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Baby born in UK to Malaysian mother

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asked on Sep 4, 2012 at 23:26
by   shankly
Hi

Our 8 week year old boy has a British Father and a Malaysian Mother.
Our baby was born in the UK and his birth registered in the UK, we are married and his mother has a Malaysian Passport with Permanent Residency in the UK visa.

We would like to apply to Malaysia to let the boy be a Malaysian Citizen like his mother before applying for any passport for him. Once we have done this we would then apply for a British Passport on the basis that he was born and registered in the UK and his father is British.

The reason for wanting him to not lose all his Malaysian ties is that one day he may want to live and work in Malaysia since he is half Malaysian

Could there be problems in getting him a UK passport?

Many Thanks
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10 Answers

answered on Sep 8, 2012 at 03:20
by   sotong
Hi,
Congratulations on your new born!

The UK allows dual citizenship so you shouldn't have any problems there. However, Malaysia does not currently allow dual citizenship. At the age of 21, he *may* be forced to decide whether he wants to be British or Malaysian. Until then, he's fine.
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answered on Sep 8, 2012 at 04:28
by   shankly
Thank you sotong
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answered on Sep 9, 2012 at 09:31
by   Orang Ulu
I would try and register the babe's birth with the Malaysian High Com in London ASAP. 

Could be an issue. I think that the law will only accept MAL Citizenship if the child is born in Malaysia to a Malaysian mother and a non Malaysian father.  If the the child is born overseas they may refuse.  Plead total ignorance and see what happens.

I read on this site somewhere where a child born in Singapore to Malaysian Mun and Singapore Dad was refused registration at the Hi Com in Singapore.
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answered on Sep 9, 2012 at 15:20
by   sotong
Orang Ulu, can you provide the link to the site?

AFAIK, your statement is true if the birth occurred before 1st June 2010. After this date, the provisions of section 15(2) of the Federal Constitution can be applied to children born overseas to a Malaysian mother and a foreign father.

The web site of the High Commission of Malaysia in Australia also confirms this. See http://www.malaysia.org.au/serv2.html#Canberra.

However, the web site of the High Commission of Malaysia in the United Kingdom seems to be missing that information, but that could just be because their site is outdated (which is not unexpected at all of a Malaysian government web site).
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answered on Sep 9, 2012 at 15:21
by   sotong
Oops, I meant the link to the post on this site.
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answered on Sep 9, 2012 at 21:26
by   Orang Ulu
Sotong, see "Baby born in Singapore" by mrconfused on 16th Aug.  I was responding from memory and perhaps assumed some of the content incorrectly. You responded to it.  Judging from what you said, Malaysians should really be up on Malaysian Nationality and Immigration Law and not accept whimsical responses from officials shooting from their hips!!

I know of a Sarawakian who married a UK Cit. She was refused registration saying that the kids had to follow the father.  She tried to get her children Malaysian passports here in the UK.  She was also refused.  She went back to Kuching and got them their ICs and passports there. This was some years ago. Situation has probably changed now.
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answered on Sep 10, 2012 at 22:34
by   shankly
Thank you Sotong and Orang Ulu

I have had a look at the provisions of section 15(2) of the Federal Constitution applied to children born overseas to a Malaysian mother and a foreign father on the web site of the High Commission of Malaysia in Australia.

Ok it looks like we can register our baby for a birth/Citizenship Certificate.
It says the registration takes place after the child turns one or when the application is received after the child turns one) So I guess that means one can apply at any age but if under one it will be come into effect when the child reaches one?

However by applying does this potentially mean that our baby will nt be able to be a British Citizen?

All we are trying to do ideally is to keep his existing automatic British Citenzenship (by the fact his father is British and he was born in Britain) but put a marker down with Malaysia by getting a Malaysian birth certificate that will allow him one day to obtain a Malaysian passport (and relinquish his UK one)should he wish to.

I read in the press recently of a man born to British parents in colonial India who came back to the UK when he was about 4. He then as an adult imigrated to Australia where he became an Australian citizen. He is back in the UK but scared to leave as he may not be allowed back in to the UK again.
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answered on Sep 12, 2012 at 05:59
by   Orang Ulu
I can understand your concern.  Obtaining a Brit Passport is no problem as you are British.  It is his birthright.  He has a UK birt cert and you a BRIT are his father.  No law can take this away.

I am not sure why you have to register the child’s birth after 1 year….... see below.  For Australia read UK.  What applies in Aus must also apply here.  Your birth Cert or Passport is proof of your UK Citizenship.  Ring the Hi Com in London and ask what documentation you need for child registration.  Forms here may be different for those in Aus.

Get the childs registration under your belt first  See below.

Registration for Citizenship Certificate before a year old (Foreign Father)

Under item 15(2) of the Malaysia Federal Constitution, starting from 1 June 2010, a Malaysian mother and a foreign father will be able to apply for Malaysian citizenship for their child born overseas.

Application can be made at the High Commission / Embassy / Consulate General under the following conditions and requirements:-

(i) application must be submitted within a year from the birth of the child;

(ii) the mother is a Malaysian when the child was born; and

(ii) the child was born in Australia after the date of legal marriage.
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answered on Sep 14, 2012 at 23:56
by   shankly
Thank you Orang Ulu

For our first child, a daughter, (2 years ago) we simply got a Malaysian birth certificate (I think in two colours - pink for mothers "copy" and blue for father's)Does that see right? However my understanding is that all she has is a recognised Malaysian birth cert which might help get her Malaysian nationality should she wish to renounce her British Nationality one day.

The problem still remains that Malaysia do not accept dual nationality so if we apply for Malaysian Nationality for our 10 week old son , and then a British Passport for him , maybe he could have problems when entering Malaysia as in effect he will have two nationalities ?

Maybe it's safer to do what we did for our daughter?
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answered on Sep 15, 2012 at 03:25
by   Orang Ulu
Shankly, I understand your concern. Below, my thoughts. 

Your son is British by his birth right.  He is not a Malaysian until his birth is registered and he gets a MAL Passport. I would register and get a MAL Passport for him ASAP, and then apply for a Right of Abode Cert at Liverpool to be placed on his MAL passport.  Keep this Passport like a piece of gold, as at renewal the MAL GOV in UK will not be given unless he can show he is eligable to stay here permenantly etc.  DO NOT apply for a brit passport yet because you will not get a ROA cert on a foreign pasport once you have a brit passport. 

Applications for ROAs or Leave to Remain renewals are expensive, especially every 5 years.  I know  Malaysians who carry two passports, their current plus OLD Passport with the ROA etc to show they have no immigration restriction when they come back from MAL.  They also have brit passports for rest of world travel.

I would get your daughter a MAL passport too.  Whilst there, ask if the British birth cert as proof of abode right will surfice for later renewals.  Your notion that her MAL Birth Cert might help her to get MAL Citizenship if she wants is possible but a gruesome process with referals back to Kuala Lumpur.  Only use MAL Pasports for travel to Malaysia.  Malaysia's Dual Nationality law is nonsensical.  Google "The Queens Malaysians" for info.

Once you get MAL passports for the Kids, apply for Brit Passports. Who is going to shop you? Only use MAL Pasports for travel to Malaysia.
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