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Regaining Malaysian Citizenship (Got Australian Citizenship 8 Years Ago)

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asked on Apr 2, 2013 at 14:34
by   Gatal Fellow
edited on Dec 18, 2017 at 03:51
 
Just a quick question. About 10 years ago my family and I migrated to Australia from Malaysia. I was then asked by my dad to obtain Australian citizenship shortly after for certain purposes.

I have never formally renounced my Malaysian citizenship (ie never submitted any formal forms to the Malaysian govt).

I am curious as to whether I can still 'covertly' maintain my Malaysian citizenship in this case?

I still have my old IC card from my high school days (ie the pre-MyKad one).

I also have my Malaysian passport too, most likely expired now.

However, I have flown into Malaysia a couple of times now using my Australian passport.

What would qualify me in the eyes of the Malaysian govt as being a 'Malaysian' still? I'd venture to guess that I'd need to update my IC into a MyKad and somehow renew my Malaysian passport??

And lastly, is any of this strictly illegal in the eyes of the Malaysian law? Ie what would happen to me if I was caught out by the Malaysian govt for trying to maintain my Malaysian citizenship? I would have thought at the very worst, they'd only reject my application, but no problems as I can always fall back on my Australian citizenship and passport. Am I right in my assumptions?

Thanks, law dudes here!
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answered on Oct 2, 2013 at 18:24
by   john004
edited Dec 18, 2017 at 04:16
 
Seeking,

Probably by the end of this year, in December most likely.

I plan on just going to one of the smaller offices (Port Klang for example) and will try my luck applying for a new passport without a police report initially (will just claim that it was lost and provide them with my IC and birth certificate). What I think we should never do is to show them our expired passports, might lead to them discovering our dual citizenship issues. If turned down, I think it's better to try a few different locations until we finally get lucky LOL. If I am refused at the other locations as well, then  I guess a police report will be the next step.

From what Bnym reported however, it seems that they do not bother with a police report. What I also gathered from his comments were that the records don't seem to go that far back, as they had no prior record of him.

I'm guessing based on the lack of responses from others, that no one is entirely sure as to whether or not we will be flagged when we enter Malaysia with our new Malaysian passport. But this is something we should only worry about once we get our new passports.

Cheers and good luck.
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answered on Oct 2, 2013 at 19:32
by   Seeking
Dyingtocomeback

I agree with what you said. My friend who did the same (though her Malaysian passport had not expired) said that they made no mention about when she was in or out of the country and she had been entering and leaving Malaysia on her Aussie passport for the last few years. The smaller places tend to be more friendly and probably less concerned as long as we have our IC and birth certificates. Officially though, these are the requirements from the Passport Issuance website:

14. Loss of Passport

Definition of damaged passport :

A Malaysian who has lost his passport should :

Lodge a police report
Refer to the nearest Immigration office to submit the application for passport replacement by meeting all the following requirements:-
Identification Card
Parent's Identification Card (for applicant below 18 years)
Questionnaire Form IM42c
2 recent identical photographs taken in front of plain white or off-white background size 35mm x 50mm
Police report
Copy of lost passport (if any)
Marriage/divorced certificate (below 18 years and marriage/divorced)
Confirmation letter of employment for those working abroad
Offer letter to study abroad
Emergency Certificate with a report from Entry Point Immigration office
Verification of Status (for a Permanent Resident of third country)
Fire and Rescue Department Report form if the loss is caused by fire
Letter from the Municipal Council if loss is caused by flood.
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answered on Oct 3, 2013 at 13:33
by   john004
edited Dec 18, 2017 at 04:22
 
Seeking, I know it used to be a real FUBAR type of situation if you lost your Malaysian passport and it took some people up to two years before they got it back. I think it's a bit more relaxed now, and am hoping that in the case of a passport renewal, where there is a huge backlog to get through (and knowing our Malaysian government workers' work ethic LOL), they won't bother and will just go ahead and issue a new one... Here's hoping, will keep you updated with my situation.
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answered on Oct 13, 2013 at 01:05
by   kokoblak
I am considering an expat position in Malaysia however I currently hold both Malaysian and Australian passports. I never had any issues travelling back to Malaysia but now the company is asking for my nationality and if I say Australian and they go an apply for a work permit for me, the immigration department may find out that I am already a Malaysian citizen and do not require a work permit.

On the other side, the company may not give me an expat package and I would lose out. Anyone have any tips on this?
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answered on Oct 16, 2013 at 15:50
by   Choco
edited Dec 18, 2017 at 04:27
 
You didn't mention which passport you used to travel back to Malaysia in the past? It sounds like you went back on your Malaysian passport since you are worried that when you say you are an Australian they will see that you are a Malaysian. From what I know the departments are not connected,when they process a work pass for you they are looking at your eligibility and credentials for that work pass to issue it. So you will likely get that work pass okay,but the problem is likely to be when you enter or leave the country with that work pass. Could you apply as a foreigner, get a work pass as an Aussie and then still enter/leave the country with your Malaysian passport?
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answered on Oct 17, 2013 at 04:03
by   Miriboy
edited Dec 18, 2017 at 04:29
 
I am considering an expat position in Malaysia however I currently hold both Malaysian and Australian passports. I never had any issues travelling back to Malaysia but now the company is asking for my nationality and if I say Australian and they go an apply for a work permit for me, the immigration department may find out that I am already a Malaysian citizen and do not require a work permit.

On the other side, the company may not give me an expat package and I would lose out. Anyone have any tips on this?

@Kokoblak you should start this as a new thread.

I can understand your predicament. Previously Expats were employed for 6 years max, could be more now.  Is your company a willing long term sponsor? After Malaysia can your company send you on another expat assignment elsewhere?  I think you should do a calculation salary wise if possible.  I would do a proper costing and see what the monetary gain is.

As a local in Malaysia.  If found out you can always come back as a MM2Home migrant. Good Luck!
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answered on Oct 22, 2013 at 18:04
by   Seeking
Dyingtocomeback, have you made any headway with your passport renewal?  I did some research on the internet and it seems that since 2011, a police report is no longer needed for a lost or misplaced passport. You just need to bring your MyKad and Birth Certificate. This seems to be in line with what Bnym said in his post. And it seems that we can pick it up on the same day as well. The only issue with this now is whether they will look into immigration records to verify your passport since it was "lost", and whether this will show that we left the country in the late 90's and didn't come back into the country on that passport.  Granted, the passport has expired so they may not actually have any records of it since it was so long ago.  What do you reckon?
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answered on Nov 23, 2013 at 05:01
by   Nangka busuk
edited Dec 18, 2017 at 04:30
 
Hi Guys, in particular Seeking and Dyingtocomeback

If I was in your position I would have exactly the same concerns that you have, but I would rest assured that you have the right to a renewed Malaysian passport and you have the right to enter Malaysia using it, even if it is brand new.

Your concerns about being 'red-flagged' or having finger-print crosschecked etc are based on an overestimation of the enforcement diligence of our hard-working immigration department.

I advise you to rest easy and follow my recommendations above. Be a dutiful Malaysian and make sure your Bahasa is up to scratch to chat with the immigration officer. They are there to help you quickly and easily renew (/replace) your passport and you can help them achieve this by turning up early at the pejabat, and also going to a more out of the way pejabat doesn't hurt either.
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answered on Nov 23, 2013 at 05:07
by   Nangka busuk
edited Dec 18, 2017 at 04:30
 
Bnym

- I would re-enter Malaysia using your new Malaysian passport. Use the autogate. There is no reason to believe it won't let you in.

As a Malaysian, you have every right to enter Malaysia, and your passport is proof of this.

Remember,
- Immigration officers are on the look out for frauds and for people who are at risk of violating their terms of entry. You are neither. The last thing they are concerned with is stopping Malaysians from balik rumah.
- The constitution doesn't forbid dual citizenship, it provides the Home Minister with the right to withdraw citizenship from people who have both. Don't create an issue for yourself by carrying two passports.
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answered on Nov 28, 2013 at 15:39
by   Seeking
Nangka busuk, thanks for your replies. Can you recommend any passport renewal offices that are less likely to ask questions and just process the renewal? I was thinking perhaps some of the smaller ones or the ones with less traffic? Don't think that the Putrajaya one will be a good option.
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