just_the_two_of_us

Thanks to JAJ and the rest of you. More questions unfortunately follow!

My wife does not want to give up her Malaysian citizenship as it poses a lot of problems with inheritance and property currently under her name. Can she just remain permanently with the indefinate leave to remain visa, after the initial 2 years? Also whilst in the UK under these visas, can she leave to go home for a couple of months a year to see her parents?

My second major query comes as we have just found out that we are expecting our first child! Once again, as I mentioned, we have consulted a lawyer here and it is impossible to pass on property and other inheritance to a non-Malaysian. Due to this, we want the baby to be born here and get Malaysian citizenship. Malaysia does not allow dual citizenship and my wife and the baby will be coming over to live permanently when the baby is about 4/5 months. What visa does the baby come under?

JAJ

Yes - but if she leaves the UK to live elsewhere she could lose her ILR.

Once she has ILR - yes. While on the temporary visa she needs to be careful about longer vacations.

Would the child not get Malaysian citizenship even if it was born in the UK?

Anyway, are you yourself born or naturalised in the UK? If so the (Malaysia born) baby will be a British citizen (by descent) irrespective of what the Malaysians think or say. Automatically. From birth.

As far as I understand, Malaysians who are automatically dual Malaysian/other can keep their Malaysian citizenship provided they don't get a foreign passport. So what you may be able to do is obtain for the child the following:

- a British style birth certificate from the British High Commission in KL (this will make things much easier dealing with UK schools etc)
- a Certificate of Entitlement to the Right of Abode stamp in his or her Malaysian passport. This allows the child to use the British/EEA channel at United Kingdom ports of entry, although it doesn't work anywhere else in Europe.

Talk it over with your lawyer in Malaysia. But a lot of Malaysians (from Penang and Malacca) who lived the UK for 5+ years before 1983 automatically became British citizens on 1.1.83 and they often use these devices to prove their British citizenship, not a British passport. Precisely so that they don't endanger their Malaysian citizenship. Here's a recent example:
http://www.ukresident.com/forums/ind...howtopic=14990

just_the_two_of_us

Hi JAJ,

Thanks for your most helpful reply. I am a Brit citizen, born and brought up there. I've only been here for the last 2 years and I'm returning at the end of this month.

With RoA in the child's Malaysian passport, would it give any problems in the future in terms of the child's rights in the UK? eg. property/health/education and what would be the citizenship issues faced by his/her children in the future? Are there any limitations?

Also as you mentioned my wife's settlement visa, do you know how long is too long for a holiday? She will obviously want to come back from time to time to visit the other half of the family with the baby.

Anyway, thanks for your kind help.

JAJ

An RoA stamp in a foreign passport issued under section 2(1)(a) of the Immigration Act 1971 is proof of the child's British citizenship and should be acceptable for all official purposes in the United Kingdom.

RoA can also be held by some non-British citizens under section 2(1)(b) of the 1971 Act, but this does not apply to your future child.

Don't forget to get a British-style birth certificate from the British High Commission in KL. That's another proof of British nationality.

With these documents it would be easy to get a British citizen passport anytime your child wanted.

Do bear in mind that with a Malaysian passport + RoA stamp, your child could only be admitted to other European countries as a tourist (ie no EEA rights). And if other countries require Malaysians to have tourist visas (eg US, Canada) then your child needs one too. It also means that access to British consular protection in other countries may be restricted - Malaysian consular assistance may not be as effective.

One further thing to bear in mind is that as a British citizen by descent your child will face restrictions on transmitting his or her British citizenship to another generation if the "next generation" child is also born outside the United Kingdom and the British Overseas Territories.


Best I can suggest is post on http://www.immigrationboards.com where you will get a lot more UK-specific immigration and nationality advice.

http://www.ukresident.com/forums/ind...showforum=2406 is also an option.