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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
edited on May 30, 2018 at 01:48
 
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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answered on Sep 8, 2012 at 03:20
by   sotong
edited May 30, 2018 at 01:48
 
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
edited May 30, 2018 at 01:49
 
Thank you @sotong...
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answered on Sep 9, 2012 at 09:31
by   Orang Ulu
edited May 30, 2018 at 01:50
 
I would try and register the babe's birth with the Malaysian High Commission in London as soon as possible.

Could be an issue. I think that the law will only accept Malaysia 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 Mum and Singapore Dad was refused registration at the High Commission in Singapore.
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answered on Sep 9, 2012 at 15:20
by   sotong
edited May 30, 2018 at 01:55
 
@Orang Ulu, can you provide the link to the site?

As far as I know, 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

Child 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.

The High Commission / Embassy / Consulate General is not allowed to register a child who was born before 1 January 2010.  However, if the parents wish to do so, the Malaysian mother of the child is advised to check with Jabatan Pendaftaran Negara Malaysia (JPNM) / www.jpn.gov.my.

Both parents will have to appear in person before the Consular officer at the High Commission / Embassy / Consulate General when submitting their application.

The mother, who is a Malaysian Citizen, needs to sign the application form (Borang B) and Lampiran A.15(2) in front of the officer during submission of the application form.

The presence of the child is also required.  The child's thumb print on the application form (Borang B) and child's photographs (at the back of the photos) must be witnessed and certified by the High Commission.
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
edited May 30, 2018 at 02:01
 
Sotong, see "Baby born in Singapore" (https://www.lawyerment.com/answers/questions/4404/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 Citizen. 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
edited May 30, 2018 at 02:17
 
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 not be able to be a British Citizen?

All we are trying to do ideally is to keep his existing automatic British Citizenship (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 immigrated 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
edited May 30, 2018 at 02:20
 
I can understand your concern.  Obtaining a British Passport is no problem as you are British. It is his birthright. He has a UK birth certificate and you, a British, 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 Australia must also apply here. Your birth certificate or passport is proof of your UK Citizenship. Ring the High Commission in London and ask what documentation you need for child registration. Forms here may be different for those in Australia.

Get the child's 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
edited May 30, 2018 at 02:21
 
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 certificate 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
edited May 30, 2018 at 02:25
 
@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 Malaysia Passport. I would register and get a Malaysia Passport for him as soon as possible, and then apply for a Right of Abode Certificate at Liverpool to be placed on his Malaysia passport.  Keep this Passport like a piece of gold, as at renewal the Malaysian Government in UK will not be given unless he can show he is eligible to stay here permanently etc. DO NOT apply for a British passport yet because you will not get a Right of Abode (ROA) certificate on a foreign passport once you have a British 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 Malaysia. They also have British passports for rest of world travel.

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

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