Dual Nationality Loophole

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asked on Apr 2, 2012 at 00:37
by   snowflake
edited on Dec 28, 2016 at 02:22
I was born in the USA to an American mother and Malaysian father. Due to my birth place I was able to apply for a US passport as a US citizen. Due to my father being Malaysian, I was also able to obtain a Malaysian birth certificate as a Malaysian citizen (Borang W), complete with a blue IC. Although at a younger age I would have been entitled to hold 2 passports, I did not ever apply for a Malaysian passport. Instead, I have been using my US passport all this while and had held a student visa while I was studying here. In 2005 I moved back to the US to attend university. Prior to that, I have spent my life growing up in KL and attending an International school.

Due to my grandfather in Malaysia being ill, I had decided to return to Malaysia after I graduated from University in the US. I applied for a job here as a Malaysian citizen using my Malaysian IC, although still entering and exiting with my US passport. Inside my US passport, I have been entering/exiting on a tourist visa.

I have managed to get myself stuck in this loophole whereby I am working in Malaysia (now engaged to a Malaysian also, will be married this year), yet I am still holding a US passport, entering on a tourist visa. I do not want to be stuck in this loophole anymore and was wondering if anyone has any advice or knows what I should do? I would like to give up my US passport and apply for a Malaysian passport, although I do not want to entirely renounce my US citizenship - I would rather just let my passport dissolve.

Does anyone have any advice or know anyone that I could consult about this? I am willing to pay for consultation as this has been really bothering me.. many many sleepless nights.
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answered on Dec 18, 2013 at 22:10
by   immi lawyer
edited Dec 28, 2016 at 02:58
@Malaysian in Oz, I understand your predicament.  You have mitigating circumstances and compassionate grounds. A lawyer could argue the case for leniency. Unfortunately, courts will only look at facts.  Session or Magistrates courts may not adjudicate, causing escalation up to High Court for a result. Expense and Time factors to consider. Seek expert advice on any previous rulings or outcomes. Also beware, court proceedings bring out everything...worts and all!!! I am not in a position to offer you a direction.
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answered on Dec 19, 2013 at 14:07
by   Malaysian in oz
edited Dec 28, 2016 at 02:59
Thanks for your response @immi Lawyer. I will be heading to Malaysia at the start of February and wouldn't mind getting in touch with a good immigration lawyer to seek further advice on this issue. Do you happen to know of a good one? Cheers.
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answered on Dec 19, 2013 at 17:14
by   Immi lawyer
edited Dec 28, 2016 at 03:00
SKRINE &CO in Peninsular Malaysia is one practice.  Google "malaysian immigration attorneys" for others.
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answered on Dec 19, 2013 at 18:53
by   Malaysian in oz
Thank you, appreciate it.
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answered on Dec 20, 2013 at 23:51
by   Pro Bono
edited Dec 28, 2016 at 03:04
@Malaysian in oz, I have read your various postings with regard to your situation and request for advice. My response is “Pro Bono.”  I offer it without prejudice and a perspective from a prosecution stance with regard to Malaysian Citizenship law:-
1 You have a New Zealand passport.  You have forfeited your right as a Malaysian Citizen,
2 You acquired a renewed MY passport.  You obtained it illegally.

You want to return with your “illegal” Malaysian passport, having exited with your New Zealand passport. Autogate defaults to “No Entry” if abnormally is found. Detection at an immigration counter depends on due diligence being applied.

Many have offered ways to minimise detection or purported solutions. Some have been sarcastic when the logic has been challenged.  Others have “got” away with it. All suggestions are outside the ambit of Malaysian law. Failure figures are not in the public domain. You decide.

Points to consider if you proceed:-
1 You may loose your Malaysian IC and Passport if the decision goes against you.
2 You will have the stigma of trying to reject your present New Zealand citizenship.

An Advocate will be able to give you direction in consultation. Advice given in this forum has no professional attachment.
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answered on Jan 28, 2014 at 01:28
by   TestTube
edited Dec 28, 2016 at 03:05
Do not attempt to leave the country on the New Zealand (Kiwi)/Australian (OZ) passport if you entered the country using your Malaysian passport. Firstly, the auto gates are for those travelling on a Malaysian passport. Secondly, if you are unable to use the auto gate and you have to go through a human, then he will immediately flag up the fact you don't have a stamp showing you entered Malaysia. Then what?!
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answered on Feb 11, 2016 at 23:18
by   NotALawyer
edited Dec 28, 2016 at 03:09
Even though, legally Malaysia doesn't allow dual citizenship. But there are ONLY 1 way known (and practiced) so far to-date within Malaysia for revocation of citizenship. One has to apply officially by filling in a Form called Borang Pelepasan Taraf Kewarganegaraan (something along this line) in JPN. Once you submit, and only AFTER you are issued a certificate confirming your application to revoke, then it's official. (People normally do this, if they migrate somewhere and they wish to withdraw lumpsum their EPF, and they have not obtained the age of 55 yet).

Never heard of anyone being revoked or strip of Malaysian nationality thru other means.

Don't believe all you hear outside there, especially people who always like to being their story with "I have a friend of friend who was removed of their Malaysian citizenship blah blah blah."

If the story is really genuine, why begin with "a friend of friend". That is already indicator of fake grandma story...
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answered on Dec 15, 2016 at 04:09
by   Wonderwonderinghestars
edited Dec 28, 2016 at 03:11
Sorry guys.. I can't help myself to say this.. Why on earth would anyone wanna let go their New Zealand or Australian or US or Canadian passport/citizenship and slog like hell in Malaysia in this current situation? 
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answered on Dec 24, 2016 at 11:07
by   OZ Boy
edited Dec 28, 2016 at 03:13

I think you underestimate the wealth in Malaysia and the amount of wealthy people who are enjoying their lives in Malaysia. Besides, there is a whole host of reasons as to why some people would rather be in Malaysia than in the west, just earning more money in the west is not a compelling enough reason for a lot of people.

Personally speaking, I live in Sydney and am currently 38 and single, but my plan is to sell up and move back to Malaysia next year. As good as it is here, Malaysia offers a lifestyle that you just can't get in the west, at least that's how I feel. Granted you need to be pretty well off to enjoy this lifestyle, but if you can afford it, then Malaysia does it for me more so than Australia and the other countries you mentioned. Remember, the money in Australia is 3.3x stronger and therefore I can sell my paid up house here which is worth a million AUD (no big deal as the average Sydney house price is now over a million and I bought it for 400,000 AUD), convert it to RM and get RM 3.3 million in hand.

If I continue living in OZ, I will have to continue working for the next 27 years till I reach retirement age.  Conversely, I can go back to Malaysia right now and pretty much retire if I choose to. I can get a car and an intermediate house in a decent area such as USJ for about RM 1 million. If I choose to, I could use RM 300,000 to start off a business or buy into a franchise, and place the remaining RM 2 million in FD. Even if the business venture fails, the interest alone from the FD will be enough for me to live a fairly comfortable lifestyle for the rest of my life.

So 27 years in the workforce in oz or a bum lifestyle back in Malaysia? It's a no brainer for me - I'd rather be a bum LOL. Anyway, that's a long rant but that's my story and that's why I would rather move back to Malaysia.
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answered on Jan 8, 2017 at 01:36
by   Miri Boy
Agreed Malaysia or any S E Asian offers a better lifestyle if you are young to enjoy and can afford it compared to areas where Caucasians live or have commendeared
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