Malaysia Expat Forum - Malaysia Expatriates by Allo' Expat Malaysia
 

Baby born in UK - How to get Malaysia passport?

Malaysian Immigration related issues and discussion. Information about work permits, employment pass, training pass, spouse program, etc.

Moderators: Skyking2, Shardy, Rogier, Zarrar, Immigration Consultant



Baby born in UK - How to get Malaysia passport?

  • Bookmark and Share

Postby kopishop » Thu Apr 20, 2006 7:42 am

I'm having a baby soon in UK. I'm Malaysian and my husband is from China.

After calling the Malaysian Embassy in the UK, they were telling me that I could not register my baby for a Malaysian passport and that they don't recognise dual nationality.Plus, they say that because my husband is not Malaysian, the baby could not also take up Malaysian passport...

I'm confused cause I'm quite sure that I've heard and read somewhere that the child has the right up to 18 years to decide which nationality he or she would like to take. I've never heard of situation that the father of the child has to be Malaysian...so, does that mean the Malaysian government don't protect the rights of overseas Malaysian moms?

Can someone provide some advice on this? I need to take my baby home and see their grandparents and probably stay for the next 2 years in Malaysia before going back to UK for work....
kopishop
 
Posts: 7
Joined: Thu Apr 20, 2006 7:35 am
Gender: None specified

Re: Baby born in UK - How to get Malaysia passport?

Postby titiwangsa » Thu Apr 20, 2006 8:42 am

The Embassy staff is correct. Only Malaysian fathers are allowed to register their offspring born outside Malaysia as Malaysians. Only choice for you if you want your baby to be able to carry Malaysian passport is to go back and give birth in Malaysia.
kopishop wrote:I'm having a baby soon in UK. I'm Malaysian and my husband is from China.

After calling the Malaysian Embassy in the UK, they were telling me that I could not register my baby for a Malaysian passport and that they don't recognise dual nationality.Plus, they say that because my husband is not Malaysian, the baby could not also take up Malaysian passport...

I'm confused cause I'm quite sure that I've heard and read somewhere that the child has the right up to 18 years to decide which nationality he or she would like to take. I've never heard of situation that the father of the child has to be Malaysian...so, does that mean the Malaysian government don't protect the rights of overseas Malaysian moms?

Can someone provide some advice on this? I need to take my baby home and see their grandparents and probably stay for the next 2 years in Malaysia before going back to UK for work....
titiwangsa
 
Posts: 85
Joined: Sun Nov 07, 2004 8:59 am
Gender: None specified

Sponsored Links

Postby rockchick » Thu Apr 20, 2006 4:38 pm

Hi, congratulations!

That's right! You do all the hard work, labour and delivery but your Malaysian citizenship means nothing......

If you give birth outside M'sia, your baby cannot obtain Malaysian citizenship. You have to fly to Malaysia to give birth. I had to fly back at 31 wks pregnant with my 1st child on the 14 hour flight. For our 2nd child, I flew at 33wks pregnant with my 16-month old toddler in tow. Husband joined us in KL later, closer to the birth. Get this : you have to fly with MAS, just in case you give birth mid-air, on a Malaysian aircraft - automatic citisenship. If I'm not mistaken, your baby willalso get a lifetime of free flights! Nothing for mummy though. I wrote to MAS pre-flight, explaining to them I may need some assistance etc and they were just brilliant! The cabin crew went above and beyond to ensure we were comfortable throughout the journey. They gave the 2 of us a whole row of seats considering how very pregnant I was and the fact that I was travelling without husband, with my toddler. Or if you like, book a business class. When we arrived a the KLIA, they assisted me all the way to arrivals hall, collected and handled all our luggage.

If you wish to avoid any complications in the future, or frustrations, stress, problems just fly back and give birth there You said you want to spend a long time after the birth in Malaysia anyway. I found it so much easier to travel prgenant than to travel with a baby. Is your husband a British citizen or a china citizen?

Should you deicde to fly to M'sia, you need your GP's letter confirming you are fit to travel, to show to MAS officers at the check-in counter. cut off point is 35 weeks pregnant. You need to walk around a lot during the flight to keep your circulation going, drink lots of water to maintain amniotic fluid.

If you decide to give birth in the uk, then your child will be given a tourist visa when you go back to visit, but to stay for 2 years? I think you may have to drive up and down Singapore or Thailang to keep renewing your half-Malaysian baby's tourist visa. Imagine that, your baby...a foreigner in Malaysia, all just because you are a woman. I can't believe we still have very stone-aged laws.

Good luck!
User avatar
rockchick
 
Posts: 105
Joined: Tue Apr 19, 2005 1:07 am
Location: London
Gender: None specified

Baby born in UK - How to Get Malaysian Passport

Postby kopishop » Fri Apr 21, 2006 4:52 am

Thanks titiwangsa and rockchick for the advice.

I cannot believe that I would have to fly all the way back to Malaysia to get Malaysian passport for my baby.

Anyway, my husband is China citizenship, but has already a PR status. Is it possible then to say, give birth in Malaysia and then obtain Malaysian passport, and also apply for UK PR status for the baby (being dependent of the husband)? Anyone knows if this can be done?

It's the grandparents that would like to spend some time with the baby. So, little baby is going to stay in Malaysia for 1 - 2 years, while me, after my maternity leave is over, would have to return to work in UK... :(

Our plan at the moment, is to work and earn as much as we can in UK and then, go back to Asia and live a comfortable life (with the Fx rates at the moment, probably another 3 - 5 years would do).

Seriously, I still cannot believe the stone age rules Malaysian government has.....why only the fathers can apply for the citizenships for their child??? :?
kopishop
 
Posts: 7
Joined: Thu Apr 20, 2006 7:35 am
Gender: None specified

Postby rockchick » Fri Apr 21, 2006 11:53 am

Hi, you're going to leave your baby behind?? Can't your parents stay with you in UK for a while? Are you going for the 6 months maternity or 1 years? I'm still on my 1 years maternity leave!

What we did was pretty straightforward - -give birth in Malaysia, collect the Birth certificate. With the birth cert, apply for Malaysian passport. You have to sign the forms so it's best to wait until you fully recover from the birth. We were allowed to jump que as we had a newborn with us + I was breastfeeding etc, then collect passport 3 days later. Passport photo of your baby with his/her eyes closed is okay. With this passport, we submitted application for Rights of abode (based on husband's birth certificate) at the UK embassy. For this entitlement they want to see one parent's British Birth certificate.

I do not know if a PR holder can confer any form of Visa for their child born outside of UK but I believe they have some (maybe limited) permits for 'dependents' of Pr holders. You can look at the Home office website. Before your baby arrives you have to do tonnes of research. We did ours until we were satisfied that we had no other choice but to have the baby in Malaysia in order for our children to retain interests and rights in both countries. The best thing about the Rights of Abode is, it's granted for life. So he/she do not have to forgo 1 nationality when he/she reaches 18, unlike those who have an American fathers/mother, for example.

About flying home to give birth, try no to dwell on it so much. It;s easier to fly there pregnant, then deliver there, rest there, + surrounded by family members, there is no need to travel long haul with a baby- not easy. I travelled back to UK with a 6 week old and that was tough, esp. without husband as he flew back earlier on.

As for the stone age rules this law was made and passed by (mostly) male. Surprise surprise. It was based on the old-age assumption that all women must follow their husbands. They did not realise the implications of this rule- you see pregnant flying acorss the globe because of this! Actually you're quite lucky you may do a 14-hour flight which is still quite bearable. A friend of mine did a total of 26 hours flight when she was 8 months pregnant, US- KL. Anyway....... And what they don't realise, is that more and more women nowadays are far more educated, skilled and independent than the older generation. I know many Malaysian women married to non-Malaysian men living in London, working as doctors, dentists, engineers, bankers, accountants and lawyers. Most have their children in UK because they're just fed up with our discriminatory laws against women. Well, it's Malaysia's loss isn't it. Our qualified/skilled profesisonals living abroad and channelling their skills there. Some of my friends were unlucky enough to be unfit to travel home - pregnancy complications, high risk conditions like high blood pressure, chances of pre-eclampsia, gestational diabetes so they had to give birth in UK and now their children will never be Malaysians.

Sure, people always question us why do we still want to have Malaysian citizenship for our children if we chose to live and work abroad? It should not even be about why we want it. It is our very right, that Malaysian women should be given the same rights as Malaysian men to confer their citizenship on ttheir child! When are we going to start using the word 'person' instead of 'Man' or 'woman'? Or 'spouse' instead of husband or 'wife'?

I wrote to the Women's Minstry department a dozen times before but no one cares.
User avatar
rockchick
 
Posts: 105
Joined: Tue Apr 19, 2005 1:07 am
Location: London
Gender: None specified

Postby Chum » Fri Apr 21, 2006 2:44 pm

rockchick wrote:
Sure, people always question us why do we still want to have Malaysian citizenship for our children if we chose to live and work abroad? It should not even be about why we want it. It is our very right, that Malaysian women should be given the same rights as Malaysian men to confer their citizenship on ttheir child! When are we going to start using the word 'person' instead of 'Man' or 'woman'? Or 'spouse' instead of husband or 'wife'?



Agree, and thanks for providing so much information. I was very interested to read this thread since my wife is Malaysian and we will surely want to live here again with our children for extended periods. Thank god we are in KL now and it is time to start planning a family (so it shouldn't be an issue), but the law is so backward. They'll have to change that if they want to achieve developed nation status by 2020 :shock:
Chum
 
Posts: 364
Joined: Sun Oct 09, 2005 2:56 pm
Gender: None specified

Postby geordie » Fri Apr 21, 2006 8:36 pm

Stoneage, yes, I couldn't agree more.

But let's not forget that before the introduction of the British Nationality Act 1981, a person could not claim British nationality from his or her mother ..... Time will change the legislation in MY but the question is when.

As for flying back to MY when you're 30 weeks preggers or more, the check-in desk will also make you sign an indemnity form that more or less absolves the airline from liability should any complication occur in mid-air.
User avatar
geordie
Moderator Malaysia
 
Posts: 482
Joined: Mon Sep 05, 2005 9:55 pm
Location: Bukit Tunku
Gender: None specified

Postby rockchick » Fri Apr 21, 2006 10:07 pm

Haha once, I rang the Malaysian embassy in Belgrave square for advise, and one miserable cow said to me, "who told you to marry a foreigner? You have to follow your husband!". :twisted: I was like WTF?

Back then I realised that I was in a worse off position than foreign/immigrant women who have their babies in Malaysia. Their children are entitled to Malaysian citizenship. Hoorah! Foreign women married to Malaysian men living abroad can give birth anywhere they very well please, and get this : have up to a year before they feel like strolling into any Malaysian embassy to collect the automatic Malaysia citizenship cert for their baby. Hoorah! Oh oh oh and with this cert they can then apply for Malaysian passport for the baby. Oh oh oh of course by that time the non Malaysian wife would have recovered from the birth and wouldnt; have had to spend thousands of $$$$$ flying acorss the globe, on hospitals on Visa fees.

I had to walk to the immigration office 6 days post-delivery because my husband had to travel back to UK very soon after the birth. 6 days! I was drained and very sore. Bbay was way too fragile but we had no choice as we needed the rights of abode so I could travel back to uk 6 wks later. We travelled to the immigration, to the British embassy Jln Ampang and all this walking around caused my stitches down you kjnow where to rupture, swell up and got infected. You see, the male lawmakers don't realise it's bad enough to spend 9 month carrying a sack of rice, to fly longhaul in your most fragile state, to go through 33 hours of painful labour and then to have the stitches and wound broken because of all the running around for stupid paperwork to be done. Why should I, 100% Malaysian be treated worse than foreign wives of Malaysian men?

Ahh... yes I'm still so p*ssed off about this whole thing. It's about time you appreciate us women, enough to let us confer our citizenship on our babies.

Chum, I hope your wife doesn't have to go through what I went through. I went into post natal depression soon after. You don't need all these immigration stress....
Cest la vie huh!
User avatar
rockchick
 
Posts: 105
Joined: Tue Apr 19, 2005 1:07 am
Location: London
Gender: None specified

Postby CCC » Fri Apr 21, 2006 11:41 pm

I'm so sorry Rockchick you had to go through all that crap just to get a Malaysian citizenship for your children. And the worst one-having your wounds ruptured and infected. I would still be angry too. I agree the laws need to be changed. I am one of those foreign women who has given birth to 3 kids in Malaysia and the children given automatic Malaysian citizenship. But believe you me, foreign wives of Malaysian men have to deal with a whole other sh1t within this immigration system. I won't bore you with my list(I have enough to write a book) of complaints. It's frustrating as hell. NO wonder, some couples just give up.

CCC
User avatar
CCC
 
Posts: 516
Joined: Wed Oct 05, 2005 3:32 pm
Gender: None specified

Feel like I'm going to give up!!

Postby kopishop » Sat Apr 22, 2006 6:47 am

Hi everyone!! Thanks a bunch for the notes...

To rockchick,seriously, I think I might had the same miserable cow that was so OUT OF HER WAY when I called the Malaysian Embassy in London....she said, and I quote: that is the consequences you have to take on for marrying foreigners.... Is that discriminative or what????!!!??? Plus, who is the F*ck is she to tell me whom I should married or not?? The more depressing thing is, it's like even the woman working there aren't sympathetic or even care about other fellow Malaysian women...

:?

And she gave me the number of the Malaysia immigration dept in London to call (i.e. passing the buck), and I think that all there is to that number is probably just an answering machine. Do we have like a bunch of slackers working in the Malaysian Embassy and whatever representative department in London?

It's no wonder that this bloody stupid rule is stuck in system for that long a time...

PS: I'm so sorry on hearing that you went into post natal depression because of all this unnecessary hassle. Hope that you've fully recovered by now. My sister had depression too after giving birth to her 3rd child, and she hasn't been back to her old self yet....

I'm still intending to take up some professional qualifications in London, and really want to make something out of my career here before going back....plus, I'm not too confident about leaving little baby here in the UK...all the pedo cases and clumsy nursery cases had casts serious doubts about child care in the UK. Although I would miss baby a lot, the best thing for the little thing is to have the grandparents take care of him.


With this much hassle, I probably have to just fly accross the ocean to give birth mid-air!!! :roll: Seriously, I'm starting to wonder if all this is worth it or not? We are still reserching into the possibility of applying for the right to abode for the baby in Malaysia and/or any other options based on the father's PR status in UK -- the homeoffice website is not exactly the most exciting reading when you're 22 weeks pregnant...I'll need to make a decision soon and fast!
kopishop
 
Posts: 7
Joined: Thu Apr 20, 2006 7:35 am
Gender: None specified

Next



cron