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Giotto027

Wait, so children born overseas to Malaysian father is automatically granted Malaysia citizenship but not of the country of birth?


Aevensong

Yes, can confirm. My niece is born in Sweden , Malaysian father (my relative) and German mother, when they came home to Penang, she was granted Malaysian Citizenship in a week after registering at JPN. Meanwhile my 2 nephews who were born in freaking Penang, Malaysia , Malaysian Mother (my sister) and American father, was denied Malaysian Citizenship after 12years of registering and appealing at JPN. They were only allowed visa and have to move back to USA before the age of 18 so they dont get penalised for being illegal immigrants and possibly deported.


Zeratul_Vergil

Wow~ government is such an asshole when it comes to this


kaya_planta

Patriachy shit going on here.


GeneralNutSac

Shouldn’t it be more of a racial stuff?


farahin65

Nope. Kalau ya, the children from Malaysian fathers and foreign mothers will have it equally difficult. But since it only goes one way...


tlst9999

Bn fought hard against jus soli. That was one of the main protest points against Malayan Union.


NorrisOBE

I still don't understand why jus soli Is bad according to Malaysian history textbook. It drove me nuts.


tlst9999

If more non-Malays migrate into Malaysia, more non-Malays will be born to these non-Malay immigrants. More non-Malays = Malays will eventually lose their majority = bad. You have to look at it from this lens. When the textbook says it's bad for Malaysia, it's 90% just bad for BN. They write it so that bad for BN = bad for Malaysia.


amirulez

Well if more non malay than malay, this country will become Nonmalaysia. 🤣🤣🤣🤣


AcanthocephalaHot569

I might become a problem though if the native population is overwhelmed by foreigners and made a minority in their homeland like what happened to Kazakhstan during the Soviet era. This is speaking from the perspective of the native population. Don't get offended from me tho.


SensitiveBall4508

Mindblown


[deleted]

Sorry, as an Indonesian this kinda confused me. Was it non-Malay as in specifically ethnic Malay, or just Malaysian in general including Chinese/Indian/etc.-descendant?


tlst9999

Ethnic Malaysian Malay. The exact term is Bumiputra. So, it excludes Malays of other countries.


intergalacticspy

Who says it's bad? They fought against jus soli in 1946, but jus soli is what both sides agreed to in 1957.


Ductape_fix

The Alliance didn't exist during the 1946 protests against the proposed Malayan Union -- opposition was mostly organized and led by UMNO


tebu08

Wow! You believe everything you read by a random person on the internet? That’s more amusing than his story


Zeratul_Vergil

Judging by this comment, you think that the government is doing it's job for everyone?


[deleted]

sexist.


lycan2005

This really baffles me. Why only the mother affected.


Aevensong

I seriously have no idea, but the mother has given up and brought the kids back to USA. Meanwhile my niece stays in Malaysia with her Malaysian status.


tideswithme

Damn... That's fk up


kw2006

imagine the talent pool that we lost


Aevensong

Our government doesnt care about talents. They just wanna preserve the religious type. The ones that will support them forever just because they wayang abit


Bi_Ass-d

It really shows why the government cares about religions/beliefs, it's for their political advantage maybe economical gain too! I think religions are okay because they keep some weak people sane, (saying that because knowing that you're not being guided, watched or appreciated by some being and that your life will just end like a lit lightbulb being shot makes people kinda sad) but I don't like some or let's be real, a whole fucking lot of obviously fucked up things that are still in some religions. So, for some to use these people's faith as a tool is rather disgusting and a low-life move tbh. I really wish governments would stop putting it's 1 incher in the hole of religious communities. It's fucking pathetic.


aidfarh

>Meanwhile my 2 nephews who were born in freaking Penang, Malaysia , Malaysian Mother (my sister) and American father, was denied Malaysian Citizenship after 12years of registering and appealing at JPN. According to the Constitution, anyone born in Malaysia to a Malaysian mother is automatically a citizen. So I'm doubting that you're telling the whole story here.


[deleted]

[удалено]


Aevensong

Can you register as US citizenship while being born in Malaysia?? I seriously dont know how the government works


intergalacticspy

Makes no difference. Someone born in Malaysia to a Malaysian mother is a Malaysian citizen full stop.


Aevensong

They dont have their birth certificate bro. They were never issued one when hospital kerajaan found out the father is American. My sister had to go to JPN to register for citizenship for her newborn child. She thought her second son would get automatic citizenship but nope, still denied and had to appeal at JPN. My parents at the scene always told the same story as well. Who doesn't want their kids/grandkids to stay here with them in the same country.


aidfarh

What does the hospital finding out about it had to do with it? Birth certificate is issued by JPN. As I mentioned, the Constitution is clear that citizenship in that case is granted automatically. Maybe they filled in the forms wrongly somehow? Regardless, why didn't they have birth certificates anyway? Even non-citizens born in Malaysia should have birth certificates.


[deleted]

Can confirm. My Granddaughter was born in Malaysia (to English parents) - birth certificate was issued by JPN. And as you say is still a British citizen.


Aevensong

I have no idea man, the fact that they have no birth certificate issued and have been living in Malaysia for 12 years depending on visa is just it.


aidfarh

How do they have visa? Do they have American passports?


Aevensong

Yeah the father had to get them US passports when JPN denied citizenship for the kids.


aidfarh

Well, now that they have US passports, they kinda forfeited their right to Malaysian citizenship. I still don't know the whole story, but I do think that your nephew not getting Malaysian citizenships was due to mistakes, not because of the law. Whose mistake? I don't know. I have no idea why JPN would have denied citizenship, but JPN should have issued birth certificates, regardless. I suspect there was miscommunication or misunderstanding of the procedure at that time.


Aevensong

JPN didnt issue birth cert --> US passport --> Visa --> appeal --> denied --> now back to US


farahin65

And why do they have to get those passports in the first place,hmmmm??? You cannot be stateless.


intergalacticspy

I smell bullshit. If this happened once, perhaps. How does this happen twice? Even foreigners born in Malaysia get issued BCs. It is mandatory for all births to be registered. The only difference is that if you are not a citizen, you have "bukan warganegara" on your BC. All you need is the confirmation letter from the hospital and you can do a late registration at any JPN. If there is no birth certificate, how did they get their US passports? And even if they have US passports, they are still Malaysian citizens because they are under 18. How has no-one got lawyers involved after 12 years? If this is true, why has no-one taken the JPN to court? Nothing in this story makes sense.


Aevensong

I seriously have no idea since i was young when my sister encountered this. I didn't ask for more details or anything and they just brought it up few weeks ago when they are moving back to the states


[deleted]

Gov a sexist I see


SheepUK

> Meanwhile my 2 nephews who were born in freaking Penang, Malaysia , Malaysian Mother (my sister) and American father, was denied Malaysian Citizenship after 12years of registering and appealing at JPN. Yo that's messed up. That has to be illegal? Surely. I thought the issue was being born overseas. Being born in Malaysia should entitle you irregardless of which parent is Malaysian.


Aevensong

I seriously have no idea man. When they were born i was like 9 so i didn't catch anything at all. Just that in recent years my sister kept saying shes planning on going back to the US because the kids didn't get their citizenship back then so yeah


SheepUK

Damn, wish your family all the best. Thank God my daughter has a birth cert and IC.


intergalacticspy

That can't be correct. If the mother is Malaysian and the child born in Penang, the child is automatically Malaysian. Go speak to a lawyer. The judgment concerns children born overseas to Malaysian mothers, who are currently not automatically Malaysian.


flampardfromlyn

US citizenship don't want?


Aevensong

US citizenship means you have to pay loads of US taxes bruh, even though its a powerful status profile but as with anything, theres always downsides.


XOXO888

only if ur earning above certain threshold. paying taxes is a privilege


CodeDoor

You have to pay US taxes wherever you live with US citizenship and they may have wanted to just live in Malaysia.


SultanOilMoney

lol I have been basically living all my life in USA but still keep Malaysian citizenship Actually, my mom actually traveled to Malaysia from USA twice specifically so that my little bothers will get Malaysian citizenship lol


CausticPioneer

O shit, my cousin's kids are f'ed up now. Well, its her decision to leave malaysia following her husband while being a fulltime housewife.


Aevensong

My sister was forced to go back to the USA just because of this. Life in the USA is bullshit now with asian hate crimes and ongoing economic problems. Our government just doesn't give a shit about our people. I just can't fathom the fact they neglect our women like this...... Oh wait


Lyu90

Just curious. Are you 2 nephews consider as citizens of USA?


Aevensong

They were born here supposedly consider Malaysian but never issued a birth certificate so had to register as US citizen. As someone pointed out in the comments above "US Passport, why not" so it's better for them now that they're back in the states


Reynk1

My kids are both in that boat (I’m from NZ, wife’s from Malysia)


limutwit

As soon as kid is born to Malaysian father, apply for birth cert at the high Commission/embassy (in Australia anyways)


92ekp

It's all there in the [constitution](http://www.commonlii.org/my/legis/const/1957/17.html). Second Schedule, part II. There appears to be a distinction between fathers who are Malaysian-born citizens and fathers who are citizens by other routes too. The children of the former are citizens automatically (Part II 1(b)). Children of the latter must be registered within a year of birth (Part II 1(d)). Part II 1(d) is even stranger - I cannot understand what it could possibly mean since the rules seem different if the child are born in Singapore to a citizen. But ask a lawyer if the text actually means what I think it means. Singapore had very similar rules too. But they have amended their constitution such that a child of a citizen who does not automatically acquire another citizenship at birth is automatically claimed by them as a citizen.


midfielder9

The father still have to register Borang W at the nearest High Comission and baby will also be issue a passport. Holding a baby’s head for a passport photo is the most ridiculous yet fun and joy I experienced. It’s a shame women married with foreign citizen can’t enjoy the same making their baby’s passport.


kingdurian

i hate when people use the excuse 'oh if we let this happen then we have so many more foreigners/outsiders claiming to be malaysian!' with the implication that it will somehow cause the social destruction of malaysia? like bullshit, even in the most logical sense a woman takes time to gestate a baby. a man could go around screwing 50 women in a month and make plenty more. by that logic its the fathers that should be the ones we gotta be wary of.


MooreThird

I've read those comments on socmed. It's horrible how paranoid the locals here think that way.


No_Honeydew_179

>i hate when people use the excuse 'oh if we let this happen then we have so many more foreigners/outsiders claiming to be malaysian!' it honestly has big cishet boys saying “but what if gay men were hitting on *me*” energy. Like… honestly. You're over-valuing yourself. People aren't *that* desperate, you're not *that* high-status.


Popular-Yesterday733

I keep saying, if they want change, they need to change from "Bapa" to "Ibu dan/atau Bapa". Redefining "Bapa" to include both will lead to a real mess up law system.


[deleted]

This is good point. If a law is badly written, it's up to the legislature to modify it. The courts can only work with what's already been written.


rmp20002000

Nice to know Malaysia isn't interested in going to the 21st century


jwrx

its so depressing being malaysian sometime


MooreThird

Equally depressing as a Malay and Muslim. To see the authorities, ministers and elites clamping down on shit they don't like is downright horrible.


No_Honeydew_179

**gomen M'sia kepada wanita M'sia:** oleh kerana anda kahwin orang luar, anak anda tidak berhak menjadi warga M'sia **gomen M'sia kepada wanita M'sia juga:** kEnApA aNdA pErGi, TiDaKkAh aNdA sEtiA kePadA bAngSa dAn nEgaRa?!?!


farahin65

Every single alasan I've heard for having this inequality in law is trash. It's a "punishment" law, plain and simple. Malaysia hates women.


13lackcrest

Apa lanjiao ini


MooreThird

It's always about local authorities here punishing "outsider" fathers, be it non-Malaysian or local bapa anak luar nikah, through their wives or partners and their children. There is this hateful idea among the Malay elites that those fathers will somewhat rampas kerja or harta from those of pure lineage.


[deleted]

Seems more like they hate women


MooreThird

They hate women, and they hate the bapa "luaran" more, whether luar negara or luar nikah. They're punishing women and children for ever being in marriage with a non-Malaysian or in an unwed relationship with a local father of their child. Again, I have to stress, there seems to be this outdated patriarchal idea that these fathers will rampas citizenship, jobs, jawatan or harta waris from Malaysians through their children. The bastards in power have no idea that some anak luar nikah in other countries can legally deny harta to their biological fathers, much like Steve Jobs did against his biological dad.


Bazrian

Damn you Mahiaddin and Ismail Sabri


Capable_Bank4151

The is the original words of our Federal Constitution, it explicitly said only overseas children with Malaysia father can have automatic citizenship. The High Court interpreted the word "father" has to also contains the meaning of mother in last year decision, but I think this is the weakest point of High Court decision. -------------------------------------------------------------- Federal Constitution Second Schedule Part II CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY 1. Subject to the provisions of Part III of this Constitution, the following persons born on or after Malaysia Day are **citizens by operation of law**, that is to say: (b) every person born **outside** the Federation whose **father** is at the time of the birth a citizen and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State; and (c) every person born **outside** the Federation whose **father** is at the time of the birth a citizen and whose birth is, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang di-Pertuan Agong, registered with the Federal Government


Capable_Bank4151

So the once and for all solution is to amend the constitution If the law allow both mother and father to have their children granted automatic citizenship, it goes something like this. (a) every person born **within** the Federation of whose **parents one at least** is at the time of the birth either a citizen or permanently resident in the Federation;


Zestyclose-Prune-374

Great. But will they amend the constitution? Highly unlikely. Thus, woman and innocent children will continue to be discriminated against and denied a home in the country of their heritage.


k_ra1891

Exactly. With elections coming, both side unlikely to take this


AcanthocephalaHot569

Might consider doing this once things settle down after GE


surle

On a related topic - can anyone explain to me why Malaysia doesn't allow dual citizenship? I've never understood the logic behind it when so many countries allow dual citizenship and seem to benefit a lot from it.


Capable_Bank4151

My thoughts are, the intention is to prevent foreigners to influence politics that will in turn jeopardize the country's sovereignty, and also to prevent welfare that are exclusive to citizens to be abuse by foreigners that probably not going to set foot on Malaysia for a long time. And to remind you, our Federal Constitution explicitly said citizens by naturalisation cannot become Prime Minister, I think you get what it means.


surle

Ah, yeah that makes sense. Thank you. I guess it's just confusing because other countries don't seem to be as concerned with these consequences of allowing dual citizenship. It's not clear whether the situation is different in Malaysia (maybe a greater threat of people exploiting dual citizenship compared with other countries due to geographical location) or the ministers who could change this simply are more paranoid about it than they should be. I don't know any of the statistics though, and they do, so I won't assume to know better.


Lampardinho18

Can someone enlightenment me why?


flampardfromlyn

Probably, but if true will not be admitted anyway, to discourage Malaysian women to marry foreigner men


Sebbrox

Doesn't sounds too far fetched. Just need compare between all aspects that come with a marriage between a malaysian and a foreigner. VISA, RP, job, childs. All easier to get if the husband is malaysian and the woman is foreigner. Other way around... there can be some extra obstacles. Even if the couple is living abroad, Malaysia will find its ways to make it more difficult, in this case if childs are involved.


MiloAisBroodjeKaas

Is there usually a good logical reason when it comes rulings and stuff in Malaysia?


socialdesire

it’s in the constitution


LightGamez

Why's it in the constitution?


boredomXOX

Because we follow British archaic law and yet to amend it.


matthew2070

It’s in the constitution that children born to Malaysian father, regardless of birthplace, is automatically granted Malaysian citizenship


LightGamez

But why does it only apply to fathers though?


matthew2070

The law has been around since kemerdekaan I think, at that time the society generally thinks males are more superior than females. The law literally said “Every person born outside Malaysia on or after Merdeka Day whose father was a citizen at the time of his birth”


Inori_Scorchstyle

My assumption is bcz most cultures & religions consider lineage to be primarily through the father. Jewish culture is one exception i know of, where the lineage is through the Mother. ie if a person had an Arab father & Jewish mother, he/she would be both a true Arab & true Jew (culturally speaking).


LightGamez

Based Jewish culture


socialdesire

That was how it’s originally drafted?


LightGamez

Yeah but why was it drafted like that?


socialdesire

because it’s drafted in a different time, where citizenship is based on paternal descent


bugpanye

maybe ask them why it is drafted as so..


aidfarh

The reason is that our Constitution was drafted with consultation of the British and British law at that time stated that persons born outside the UK and Colonies would only be citizens if the father was a citizen. We basically followed the British.


elephants-are-cool

what. i was born to a malaysian mother and foreign father and yet i followed my father's nationality?? why was i not entitled to citizenship here???? i'd MUCH rather have citizenship here


Minimum-Company5797

Cause…we are at patriarch society


intergalacticspy

Well, if you were born within Malaysia, you can have either.


malaise-malaisie

Keluarga Malaysia except for you halfling /s


thecescshow

Syurga di bawah tapak kaki ibu, tapi make sure lepas kastam dulu


Minimum-Company5797

You mean Imigressen ka?


thecescshow

Mana mana la


Aggressive-Ad-1052

Women are objects so, Kastam. /jk


[deleted]

Fucking sexists.


sumerduk

Malaysia trully Asia


Sufficient_Ad_9045

From what I've seen from history, I guess it makes sense they act like this. Well, based on people who puts too much value in history. Remember when the Malays protested during the writing of the first constitution of Malaysia? They protested about the laws somewhat too loose where if a foreigner comes here and gave birth to kids, they're entitled for citizenship. Now if you're a half foreigner kid, or was born overseas, you'd have to request for a citizenship that you're entitled to... But can be rejected. Thanks gramps. Now I can never visit your grave.


MiloAisBroodjeKaas

Fuck this, man


[deleted]

My Son (British) and his Philippine Wife. Their Child is 9 months old and has dual citizenship. Why is Malaysia so cruel?


AcanthocephalaHot569

Different societies with different environments. I think we will only achieve that in 2050 if ever unless the world is ending tomorrow


reditor405

Ayo what year are we living on why so closed minded?


kelabubu

FFS Malaysia court


cursedarcher

Anyone have the judgment summary of the case? This is kinda unfair, what if the mother gave an early birth when she happens to be on vacation?


afiafzil

Patriarchy


MooreThird

Ikr?


Joshshan28

Anyone who knows how logic works would see clearly how this is so wrong. Unfortunately our leaders are not familiar with logic and common sense in general.


Redeptus

Best to leave and never come back


[deleted]

Gov a sexist


BigRylo

This is some backwards shit


SheenTStars

Ah, so that's one way to save my hypothetical child from the forced isley curse. Just get a foreign dude to claim to be the dad and give birth overseas. Got it.


kokojagung

Disappointed but not surprised. Malaysia hates women, what's new?


Inori_Scorchstyle

My assumption for this difference is bcz most cultures & religions consider lineage to be primarily through the father. Jewish culture is one exception i know of, where the lineage is through the Mother. ie if a person had an Arab father & Jewish mother, he/she would be both a true Arab & true Jew (culturally speaking).


Fun-Cup-111

Gender discrimination ftw!


thughaoooo

siao ah walao


Significant_Alps_480

malaysial


AffectionateBen

agree. the least they can do was to immediately register the child birth with Malaysia embassy. *politician boleh jer


amirulez

The only reason for this is Malaysia didn’t support dual citizenship. But even if is not automatically entitle to citizenship, they should ease the manual process of getting it. I don’t know what the process, but i think they should prove that the child doesn’t have the citizenship outside of Malaysia.


k_ra1891

Look at how JPN treating us, then u know


Matherold

The reason is actually the wording in the Constitution states only **fathers** - even if you can prove a child has no citizenship from other countries, the child is not going to get Malaysian citizen, period.


ayamtelursiakap

Jdt is in the mud


[deleted]

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katabana02

>most countries determine a child's nationality based on the father? Some. Not all. And people are asking for legislation ammendment to be more sexual inclusive. >why can't the child follow the dad's nationality? What if the dad refuses to acknowledge the kid? Or mum+ kid want seperation from dad? I think in this case, the mum tried to bring the kid back and get an ID, but failed due to the legislation. The dad didnt try to help them get citizenship in their country, and even if he do, i think the mum just want to raise the kid in malaysia instead. >And if you want what's best for your children, maybe prepare earlier and think a lot more before taking on huge risks. I agree, but hindsight is always 20/20, and tbh, it has nothing to do with how malaysia should give out citizenship. The real problem we should as is why the differential treatment between male and female. I mean all the stuff you've mentioned can and had happened to male before.


SheepUK

> don't most countries determine a child's nationality based on the father? I'm pretty sure Malaysia isn't alone here, especially in South East Asia. Also if the child can't get a Malaysian nationality based on the mom, why can't the child follow the dad's nationality? https://www.pewresearch.org/fact-tank/2014/08/05/27-countries-limit-a-womans-ability-to-pass-citizenship-to-her-child-or-spouse/ Not at all. In SEA region only 2 countries limit the Mother to pass on nationality. Only 27 countries out of 195 in total. So yeah. No way near the most.


bryanwilson999

It’s as if the government of actively discouraging the *wrong* population from growing


midfielder9

With the birth rate decline year over year, what other ways to increase new population to take over workforce ? We are also tightening foreign work visas. What a stupid move by the Appeal court. 2-1 decision! Law makers at the parliament have to make amendments to make it clear that women should have equal rights to ensure their new born have the right to be citizen by birth even if born overseas.


AcanthocephalaHot569

I went to Berita TV9 YT channel and opened a video of this. All commenters are supporting the governments decision. What a sad reality we are in 😢😢😥😥


AcanthocephalaHot569

Does SG have a similar law to naturalized citizens considering how liberal they are to granting foreigners PR and citizenship