Hovite

I expect I may be going over old ground so forgive me if this is the case but if a child is born in Malaysia to a UK father and Malaysia mother (married) I know they are a Malaysia citizen by birth and a UK citizen by birthright so what to do when there is a need for a passport? 1) Obtain one for each, use the Malaysian one and keep the other in case the child emigrates to UK, 2) Obtain just a Malaysian one and get a UK Right of Abode stamp from UK immigration (this option was recommended by the UK authorities), 3) Just get a UK one and risk the question “where are your 6 monthly visas you should have obtained since birth?” and the ire of the Malaysian authorities? I believe 2) is the right answer but does anyone know of any person who has followed 1) or 3) and was there any problem? Any thoughts would be welcome.

OriginalSunshine

If you were born overseas and your child was not born in the UK, and was not born to a UK mother, then the child may not have automatic right of abode! Harsh, but something to watch out for. My children were born overseas and we were both UK citizens both born in UK, but my kids will still have this problem later on in life.

Now, assuming you were born in the UK, then your child has a right to citizenship. If you only get a UK passport then you would have had to register the child as foreign birth at the UK embassy, and get a UK birth certificate, followed by UK passport, followed by dependent pass/visa for residency in Malaysia.

I assume you are asking because you haven't done this and the child is probably more than a few weeks old?

In that circumstance, I'd recommend getting a Malaysian passport first so the child can enter and leave Malaysia at will. If you are going back to the UK, for a holiday, then go for option 2. Then once back from holiday apply for a UK passport for your child, as this can take a few months in non clear cut cases.

Hovite

Many thanks for your reply OriginalSunshine. Actually it relates the daughter of someone close to me. Father was born and raised in UK of UK parents. Daughter was born to UK father and Malaysian mother in Malaysia and the daughter has both a Malaysian Birth Certificate and a UK Birth Certificate obtained shortly after birth. She is now 5 years old and the family plan to make their first trip abroad to a country in Asia. Thanks for the reccommendations.

bakedbean

I think there was another topic recently that suggested that you could not (officially) hold both a Malaysian and UK passport as Malaysia did not allow that. Is that still true?

JC3

Yes. It's still true.

Malaysia does not recognise dual nationality. Technically you can be refused entry if you are found to be holding two passports of different nationality.

Dual Nationals
The United Kingdom recognises dual nationality and there is no objection to a British national, who is also a citizen or national of another country, holding a UK passport. However, British nationals who are also nationals of another country cannot be protected by Her Majesty's representatives against the authorities of that country. A warning about dual nationality is contained in the notes at the front of UK passports.

Malaysian citizens
Malaysian citizenship laws provide that Malaysian citizens who voluntarily exercise their rights to another citizenship which gives the passport holder of that country freedom of movement and no conditions/restrictions on employment may be deprived of Malaysian citizenship.

JC3

OriginalSunshine

As long as you don't use a UK passport to enter or leave Malaysia, it is generally not a problem, as my friends have found. Malaysia doesn't outright forbid it, but gives itself the possibility to remove citizenship if it wants.

JC3

Let us be clear. Malaysia does not allow dual citizenship. It is illegal for any person holding Malaysian citizenship to hold any other country's citizenship. Do not get caught at a Malaysian airport carrying two different passports.

JC3

OriginalSunshine

Fair enough. The only people I know who have had trouble are those trying to get BOC passports on the basis of being Malaysian.

passportboy

She can actually keep both passports up until the age of 21 in Malaysia.

BritInParis

Unless your friend has immediate plans to move to the UK then stick with Plan 2 and get a RoA vignette if and when necessary.

bakedbean

Erh... that contradicts what JC3 has said. He reckons no dual passports (officially). Are you sure?

Anyone got a link to the "official word" for the OP's info?

BritInParis

The constitution is pretty clear that anyone exercising a privilege assocated with a foreign citizenship (holding a passport, voting in an election, working or residing without a visa) permits the government to order the deprivation of their citizenship. AFAIK there's no exception made for children although I'm happy to be corrected.

Hovite

Thank you all for your contributions to this thread. They will help me convince the chap to do the right thing. The concensus appears to be that option 2 is the right way. I found this https://www.gov.uk/government/upload...ch12annexd.pdfThanks again.

JC3

I think PassportBoy is correct (up to 21) . But reading more on this here, it looks like one still needs to tread carefully:

A Malaysian in France: My child could apply for Malaysian citizenship


JC3

passportboy

Yes, it's the same in Singapore, ie, 21 years old.

I know a couple (Japanese + Malaysian) in Malaysia.
Both Japan and Malaysia do not recognise dual citizenship.
Their children also keep two passports, but they must decide their final nationality at 18 (following Japanese law), at 21 they can only choose Malaysian in this case.