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Child of malaysia mom with foreign passport

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asked on May 16, 2022 at 01:03
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My daughter was born in Sabah, Malaysia and automatically given birth certificate with warganegara. Her father is foreigner and want her to get foreign citizen same as his citizenship. So we apply at her father country and get citizenship with passport of the country. So now when we came back to Malaysia, I asked JPN to change the status of warganegara to bukan warganegara but they refused and said wait until the child is at least 12years old to choose between myKad or non-citizenship. So I apply for my daughter long term PLS from immigration so she wouldnt have any problem with overstay but the application was rejected due to she have birth certificate with warganegara. She can stay at Malaysia as long as she want without a immigration permit/visa/pass. So I ask for official letter stating that this wouldnt be a problem with immigration (CIQ) if I want to travel international but they insisted that they wont issue any official letter because there is no problem at all. The birth certificate will be her special pass (so not overstay). BUT today, my daughter was denied flying because according to her passport, she was overstayed in Malaysia. Please share your opinion on this. What should I do?
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answered on May 16, 2022 at 02:46
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edited May 16, 2022 at 02:53
by   jeff005
Do not understand your Q completely.

Now she has 2 passports right?

She flew out of Malaysia on MY passport?

Then she came came back on a Foreign passport, right?
If YES.. then it is overstay.
Just pay the overstay fines.

She can stay at Malaysia as long as she want without a immigration permit/visa/pass.
Correct but they did not tell you that if she come into Malaysia with a foreign passport, she must leave within the 30/90 days stay allowed. Failing to leave which, she has overstay.

Immigration /JPN laws and policies are  correct but the usage of 2 passports is incorrectly used.

What is the color of her B.C.? Is the remarks there, under the status (register under section 13)? If it is, she is a Malaysian National, not yet as a Malaysian Citizen. Have to apply for MyKad at age 12.

Sample of the Section 13 Registration
B.C.
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answered on May 16, 2022 at 06:02
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edited May 16, 2022 at 06:33
by   msren
The first time she travel out of MY after born using passport darurat (brown) issued by enforcement of MY. Then we apply for her citizenship at her father country and granted citizenship. She has only one passport (foreign passport). She always travel with foreign passport.  

Her BC is green colour (as attached).

My question is I just dont understand what should I do since she has foreign passport same like her father and immigration reject my application to apply for her long term PLS simply because she has Malaysian BC (stated warganegara). JPN also refused to revoke the warganegara status before she reach 12yo. Since we are settling down in Malaysia, I cant simply go out of the country every 90 days just to renew the social pass. I am so confused.
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answered on May 16, 2022 at 16:59
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edited May 16, 2022 at 19:46
by   jeff005
Terms 

PLS = Social Visit Pass

Note :

West Malaysia

Social Visit Pass cannot be "renew", any extension is of one month only. It is rarely extended for a 3 months period.

Even then if the foreigner comes into West Malaysia frequently, it would be NTL.

@ msren

Paspot darurat  (Brown colour)

This is the first time I read of such passort issued by MY IMI (West Malaysia).

Please can you snapshot a cover copy of this MY Passport? 
Many thanks.

Well, Sabah has unique policies, different from W.M., like Green I.D., now Brown Passport??.

Curious Q.. Where is the father now? In Malaysia or at source country?

Take note that there are some minute differences in immigration policies between West and East Malaysia. The most glaringly one is that West Malaysians have to apply (upon immigration entry a PLS) in lieu of International Passport to enter Sabah or Sarawak using our MyKAD. For work, have to apply for work permit.. !!!
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answered on May 16, 2022 at 18:18
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Long term PLS as my husband own is a pass that function as visa (multiple entry and renew yearly). I am the penjamin for him. If renew on time and have no problem, my husband can obtain PR status after 5 years. This is the kind of pass that I would like to apply for my daughter as well.


As for the passport darurat, I have no picture of the passport 😅 I remember the passport was issued by the embassy of my husband country not issued by enforcement MY (sorry my bad). This is because my daughter have no passport to travel outside MY after born, so we obtain this passport from embassy as temporarily passport. After arrrived at the destination, the passport will be return to the immigration and then she can apply for International passport from the foreign country.

The father is always with us. Currently staying in MY since he has the long term PLS.

Yeah agree. East Malaysia has their own policy and law regarding immigration issue. Between Sabah and sarawak also different. 
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answered on May 16, 2022 at 21:51
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edited May 16, 2022 at 22:45
by   jeff005
@ msren

Firstly, thank you for your trust with supporting docs.
Very few people display it out even when I requested.
Only with the required docs can some issues be resolved.

Paspot darurat
This is merely emergency travel certificate in lieu of a passport issued by the Embassy. It is a one time travel / journey to a specific country. Different countries call it by different name/term.

This is the kind of pass that I would like to apply for my daughter as well.
Is this what you want if the whole family decides to reside in Malaysia?

She is not yet 3 years old, a lot of past issues can still be rectified. Both parents must now decide what you want for the child. The world is changing and is moving forward after this pandemic is over. Whether which country citizenship will be better is still subjective at this point of time.

Your beautiful doter has still got a choice of having dual citizenship till the age of 21. Malaysia does not allow dual citizenship.

This is my personal perception (non-legal) and i,m not sure if it works under Sabah Laws.

Option 1

1. Apply for MyKid at JPN. There might be slight penalties for late application.

2. If successful then apply for infant MY International Passport (usually 1 year validity Period).

3. Make a trip back to father's country and come back and renew it every year or whenever it expires.

4. Use this MY passport for international travels only. Since your doter has gotten citizenship over the other side just go back once a while just to renew the overseas passport when required, unless the father's country laws dictates otherwise.

My reasoning. To pave the way, proof of Malaysian Residency and Education is required for Malaysian Citizenship. Then at 21, she can decide where she really wants to live in. It also depends on where the parents want to reside in for the future. Your doter does not have Malaysian I.D. since she left at birth, does not mean she cant have one now.

BC is not an official ID. MyKid is...

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answered on May 16, 2022 at 22:08
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edited May 16, 2022 at 22:59
by   jeff005
Option 2

2.1  Send her back, pay the overstay penalties.

2.2  She may be blacklisted for overstaying.

2.3  You can appeal to the Ministry of Foreign Affairs, plus MY IMI to bring her back as your case is very unique. She is still small and can be easily taken care of by relatives or grandparents over the other side.

2.4  You may application from here to bring her back under your sponsorship as biological parent. I do not think you can get LTSVP once she has overstay on a foreign passport. Going back may be the only solution and then apply to come back. This is just my personal opinion.

2.5  She need a VDR (to come back to Malaysia) from the Malaysian Embassy over there for the purpose of applying for a Long Term Social VISIT PASS.

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answered on May 16, 2022 at 22:16
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Sample of a VDR for the purpose of coming back to Malaysia for the purpose of applying for LTSVisitPass. (LTSVP).

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answered on May 16, 2022 at 22:36
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edited May 16, 2022 at 22:51
by   jeff005
My personal notes :

JPN also refused to revoke the warganegara status before she reach 12yo

You should have passed the period to make amendments to a Birth Cert.

In any case, the BC is just a certificate of birth and I doubt JPN will make any changes to it even if she is 12. By not applying for a MyKad at 12, she may automatically forfeits her rights to apply for MY citizenship (via birthrights) in the future (caveat).

My personal view..

The "warganegara" inside the birth certificate ( a certificate only) is Nationality.

The "warganegara" inside the MyKad (National Identity Card) is the Citizenship.

If i,m wrong, please correct me, but dun sue me...

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answered on May 16, 2022 at 22:54
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edited May 16, 2022 at 22:57
by   msren
Thank you for your opinions on this. Much appreciate.

I forgot to mention that after Immigration reject my daughter application for Long term PLS, I just decided to get her MyKid and now she already has MyKid. No penalty and still not late even she already 2yo that time. Now she is 3yo I even get her admitted into gov playschool using MyKid. 

I think of applying MY international passport for her as well but is it legal since she has other foreign passport as well or should I just keep it silent? This matter just resolved if we decide to get her MY passport right? 

To be honest, I just want her to be Malaysian until she decided herself at 12yo as JPN advise me 12yo is the appropriate age to obtain Mykad and 21yo is already too late and there will be much procedure and documentation needed if she choose to be Malaysian. JPN said that Mykid still not a real document. MyKad is the one that define our nationality/citizenship. But since her father side insist on having their nationality when she born, I just followed. 

Anyway, since its weekend and public holiday in MY, the immigration office still closed for me to refer this matter. I will ask the immigration tomorrow and get the answer. Thank you so much for your help @jeff005
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answered on May 16, 2022 at 23:37
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edited May 16, 2022 at 23:51
by   jeff005
@ msren

I think of applying MY international passport for her as well but is it legal since she has other foreign passport as well or should I just keep it silent?
Who else knows she has another passport or citizenship?
Just dont brag about it and she is too young to leak it out right??.
Since she has no MY passport before, the presumption is that she is inside Sabah all this while. Even if the authorities ever finds out, it is not against the law to have Dual Nationalities as it is common between marriages with foreign spouse.

Just use MY Passport from now onwards.

as JPN advise me 12yo is the appropriate age to obtain Mykad
Wrong.. it is a mandatory legal requirement to obtain MyKad using MyKid within one month of birth date upon reaching 12.

At age 18, the secondary mandatory date of renewal for MyKad, as a minor would have reached a stage whereby the facial features and thumbprints are well defined. At 18 (age of legal consent), she will no longer be a minor but as an adult who can make her own decisions.

At age 21, a person has to give up one citizenship (if discover usually thru passport travels usage). If you do not use the other "passport" who knows? I have written many comments on this issue before in this forum.. read backwards..

I hope your husband is not reading this, but please forgive me if he does.

With her MyKid, apply for MY Passport to safeguard your personal interests.
Not all marriages is made in Heaven, should something happens in the marriage, her current overseas citizenship (only) can cause you to lose custodianship. If reading backwards in this forum, you would be alarmed with divorces and child custodianship grabbing involving foreigner spouse.

No offence to anyone, i,m just protecting the personal interests of a Malaysian Child (by birthrights).
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