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Malaysian child born in UK

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kkloon
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Posts: 9
Joined: Tue Oct 02, 2012 10:19 pm

Malaysian child born in UK

Post by kkloon » Mon Feb 22, 2016 5:25 pm

Hi all

Good day to you all.

Myself and my wife are both Malaysian citizen with ILR in the UK. We just had a child 3 weeks ago in the UK and intended to travel to Malaysia shortly. Our situation are as follow:

a) legally the child is a british citizen by birth to a "settled" person in the UK. She would have UK birth certificate.
b) we intend to let the baby girl to have Malaysian citizenship (they do not allow dual citizenship), so we can't apply for a British passport as exercising this right would cancel her Malaysian citizenship.
c) all 3 of us will travel to Malaysia with Malaysian passport, which has will not cause any problem on the outward trip

However thinking of the return trip to the UK, what will happen at UK border, bearing in mind she has no visa whatsoever on her child passport? Would a UK birth certificate plus parents ILR get her into the UK again?

Please advise. Any advise would be very much appreciated.

Many thanks.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Malaysian child born in UK

Post by secret.simon » Mon Feb 22, 2016 5:47 pm

I am not aware of Malaysian nationality law specifically, but it sounds similar to Indian nationality law in not allowing dual citizenship.

However, Indian law allows a child born with dual nationality to keep it till the age of 18, provided the other nationality is not exercised in the name of the child by the parents, by for example applying for a British citizenship.

A suitable via media is for such a child with dual British/other-Indian nationality to have an Indian passport and a CoE-RoA that allows them to reenter the UK. Such a certificate does not state that the holder is a British citizen, only that the holder has the right of abode in the UK.

Perhaps you may wish to check if this is allowed in Malaysia?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kkloon
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Posts: 9
Joined: Tue Oct 02, 2012 10:19 pm

Re: Malaysian child born in UK

Post by kkloon » Wed Feb 24, 2016 2:04 pm

Thanks secret.simon.

CoE are allowed by Malaysian authorities however it will take 6 months for approval.

Do you think Border Control will allow my child to return into the UK before we apply for the CoE (after the trip) as we are flying out in the next month? I guess they will just stamp a temporary 6 months entry on the child's passport?

Anyone with similar experience to advise?

Many thanks in advance.

zhenlkz
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Posts: 1
Joined: Sat Jan 07, 2017 11:51 am

Re: Malaysian child born in UK

Post by zhenlkz » Sat Jan 07, 2017 11:54 am

Hi, has anyone got anyone regarding this?

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CR001
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Re: Malaysian child born in UK

Post by CR001 » Sat Jan 07, 2017 2:14 pm

zhenlkz wrote:Hi, has anyone got anyone regarding this?
Rather than tagging a vague and generic question onto someone else's topic which is almost a year old, please start your own thread with your circumstances and questions.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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