Overstayed in Malaysia: Have a child with girlfriend who is a PR in Malaysia

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asked on Aug 10, 2020 at 04:17
edited on May 9, 2021 at 03:32
I was on a student visa in Malaysia from 2016 to December 2018, then I got overstayed a year after doing 3-4 visa runs. I was living with my girlfriend and we have a child together, but we never married. Later I found out that the mother of child is actually a liar and apparently the name I used to call her with is not even her real name.

So there were arguments and all between us, and actually she is from Indonesia (my guess) and probably a non-Muslim since she tattooed my name, she has a PR in Malaysia.

To be specific my question is regarding my child, since I never even saw his birth certificate or any legal document but the hospital bills I saw has his name as I know. I asked her did you put my name on the birth certificate, she said NO, since I was overstaying during that time and we thought it would cause problems.

But eventually things went south and I ended up in the jail and served my sentence for 108 days including the deportation camp.

Now I won't be asking stupid questions on how to come back and all since I know until the 5 year ban stamp, there is probably no legal way, so I have given up on that.

Now finally if you have understood my situation, she is with our child and I'm back in my country, if there is anyone who has any knowledge regarding the birth certificate and the passport for my child.
1. How can he get a passport in Malaysia so that we can meet?
2. Can the father's name be left empty on the birth certificate (like the mother said)?
3. Is it possible to ask for shortening my ban any how since I have a child there?

P.S. I remember when I was outside in a mall and my girlfriend called me saying not to come back since the people from children department are at our place. (happened twice) Since now I'm in a world where all the words she said seems to be a lie, if anyone can shed some light on this too would be great.

Thanks a lot to anyone who can help me out here.
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6 Answers

answered on Aug 10, 2020 at 06:44
edited May 9, 2021 at 03:33

You have just written a messy story above. Just as you have written one, a year ago.

Basic answer to your question above. (Note: The answers are messy too as you cannot provide docs).

1. There is no Malaysian passport for this child.

2. There is no Malaysian birth certificate.

3. If there is some truth of what she told you, the officers who went there are Officers from the Religious (Islamic) Department.

She is a Muslim.
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answered on Aug 11, 2020 at 02:08
edited May 9, 2021 at 03:34
Sorry for the messy stories, since it is too detailed for me to explain in one go. So even if she is a Muslim. What happens to my son? Does he get any documentation proof? Any way he can travel?
What do the Officers from the Religious (Islamic) Department do?
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answered on Aug 11, 2020 at 07:42
edited May 9, 2021 at 03:36

Does he get any documentation proof?
The Malaysian Hospital will issue a Hospital Certificate to certify the birth of this foreigner child.

Any way he can travel?
The Embassy will issue a one-way certificate for this child to go back to source country for proper registration of birth and legal identity. Whether the child can be issued a passport (in source country), depends on the passport law (current) and marriage law of the country.
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answered on Aug 11, 2020 at 13:23
edited May 9, 2021 at 03:37
@jeff005 thanks for your answer. I had one more query if you can shed some light into that.

Like I said, she told me that she left the name of the father blank on the legal form is it true or possible? Can that be left empty? If no, then what are her options?

And like I mentioned before, she has a Malaysian PR. Doesn't that give her any way to get him a passport or something?
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answered on Aug 12, 2020 at 06:39
edited May 9, 2021 at 03:44

Can that be left empty?
For Malaysian Non-Muslim Mother - Can be left empty.
For Malaysian Muslim Mother - NO.

She has a Malaysian PR
There are no material rights for foreigners who has Malaysian "PR".
It can be revoked anytime by Malaysia Immigration for any infringements of immigration laws.

Your "son" follows the citizenship of the mother in the absence of a father's name. Why would Malaysia issue a Malaysian passport to him?
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answered on Aug 12, 2020 at 13:37
edited May 9, 2021 at 04:04

Thanks for replying. I think I have very few options here unless she tells me the truth or works on these legal matters herself. If you think you can throw any pointers what can I do regarding my messy situation as a more experienced person if would like to share with me, I would be glad to hear?

Since I have been banned from Malaysia, I am trying to get in Singapore. Do you think my ban will play any role while I apply for the Singaporean visa?
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