Advertisement

Dual Nationality Loophole

3201 Views  ⚫  Asked 6 Years Ago
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.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
47 Answers
« Previous   1   2   3   4   5   Next »  Last »

answered on Jun 19, 2017 at 04:28
by   Cassi
edited Aug 18, 2017 at 04:28
 
Has anyone succeeded to re-enter Malaysia with the newly renew Malaysian passport without exiting?
0 found this helpful
Helpful

answered on Jul 31, 2017 at 13:37
by   BobtheBuilder
edited Aug 18, 2017 at 04:29
 
@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.

If this is the law in Malaysia, then no wonder the country is in disarray. The law has failed this person if this is the case.

No person who emigrates at the age of 10 and then takes up foreign citizenship should be penalised for it, and not have the option of regaining their Malaysian citizenship. The person cannot be deemed to be of sound mind when the decision was made, given the circumstances.

Are you sure about this, @immi lawyer? Or is this just an assumption of yours?
0 found this helpful
Helpful

answered on Jul 31, 2017 at 14:33
by   Tanavaroot
edited Aug 18, 2017 at 04:32
 
Malaysia is NOT in disarray because of immigration standards. It is one of the best next to Singapore in this region. The passport are accepted in 170 over countries.

Malaysia has implemented so many new procedures and regulations in 2016.
0 found this helpful
Helpful

answered on Jul 31, 2017 at 14:42
by   BobtheBuilder
edited Aug 18, 2017 at 04:34
 
Please, I am talking about an individual who has been let down by the law. The law has clearly ignored and disrespected this person's human rights (if what @immi lawyer stated was indeed the correct application of the law). Only by highlighting it will there be hope for change.

I have just stumbled on this thread today. As far as I am concerned, there hasn't been a change in the law pertaining to this matter since 2016? Are you suggesting that there has been?
0 found this helpful
Helpful

answered on Jul 31, 2017 at 15:21
by   Tanavaroot
edited Aug 18, 2017 at 04:35
 
If an individual citizenship was removed by constitutional laws, as such could be reinstated by the very laws that have removed him or her. There are options of regaining citizenship in any democratic country. Only people do not know how apply the laws and procedures.
0 found this helpful
Helpful

answered on Jul 31, 2017 at 16:23
by   BobtheBuilder
edited Aug 18, 2017 at 04:57
 
I question the fairness of the law and hence why I have raised it. I also have made it clear that I am not sure of @immi lawyer is accurately representing the law and I need him/her to clarify. My understanding of the Malaysian Constitution is that certain matters such as this is only considered legal if made after a person turns 21. The original poster said that he/she had taken up the foreign citizenship at the age of 20. So surely this person has the right to regain the Malaysian citizenship per my limited understanding. The right information must be posted to assist the poster.

So my post could actually help @Malaysian in Oz.
0 found this helpful
Helpful

answered on Jul 31, 2017 at 17:15
by   Tanavaroot
edited Aug 18, 2017 at 05:01
 
You have belittled Malaysians by your sweeping statement that Malaysia is in disarray.

The @imm lawyer who posted is not a lawyer if you have read in between the lines carefully.

And the dual nationality loophole is being plugged by most European and USA new immigration laws and procedures.
0 found this helpful
Helpful

answered on Jul 31, 2017 at 19:29
by   BobtheBuilder
edited Aug 18, 2017 at 05:05
 
Are you Malaysian? Do you live in Malaysia? Because anyone who does will tell you that the country is in a bad state at the moment, it's an open secret, and no honest person is going to feel offended by hearing the truth about Malaysia.

In fact, most will agree with my description of the country. I haven't belittled any Malaysian by stating what everyone already knows.

You need to lighten up.

Perhaps @immi lawyer might even reply back. And on what basis am I meant to know if @immi lawyer is an actual lawyer or not? I am new to this site so if someone calls himself an Immi lawyer, I am assuming he's just that.
0 found this helpful
Helpful

answered on Aug 22, 2017 at 05:30
by   immi lawyer
@Bobthebuilder, I have just come across this “Revived” thread. “Malaysia in Oz” has not given us a response to her predicament. I presume she is still a NZ citizen, having taken NZ Cit when she was twenty and her endeavours have otherwise failed!

Yes I am a lawyer ...long since retired. I was involved in many Visa over stayers and dealt with Malaysian Citizens marrying non Malaysians. I used the nom de plume “immi lawyer” to make the point contained therein, I.E. the courts will only look at facts, and apply the law accordingly.

In those early years, cases of dual nationality seldom arose. The Malaysian diaspora and resulting Dual Nationality conflict has only come about in the last 50 years or so. Many flouted Malaysia's Dual Nationality law, by applying for foreign passports for travel convenience.

Article 24 of the Malaysian Constitution is clear. Read it. Also read the postings by “Pro Bono” and others.

You seem to question a fork at 21 years. Allowable in Singapore if a juvenile has dual nationality at birth. In Malaysia once an offspring of parents of a Malaysian (being a Malaysian Cit at birth) and another nationality acquires the passport of the foreign parent, Malaysian Law is broken.

I understand your sentiments and I sympathise with Malaysia in Oz. I ask “Why Oz and not Kiwi”. I know of many who flout laws and get away with it because of their standing. Many do not challenge the Nationality Law, because of time and expense. Had situations of many so called “Men in the street” taking away a passport and other documents when they had no right too.

I suspect you are not from Malaysia. You made a sweeping statement about Malaysia being in“Disarray”. Stop calling “The Kettle Black”, because you the “Pot” are just as BLACK. As for your nom de plum,“bobthebuilder”I will say that there are many of your kind in “Rip Off Britain.” I can be just as nasty as you about making sweeping “Disarray” and implied derogatory statements.

Your wish about me coming back has been answered. I will leave it at that.
1 found this helpful
Helpful

answered on Aug 22, 2017 at 16:15
by   BobtheBuilder
You seem to question a fork at 21 years. Allowable in Singapore if a juvenile has dual nationality at birth. In Malaysia once an offspring of parents of a Malaysian (being a Malaysian Cit at birth) and another nationality acquires the passport of the foreign parent, Malaysian Law is broken

Incorrect. You may want to read up the law again. Under Malaysian law, a child born to a Malaysian parent and a foreign one is allowed to have dual citizenship until the age of 21, and can acquire a foreign passport during this duration. At the age of 21, the person has to choose which citizenship to retain and which one to renounce. It's the same law as in Singapore.

If you can get this basic law so wrong, I tend to question the rest of the advice you have given Malaysian in OZ. Why the moniker, Malaysian in OZ? Who knows. Maybe the person is living in Australia now, did that ever occur to you?

Please don't lecture me on how I should describe the Malaysian situation. Rising inflation, unprecedented corruption and the ever falling RM would suggest that my description of the country is accurate. I am a Malaysian FYI. Using a handle from one of my favourite childhood tv shows doesn't mean I am "ripping of Britian".  That's just you being petty.
0 found this helpful
Helpful


« Previous   1   2   3   4   5   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy, cookie policy and terms of service.