Lawyerment Discussion Forum
The Malaysian Law Discussion Forum for All
Forum Home | Sign In | Sign Up | Search | Help | Lawyerment HomePost a New Message | Reply this Thread | Printer

Home / Malaysia Immigration & Criminal Law / Immigration Law
Dual nationality

New MessageDual nationality (modified 0 times) cintapants
Hi everyone - I've noticed that this has been touched on a few times in the forums, but with no real result.
I gather that many others have experience of this - so would be very grateful if you could share your experiences.

- I am a Malaysian citizen that was born in the UK - Malaysia does not recognise Dual Nationality
- Back in 1992 when I returned to the country, I was given the CoE-Right to Abode
- I became resident in this country, but returning to Malaysia frequently enough never to raise suspicion
- Over time, my career required a significant amount of EU and US travel - and the Malaysian passport caused real issues with my frequent travel in and out of the non-UK countries
- I decided to take-up the option to get a British Passport in 2004 to get over this. I also renewed my Malaysian passport in 2004 - which has been a dream, because this gave me almost border-less travel around the world on my British passport and Asia on my Malaysian one. Malaysia assumes that I have ROA as per my passport, so no questions asked about entry stamps and length of time spent in the UK

... UNTIL NOW...

- I renewed my Malaysian passport this month in London and need to transfer my ROA from one passport to another
- But as per the British rule change in 2006, I am now no longer allowed to have a CoE of Right to Abode in my Malaysian passport, because I also have a British one - PROBLEMO!
- The next time I go back to Malaysia (which is an annual event), they will notice that I have no ROA stamp in my passport. This will ultimately raise suspicions about dual nationality and I will be faced with the horror of having to CHOOSE one nationality over the other.

- I do not want to give up my Malaysian citizenship. I don't want my cultural identity wrenched away from me. Moreover, I am an East Malaysian - which means that I can travel to and from Malaysian Borneo without ANY restriction - a real luxury as even Peninsula Malaysians are only granted a 3-month leave to remain in Sabah/Sarawak
- My folks live in Malaysia - I want to be able to see them often and stay in my 'motherland'
- My career still means I travel a lot within the EU and USA, I don't want to have to queue at embassies (let alone being singled out at US immigration because of my Malaysian passport (which has happened about 6 times now) everytime I need to go away for a meeting in New York.
- In the future, I may want to return to East Malaysia - and should I have children, I want them to have the choice of being Malaysian or British too

Can anyone offer any advice????
(1) How can I retain both?
(2) How can I come and go through Malaysia without been 'found-out'?

Ie - How can I have my cake and eat it? LOL

Thanks so much in advance!

03 Jun, 2009 23:20:16

New MessageRE:Dual nationality (modified 0 times) Halloween
any penalty if holding dual nationality?
09 Jun, 2009 10:09:33

New MessageRE:Dual nationality (modified 0 times) sarawakian
Simply staple both the old and new Malaysian passports together. Malaysia Immigration wouldn't ask you why your ROA hasn't been transfered
to the new one. When you enter UK show your British passport.
13 Jun, 2009 19:46:25

New MessageRE:Dual nationality (modified 0 times) Troika
I was told that a child born outside Malaysia with a Malaysian father, will need to choose if he will be a Malaysian at the age of consent (18 I think). The child should be registered before the age of 1 and have a borang W. Malaysia does not recognise dual-citizenships. Until the age of consent, they're in some sort of quasi-dual citizenship status.
17 Aug, 2009 13:31:42

New MessageRE:Dual nationality (modified 0 times) julie1
Please let me know if there is any further information relating to this, as I am also in the same situation and visiting Malaysia next year on a Malaysian passport with no ROA!
09 Dec, 2009 03:28:29

New MessageRE:Dual nationality (modified 0 times) alex
you don't need to need to transfer the Right of Abode sticker into your new Malaysian passport, everytime you travel you just need to take all the passports from the last passport with the sticker in to your most recent one (I know some of my friends carry 3-4 passports around with them).

When you do travel to Malaysia make sure you leave the British passport in Britain and travel back using your Malaysian passportS (emphasising on the multiple of passports as mentioned above), you will be able to return to the UK with no problem since you can present an indefinite leave to remain sticker in one of your previous Malaysian passports

30 Apr, 2010 04:20:37

New MessageRE:Dual nationality (modified 0 times) Tommy of Melbourne
What Alex suggested was perfect. Another alternative way is by travelling into/out of Singapore using your UK/OZ Passport and then take a bus/car/train into/out of JB, Msia by using Msian passport. But you must always remember to have/use your Msian passport when you go into/out of JB immigration otherwise you will be in deep ####s if wrong passport is presented. This dual citizenship can only be done (I presume) if the Malaysian passport is always renewed back in Msia whenever it is expired and not in the Msian embassy in UK or OZ, otherwise the Msian Embassy there will able to find out by checking with the local immigration office in regard to your citizenship status.
27 May, 2010 22:06:36

New MessageRE:Dual nationality (modified 0 times) Lee.
Don't be must choose either one soon or later only. I think your main concern would be your taxing and career.
05 Jun, 2010 02:02:49

New MessageRE:Dual nationality (modified 0 times) Miri Boy
I have always had R O A certificates on my Malaysian passports, happily transfering them free of charge on to renewed passports. R O A certs are no longer transferable, and must be reapplied at a cost of over 300 for each new passport. #### expensive!! I recently returned from Malaysia with my renewed MAL passport issued by High Com London plus carried my old MAL passport (issued in Bintulu Sarawak) with the R O A with me. The Border Official told me that as long as I have the latest old passport with the R O A cert, I was not subject to UK border controls, and I was at liberty to join the UK queue. My Malaysian passport was not even stamped!!!In and out of Malaysia I usually use the automatic barriers, unless they are not working. My only malaysian border stamps are between Miri KL, when I was too lazy to show my Sarawak ID Card. So Cintapants, if you read this note, when travelling to Malaysia, only bring your Malaysian passports with you. Officials have been known to do a search, and if they find you carrying a non Malaysian travel doccument,.... say goodbye to your malaysian citizenship. As for your children, have them in the UK, but register them with the High Com London, making sure you show your Sarawak 'K' IC, otherwise they will loose their 'Sarawak Citizenship'. Now you can have your cake and eat it. Further, there is no need to carry all your old passports as Alex said, just the latest old one!! Finally, if you register with IRIS, then all you have to do at the UK Border Control is to show your EYES to a camera!!!All the Amoh Langs are amazed how fast I get through immigration at heathrow or gatwick!
05 Jun, 2010 23:32:42

New MessageRE:Dual nationality (modified 0 times) Frustrated Ahmad
I find the Malaysian Coverment's attitude on Dual Nationality somewhat repugnant and annoying. The Malaysian goverment should realise that when Bapa Malaysia accepted independance from his masters he condoned dual nationality, by allowing those born in the straits settlements before 1948 to have dual citizenship i.e. citizen of the united kingdom and malaysian citizen. Malaysian goverment officials, what are you worried about? If a person has citizenship of another country and chooses to exercise it, then it is the responsibility of the host country to address , not Malaysia's!!!! Your only responsibility is to someone travelling with a Malaysian passport. In other areas you are experts in ignoring your responsibilities and commitments so what is new here?? Listen you goverment bumiputras, its time you came out of your silly mindset, otherwise Mahathir's 2020 will never happen. Allow the flexibility of dual passports for travelling. You should realise that caucasian areas have distorted mindsets and many Malaysians suffer when travelling with Malaysian passports. Until you enforce tit for tat measures, many malaysians will try to obtain foreign passports, not because they want the citizenship, but because it facilitates a less chance of being stopped by a bias immigration official without any scrupples. Either you stop these senseless and unwarrented discrimination activities to avoid malaysian embarraments at border controls, or issue us with diplomatic passports. There is a precedent. Mahathier did it to one of our Malaysian bisnessmen after a silly stupid US Immigration official applied his usual ignorrance.
13 Aug, 2010 01:32:59

New MessageRE:Dual nationality (modified 0 times) Orang Ulu
"We have to conduct a study on the pros and cons and make a political decision," said Malaysian High Commissioner to Britain Datuk Abdul Aziz Mohamad.
The Government had always been pragmatic in terms of looking at issues, he said in response to the suggestion on dual nationality by Asean-UK Business Forum president S.K. Lingam.
Aziz said the issue was something new, as the country's laws and system did not provide for dual citizenship. Sat, Jan 24, 2009" in the STAR?!! Two responses below

1. Patience Bros Patience. We must allow Malaysian Gov. to have due study process. Read Quotes above. Datuk Aziz you are wrong. Subject is NOT NEW. Frustrated Ahmad is correct about Bapa Malaysia and straits settlements. May you long continue your studies......... THIS VIEW FROM ANNONYMUS.

2. Allo Malaysians, why you so silly? Why you wan two citizen for?? No need lah. Many many goverment children already have two citizenship. This OK. Too many of big shot already happening. Enough Enough, Goverment can cheat, but not simple people.. NO DUAL NATIONAL for every person.......THIS MALAYSIAN GOVERMENT RESPONSE

30 Dec, 2010 22:47:57

New MessageRE:Dual nationality (modified 0 times) elm0kiss
i am looking at getting my oz citizenship as well and i have renewed my malaysian passport at malaysian high consulate in canberra. does it mean that i will never be able to "play the trick" because they have my information in their system now?
16 Mar, 2011 20:55:16

New MessageRE:Dual nationality (modified 0 times) Miri Boy
ElmOkiss Malaysia does not allow Duel Nationally. You say you have renewed your “MY” passport. Does your old passport show that you have right of entry into this “OZ” place??. Can it be transferred to you new “MY” passport??

When applying for your citizenship be open with your situation, and ask them if they do inform the Malaysian High Com there of your application. In UK, when applying for a Brit Passport the Brit Government used to send the Malaysian passport back to Malaysia, but as far as I know, they do not do this anymore.

DO NOT travel to Malaysia with two Passports. Leave your foreign passport behind. If for any reason, you are searched by an immigration officer or police in Malaysia, and they find you have a document indicating you are a citizen of another country, they will clip the corner of your Malaysia Passport and you will loose your Malaysia Citizenship. If you are not fussed about loosing your Malaysian status, then take a chance, and live with any consequences.

17 Mar, 2011 18:51:53

New MessageRE:Dual nationality (modified 0 times) elm0kiss
yeah, i think i will ask the question when it comes.
19 Mar, 2011 12:13:20

New MessageRE:Dual nationality (modified 0 times) S123
I have a question. With now holding a ROA-less Malaysian passport and British passport, working in Malaysia with the Msian identity, what is the consequences if I get caught, somehow? And if let's say I hold some professional membership like Chartered Financial Analyst (CFA), is this immigration dual nationality issue a problem to professional licence, in terms of ethics and violations?

What is the penalty? Jail? Fine?

Many thanks!!


31 Jul, 2011 15:53:04

New MessageRE:Dual nationality (modified 0 times) Orang Ulu
S123, you should carefully read what Miri Boy has written. Does your malaysian passport have a stamp beginning "Given leave to entre for etc etc etc"? If so you can maintain your UK status provided you return within a two year period. Malaysia does allow professional qualifications and I know many who are Lawyers both in UK and Malaysia.
Provided you renew your malaysian passport you can travel in and out of the UK if you carry your old passport with the "Given leave to entre...." endorsement to show the border control officer. Do beware of carrying another passport into Malaysia showing you have another nationality. Modern electronics can detect and read what is in your luggage!
If the Malaysian authorities find a foreign passport on you you will loose your Malaysian Citizenship. I have a few Malaysian friends who still work in the UK and some who are back in Malaysia, but have to come back every two years to maintain their UK status.
31 Jul, 2011 23:00:40

New MessageRE:Dual nationality (modified 0 times) S123
Orang Ulu, my situation is a bit complicated. I used to have ROA on my msian passport but lost that passport and they refused to give me a new passport at the msian embassy in UK. So I had no choice but to pick up a british passport. Years later, I am back to msia for good and successfully reapplied the msian passport. Unintentionally holding two passports. As i understand it, the lost expired msian identity might have overstayed in the UK, although I already have the UK status. I do not know if I should clear that, and how to clear that. Now permanently in msia, do i still have to go back to UK every two years to maintain the uk status?
09 Aug, 2011 14:59:34

New MessageRE:Dual nationality (modified times) Orang Ulu
Gee S123, Your situation is complicated!!!! To have got a new passport you would have had to produce a lost police report etc etc. I am unsure how you resolve your situation.

Your UK Passport is valid for 10 years. You do not have to prove you are Brit Cit unless your facial features substancially change. If then you have to submit proof etc etc, when renewing your brit passport. So for the present and up to the validity of your Brit Passport you can go in and out of the UK without any problem.

From what I can gather, you have come back to Malaysia on a Brit Passport and therefore the records show that you have overstayed your "Welcome", in Malaysia as a Brit Cit. Subsequently, you applied for a Mal Passport here in Malaysia, so I presume you have an IC etc etc.
The problem you have is the immigration passport stamps you should have on your malaysian passport including the "Given leave to entre" stamp, for the Malaysia Immigration authorities to show you have UK abode.
If you value your Brit Cit, then I would go to the UK with your two Passports, enter with your Malaysia Passport, and then go to the home Office in Croydon and explain your situation, and ask if you can have the "given leave to remain etc etc" put on your passport, or if not, the possibility to apply for another ROA (Very expensive now). The ROA office in Liverpool do keep all the application records.
Realise you have a time limit stay on your Mal Passport. You could also shwo the Immigration your two passports. You would then loose your immigration stamp on your Mal Passport showing your travel movement, unless he takes pity on you and puts the "Given leave to enter ot remain etc etc" on your passport. Your problem then goes away, unless you are careless and loose your passport again.

The above are the

11 Aug, 2011 03:06:42

Post a New Message | Reply this Thread | Printer | Forward
All times are MYT

Copyright © 1999-2015 All rights reserved

Privacy Policy | Terms Of Use | Contact | About Us | Advertising Opportunities
Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2015 All rights reserved