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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 Dec 13, 2017 at 09:25
by   AusSwin
Referring to the Aussie - Recently, I have obtained Australian passport and my Malaysian passoport is not expired yet. I have also officially changed my given name - e.g. From Wong A. B. to Darren Wong. 

I am planning to do the same thing for the change of name.

Shall I buy an air ticket with eg: "Darren Wong" that travel from Australia to Singapore?  Then buy another air ticket travel from SG to Malaysia with eg: "Wong A.B."...... It means that using Australian Passport travel from Aus to SG, and using Malaysia Passport travel from SG to Malaysia.

Doing the same things on the way back to Australia.

Hope to hear from anyone, and Aussie "Darren Wong".
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answered on Dec 13, 2017 at 12:59
by   anyone
edited Dec 18, 2017 at 05:00
 
@ AusSwin

Hope to hear from anyone,
Travelling with two passports with same name, if caught, will be requested renounce one of the citizenship.

Travelling with two passports with the same biometric 10 fingers prints, possibly rewarding you with a few days in Detention camps, may ship you out to the US..

But sometimes some sleepy immigration officers may miss out and the auto gates are faulty.

Good Luck!
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answered on Dec 19, 2017 at 11:25
by   PenangLaksa
Travelling with two passports with same name, if caught, will be requested renounce one of the citizenship.

@anyone

Why do you say that they will give you an option to choose which nationality to renounce? I always thought that you didn't have a choice in the matter and the Malaysian citizenship will be the one that will be stripped from you.

Do you know of people who have been given the option to choose which one to retain? We really do need some clarity on this issue.

Cheers.
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answered on Dec 19, 2017 at 13:01
by   Anyone
edited Dec 29, 2017 at 05:38
 
@ PenangLaksa

The above answer was in response to @AusSwin as this response is in directed to your goodself. Please do not mix the two responses. @AusSwin has got 2 passports under two different names which makes him a highly suspected human trafficker and/or suspected militants, under current immigration controls even for middle east countries.

Perhaps you did not read an announcement in newspaper by our government in around 2015 in Penang itself regarding this dual citizenship issue. It was purportedly announced that Malaysia does not "revoke" the citizenship of Malaysians which has attained citizenship of other countries. But would request them to "renounce" their citizenship at the Malaysian Embassies aboard. There is no need to come. Once renounced it cannot be reapplied again but still can apply for PR (if the need to). Not renewing one's passport is one of the "controls".

If one were to renew (make) a passport overseas, the Embassy will ask tons of questions. The instruction will to go back to Malaysia to make a new one with enhanced securities features. The embassy will take possession of that passport (legally and rightfully) and give an acknowledgement receipt. That is not a "renunciation" doc, if there are people who posted that they have signed some papers without understand, then that could be the "renunciation" papers. If one does not sign and just walk away, one is still a Malaysian Citizen but without Malaysian Passport to travel. Use the other passport to travel.

Do you know of people who have been given the option to choose which one to retain?
Just wait for these people to pass by on this forum to share their experiences. I have friends who had renounced their citizenship to get the other side citizenship. Why the need to travel on two passports? And two passports of two different names? Not proud of the name given by their parents? Where are the Roots  and root causes of changing name? Just renew or make a new passport in Malaysia and do not travel with it. That way nobody knows you have dual nationality.

Two Passports with different names.
The only people who can do it are the  Thais  exported wives. Thai laws allow their women to change to their surname to their husbands (be it foreign or local). It was posted on this forum before that many Southern Thais have dual nationalities, but failed to specify that most of them are women. Not only southern but also at northwest, central north, northeastern regions.
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answered on Dec 19, 2017 at 14:06
by   PenangLaksa
Thanks @anyone. So you are essentially saying that ultimately dual citizens if caught do not have the option of which citizenship to chose. The Malaysian one will be the one that the Malaysian govt would request the individual to renounce. I.e they are not given the option of renouncing their foreign citizenship and retaining their Malaysian one.

Am I correct in stating this? Have I understood you correctly?
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answered on Dec 19, 2017 at 14:54
by   Anyone
edited Dec 29, 2017 at 05:44
 
I.e they are not given the option of renouncing their foreign citizenship and retaining their Malaysian one.
Different situations should have its own avenues. Some countries accepts dual nationalities, some do not.

If Malaysian Immigration "catches" one suspected of travelling on 2 passports, they would "retain" the Malaysian one and report to the Immigration HQ to collect it. They may refer to, maybe, the Home Ministry, perhaps there one would be asked to chose between the two countries. Only with  "renunciation" or "revocation" papers from the other country, then only the Immigration will issue a new passport. If the Immigration regains one's passport, just do nothing..!! They cannot renounce your citizenship without proof unless one was caught travelling with 2 passport of different nationalities. Even if caught, there is a choice of giving up the other side. Having 2 legal nationalities is not a CRIME, not punishable by a jail term. The authorities can not force you to "renounce" the Malaysian Citizenship. The option to choose either one is there. I do not recall that our Federal Constitutional laws specifically stated that it is auto "revoked". If we are born here, it is a birthright and cannot be taken auto taken away. Those "revoked" are those who have applied.. as for those who were born from one foreign parent. (My personal interpretation)

The Laws and Procedures are there. Over here on this forum, we are always talking about people who had left Malaysia, but what about those who were born of foreign parent (mother or father)?  Some streetwise parents would have applied for citizenship and passport of both countries once the child is born. Those are "other group" of people who have dual passports and nationalities. At age 21, if they will to apply for new passports and if have been discovered to have exit/entered Malaysia without proper records, these people will be asked to choose which nationality they want.
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answered on Dec 20, 2017 at 11:25
by   PenangLaksa
edited Dec 29, 2017 at 05:48
 
I'm clear with what you are saying now, @anyone.

It's just a bit confusing when the officials say conflicting things. I was once told by a Malaysian consulate worker in the UK that Malaysians with dual citizenship have to renounce one and are given the option to choose which one to renouce. This is pretty much what you are saying.

However an article that came out earlier this year (see below) has Zahid Hamidi saying the opposite. He said that the Malaysian citizenship is the one that will be revoked automatically. Then again, it might just be scare tactics from the Home Ministry.

http://www.theborneopost.com/2017/05/17/dual-citizenship-holders-will-lose-malaysian-citizenship-zahid/

Dual citizenship holders will lose Malaysian citizenship — Zahid

May 17, 2017

JOHOR BAHRU: A Malaysian will automatically lose his Malaysian citizenship if he is found to have dual citizenship, said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

He said this was stated in the Malaysian Constitution whereby a Malaysian would lose his citizenship if he or she were to apply to become a citizen of another country.

“We have to look at the laws of our country, especially the highest legislation which is the Federal Constitution that only recognises one citizenship for Malaysians.

“If any Malaysian has dual citizenship, he or she will automatically lose the Malaysian citizenship, what more if he or she had applied to be a citizen of another country,” he said when asked to comment on the Sarawak Legislative

Assembly disqualifying Pujut assemblyman Dr Ting Tiong Choon of the DAP for allegedly having Australian citizenship as well.

Ahmad Zahid spoke at a press conference after performing the ground-breaking of the Ibrahim International Business District here yesterday.

Ahmad Zahid said the decision of the Sarawak Assembly could be challenged or brought to court by the relevant political party.

Nevertheless, the Federal Constitution must be upheld as the leading legal reference and respected by all.

“This is not a question of politicising an issue but a question of principle upheld by the legislative system and the people of Malaysia,” he said.

The Sarawak Assembly disqualified Dr Ting as the assemblyman for Pujut on May 12, citing his alleged Australian citizenship.

On another matter, Ahmad Zahid, who is also the Home Minister, said Malaysia had the Counter Messaging Centre (CMC) and an agency each in the police and Foreign Ministry to monitor individuals on the suspects’ list. — Bernama
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answered on Dec 20, 2017 at 13:14
by   jeff005
edited Dec 29, 2017 at 06:03
 
Oooh that great guy?

Dr Ahmad Zahid Hamidi
Doctor of Philosophy (PhD) in Communication by Universiti Putra Malaysia (UPM).

1. I do not trust BorneoPost. Sometimes too much twisting of words and exaggerations, such is journalism.

2. whereby a Malaysian would lose his citizenship if he or she were to apply to become a citizen of another country.
Apply?  How in the world would outsiders know of the act of application?  The Certificate of Good Conduct is also used for other purposes, other types of applications. Malaysia have planted spies in the other countries Embassies or Consulates? What about for those who were given citizenship via marriages as in some countries? Those people did not apply but was accorded, as some of those countries recognize dual nationality.

What happens to this action to  "apply"  when Malaysia auto strips off the citizenship and the other side did not approve the application? One becomes  stateless ? Homeless? That is breaking another Law of Human Rights..!!

3. A Malaysian will automatically lose his Malaysian citizenship
How is the legal process.. Via High Court, Federal Court? (as this involves Constitutional laws) or automatic done by the Home Ministry? If the Ministry can just do that, they can also be "awarding" citizenship to "illegals"!

4. This is pretty much what you are saying.
No, I am not a lawyer.. It is in Common Laws.. the rights of one to chose its own direction/path.

If the act of "apply" is considered that there is intention  to emigrate and warrants an automatic "revocation" of citizenship, something is not right with our legal system.  If one is to be born in Malaysia by Malaysian parents after Merdeka Day, it is a birthright as a Malaysian Citizen by our very own Federal Constitutional laws. It was not given, bought or awarded, hence cannot revoked at will, can only self renounce willingly.

So, if I am siting on a bench alone, in an open space public lake and I saw a pretty fully well dressed voluptuous lady walking past 10 metres away. I observed her for a few minutes... can I be hauled to court for "mental molestation" as there was "intention" to look longer?

Just my 10 Baht worth of personal views. Dont' get serious..!

Some "Doctors of Philosophy" are good for politics only for their own political agenda.. not Philosophers Of Wisdom. 
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answered on Dec 20, 2017 at 20:29
by   Malacca Paranaken
I am a Malacca Paranaken (notice proper spelling of Malacca, not modern runbish) born before 1948.  Bapa Malaysia allowed Dual Nationality...CUKC..(Citizen of the United Kingdom and Colonies). This is enshrined in UK Law and the Malayan Independence agreement.

Bumis, understand you own laws.  You cannot take away my BIRTHRIGHT.

Also bloody well understand that in Sabah, Sarawak and Siam DUAL Nationals come and go as they please across open borders.

Malaya (Malaysia...sorry my age) is my homeland, but not my home. Why because I had to go overseas to survive. TERIMA KASIH to Tuanku Abdul Rahman 
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