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Can child born out-of-wedlock to Malaysian father, Thai mother get Malaysian citizenship after marriage registration?

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asked on May 5, 2015 at 04:57
by   evirob
edited on Sep 30, 2017 at 06:57
 
I am a Chinese Malaysian. My Thai girl friend has gave birth an out of wedlock child 1.5 month ago with Thai birth certificate with my passport name on it. I am going to marry my girl friend. But how? And what is the better way for my child to become Malaysian citizenship for studying in Malaysia.

1. Can my out-of-wedlock Thai born child get Malaysian citizenship after I register marriage with my girl friend in Malaysia. What should I do? Any steps and requirements?

2. Malaysia born birth certificate must be done within 14 days after giving birth. But for foreign born child must report and register within 1 year. Does this apply to child born out-of-wedlock?

3. Should I get a visa for her and my child to come to Malaysia for registration of marriage and to do birth certificate for my child Malaysian citizenship? Or get marry at Thailand Malaysia Embassy and apply visa for both of them to come to Malaysia to do child's birth certificate and citizenship?

4. After marry my Thai girl friend, how to obtain Malaysia citizenship for my girl friend? I have heard many people said it's hard and even very difficult to become a citizen here. Any suggestion step to follow?

5. Will I be fined? Because of "against a normal procedure" - Marry then having child.
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answered on May 5, 2015 at 05:59
by   Notaadivser
edited Sep 30, 2017 at 07:06
 
Just giving my opinions only. The most accurate answer is to check with the Malaysian Embassy in Thailand.

1. Can my out-of-wedlock Thai born child get Malaysian citizenship after I register marriage with my girl friend in Malaysia. What should I do? Any steps and requirements?
The moment you register with the Malaysian Embassy the child is a Malaysian Citizen.

2. Malaysia born birth certificate must be done within 14 days after giving birth. But for foreign born child must report and register within 1 year. Does this apply to child born out-of-wedlock?
How to get a Malaysian birth certificate when the child is not born in Malaysia? Two birth certificates? Down the road get a MyKad.

3. Should I get a visa for her and my child to come to Malaysia for registration of marriage and to do birth certificate for my child Malaysian citizenship? Or get marry at Thailand Malaysia Embassy and apply visa for both of them to come to Malaysia to do child's birth certificate and citizenship?
Suggestion.. Register the child with Malaysian Embassy first.. Get the child a passport first whether Malaysian or Thai.. Then come to Malaysia and register the marriage and apply for a spouse visa..

4. After marry my Thai girl friend, how to obtain Malaysia citizenship for my girl friend? I have heard many people said it's hard and even very difficult to become a citizen here. Any suggestion step to follow?
After years of spouse visa then make an applicant for PR (Permanent Resident). Is citizenship for the wife so critical at this moment?

5. Will I be fined? Because of "against a normal procedure" - Marry then having child.
Fine so what? Is that an issue? No jail term for this type of issue. You would be "punished" by the running up and down at JPN and Immigration.

Forget all those unnecessary issues at this point of time. The most important matter is to get legitimacy for your newborn. That would pave the way for applications of visas and PR for the mother.

Best check with Malaysian Embassy for accurate course of action... FAST!
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answered on May 6, 2015 at 05:35
by   evirob
Thank you.
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answered on May 6, 2015 at 14:26
by   jeff005
@ evirob

Thank you for your words of appreciation. Nowadays hardly anyone would even acknowledge having read replies to their post.
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answered on May 6, 2015 at 15:25
by   jeff005
edited Sep 30, 2017 at 07:11
 
@evirob

How to obtain Malaysia citizenship for my girl friend? I have heard many people said it's hard and even very difficult to become a citizen here.
1. She is your wife not your girlfriend anymore.
2. Malaysia does not allow Dual Nationality, that accounts for the difficulty to obtain citizenship, but not impossible.

Because of "against a normal procedure" - Marry then having child.
No laws have been broken. No fines.
Under The Law Reform (Marriage & Divorce) Act 1976 both parties making an application have got to have "single" status. Single can be widow, widower, divorcee while having other children.

It is also the current trend to have child first then marry. It actually solves some issues on a childless marriage which usually ended up in divorces with both parties blaming each other on fertility issues.

Yours is NO big issue. Just minor hiccups here and there. Just approach your issue step by step and solve it and you would be fine. Your biggest next issue could be "anxiety issues" once she grows up and have mixed with other foreign spouses. I know it because I have dealt with hundreds of legal foreign workers in my previous career. Some have settled down here and married locals. Even after 5 years of retirement I do still receive calls on their issues with their Malaysian spouses.

The onus is on yourself to prove your sincerity to your spouse and a worthy FATHER to your child. GOOD LUCK..
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answered on May 13, 2015 at 22:02
by   evirob
edited Sep 30, 2017 at 07:14
 
Hi, thank you very much for your input.

The things that worried me most is to get my child to become a Malaysian citizen. As me and my girl friend have not yet marry but have a son for 2 months.  Once you apply passport for my child, Borang W application, a Malaysia marriage certificate is A MUST. But if the marriage date is later than the date of birth of the child, they will not approve the application straight away. The case will be a special one and it needs more time for higher authority to consider, so if you meet with this issue, please follow up until they give you an answer. Even I report my child at Thai Malaysia Embassy for Consular Report of Birth Abroad (CRBA) (Form FS-240), marry certificate is still needed.

Now I am scared if I miss some steps or do something 1st. It might end up more difficult for me to gain the citizenship.
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answered on May 13, 2015 at 22:55
by   Jeff05
edited Sep 30, 2017 at 07:15
 
Thanks for your update.

Just get married in Thailand first and next register it in Malaysia. That could solve some issues.. most urgent is to get legitimacy for your child.
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answered on Sep 7, 2017 at 05:06
by   Adrian
edited Sep 30, 2017 at 07:25
 
I have a similar situation. I wanna ask

What if the baby is born in Malaysia? Can I register the baby as Malaysian even we are not married yet?
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answered on Sep 7, 2017 at 06:35
by   jeff005
edited Sep 30, 2017 at 07:26
 
What if the baby is born in Malaysia? Can I register the baby as Malaysian even we are not married yet?
The Father's name can be inserted into the birth certificate if he has a "single" status. Cannot if he has been married before and not yet divorced. Even foreigners giving birth in Malaysia, the child will get a birth certificate which is pink in color. The nationality of the child will follow that of the mother without a marriage certificate.

Read my posting on "Illegitimate Child":

https://www.lawyerment.com/answers/questions/12146/illegitimate-child-definition-in-malaysia
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answered on Sep 7, 2017 at 20:31
by   Adrian
Thanks Jeff. I am Malaysian and single, does that mean I can register the baby as Malaysian? or I need to get the single status letter first in order for me to register baby as Malaysian? 
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answered on Sep 7, 2017 at 21:20
by   jeff005
edited Sep 30, 2017 at 07:51
 
@ Adrian 

I cannot comment without details. Each and everyone's issues can differ slightly.

Questions:
1.  Is the child born yet? Estimated time of arrival (ETA)?
2.  Where are you and your girlfriend now?
3.  Give birth in where? Thailand or Malaysia?
4.  Plan to get married where first?

I need to get the single status letter first in order for me to register baby as Malaysian? 
You need to get married first using the single status letter for the purpose of marriage in Thailand via the Malaysian Embassy in Bangkok. For marriage in Malaysia your MyKad will indicate you are single or not but your spouse has to get the letter from her embassy.

Thai Constitutional Laws for Citizenship for her people is clear cut. Any child born from Thai citizenship will be auto citizen wherever they are and until attaining the "Age Of Consent" will have to choose only one country. Their "Age of Consent" varies from 15, 18, and 21 depending on the type of circumstances. 

Adrian, if your child is not yet born, there is still time to legalize your child with Malaysian Citizenship. For marriage with Foreign Spouse in Thailand (correct me if I remember wrongly), it take only around 14 days unlike Malaysia which could take more than 1 month.

Marry in Thailand first, register the marriage with the Malaysia Embassy in Bangkok. You can bring your wife here and give birth in Malaysia while waiting for the Marriage registration. You can delay registering the birth of the child while waiting for the marriage certificate. Just pay the fines (if any). When you get the marriage certificate, then register your child birth. 100% your child is a Malaysian Citizen. Later bring your child back to Thailand and apply Thai Citizenship thru your wife's citizenship. Thai Immigration officers AND Department of Foreign Affairs officers @Chengwattana are very helpful over there.

Just make sure you get the Long-Term Social Visit Pass (LTSVP) (pay fees) for your wife in Malaysia to avoid travelling up and down.

AND... DO NOT EVER ALLOW YOUR THAI WIFE TO OVERSTAY FOR EVEN 1 DAY.
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