 passports. Never never use 2 different passports to enter and exit the same country who uses the New Biometric Systems and facial recognition. 

Example.. for those people who wants to visit North Korea, go there using a Malaysian Passport exit and re-enter back into Malaysia. 

Travel smart avoiding Visa issues and biometric systems (plus Facial Recognition). One can keep and eat the 2 passports in hand.
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