British National with a Malaysian Passport.

[Tommy]

Hi..i wonder if anyone could help.

Both my wife and i are Malaysians and we have been granted ILR. Our baby daughter was born 7 months ago in the UK. We then applied her a Malaysian Passport.

We submitted an application to apply for ILR for our daughter but was rejected because the Home Office considered my daughter as a British National.

We have no intention to apply a British passport for her at the moment as both my wife and i are still holding Malaysian passports.

I wonder if my daughter will be allowed to re-enter the UK with her Malaysian passport without any proof of British Nationality.

Other than a British Passport..what else can i apply to prove that she is a British National?

Thanks

[JAJ]

I wonder if my daughter will be allowed to re-enter the UK with her Malaysian passport without any proof of British Nationality.

Other than a British Passport..what else can i apply to prove that she is a British National?

Your daughter needs a Right of Abode stamp in her Malaysian passport, if she is not going to have a British passport.
http://www.ind.homeoffice.gov.uk/applying/rightofabode

Have you no intentions to swap your Malaysian passports for British passports? You should be aware that if you leave the UK, you can lose your ILR.

[davidm]

Your daughter needs a Right of Abode stamp in her Malaysian passport, if she is not going to have a British passport.
http://www.ind.homeoffice.gov.uk/applying/rightofabode

Have you no intentions to swap your Malaysian passports for British passports? You should be aware that if you leave the UK, you can lose your ILR.

I think it is trickier than that- as far as I know Malaysia does not allow dual nationality in any form (had some friends in Canada who had a child born in Canada which caused them all kinds of problems eventually making the child get a Canadian passport), so how is OP's daughter going to be both Malaysian and British?

[Tommy]

I wonder if my daughter will be allowed to re-enter the UK with her Malaysian passport without any proof of British Nationality.

Other than a British Passport..what else can i apply to prove that she is a British National?

Your daughter needs a Right of Abode stamp in her Malaysian passport, if she is not going to have a British passport.
http://www.ind.homeoffice.gov.uk/applying/rightofabode

Have you no intentions to swap your Malaysian passports for British passports? You should be aware that if you leave the UK, you can lose your ILR.

Hi

Thanks for your reply. I am doing it for my baby daughter. She is a British Citizen. Both my wife and i are Malaysians with ILR.

[Tommy]

Your daughter needs a Right of Abode stamp in her Malaysian passport, if she is not going to have a British passport.
http://www.ind.homeoffice.gov.uk/applying/rightofabode

Have you no intentions to swap your Malaysian passports for British passports? You should be aware that if you leave the UK, you can lose your ILR.

I think it is trickier than that- as far as I know Malaysia does not allow dual nationality in any form (had some friends in Canada who had a child born in Canada which caused them all kinds of problems eventually making the child get a Canadian passport), so how is OP's daughter going to be both Malaysian and British?

My daughter is officially a Malaysian. However, the Home Office consider her as a British National.

[jes2jes]

Malaysian citizenship

Requirements

· every person born outside Malaysia on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in Malaysia or was at the time of the birth in service under the Government of Malaysia or of a State

· every person born outside Malaysia on or after Merdeka Day whose father was a citizen at the time of the birth if the birth was, or is, within 1 year of its occurrence or within such longer period as in any particular case was or is allowed by the Malaysian Government, registered at a consulate of Malaysia or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government

· every person born on or after Malaysia Day, and having any of the qualifications specified below

· every person born within Malaysia of whose parents one at least is at the time of the birth either a citizen or permanently resident in Malaysia and

· every person born outside the Malaysia whose father is at the time of the birth a citizen and either was born in Malaysia or is at the time of the birth in the service of the Federation or of a State and

· every person born outside Malaysia whose father is at the time of the birth a citizen and whose birth is, within 1 year of its occurrence or within such longer period as the Malaysian Government may in any particular case allow, registered at a consulate of Malaysia 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 Malaysian Government and

·every person born in Singapore of whose parents one at least is at the time of the birth a citizen and who is not born citizen otherwise than by virtue of this paragraph and

· every person born within Malaysia who is not born a citizen of any country otherwise than by virtue of this paragraph

A person can become a citizen of Malaysia either by registration or naturalization. In cases by registration, where a person is by operation of law is a citizen but have yet to be registered, such person is entitled to citizenship upon application and be registered as a citizen of Malaysia. For cases by naturalization, this refers to the process of admitting a person not a citizen of Malaysia to citizenship. This is subjected to the requirements and conditions of the Federal Government. Any person holding Malaysian citizenship is also disallowed to hold any other country's citizenship. Malaysia does not allow dual citizenship.

http://en.wikipedia.org/wiki/Malaysian_citizenship

[Tommy]

I have registered my daughter with the Consulate of Malaysia...she is therefore officially a Malaysian.

However, she can apply for a British Passport at anytime since the Home Office (UK) consider my daughter as a British National.

[jes2jes]

I have registered my daughter with the Consulate of Malaysia...she is therefore officially a Malaysian.

However, she can apply for a British Passport at anytime since the Home Office (UK) consider my daughter as a British National.

But since she can be both British and Malaysian in the eyes of the British Government, immediately she gets her British Passport she would loose her Malaysian Nationality since they do not allow dual citizenship I guess.

JAJ would be the best person to tell you this. I am just guessing from the facts posted above.

[JAJ]

I have registered my daughter with the Consulate of Malaysia...she is therefore officially a Malaysian.

However, she can apply for a British Passport at anytime since the Home Office (UK) consider my daughter as a British National.

Your daughter is a British citizen. End of story. Britain doesn't care what status she has under the law of Malaysia or any other country.

There are only two options for your daughter to travel into and out of the United Kingdom:

- British passport; or
- Right of Abode stamp in Malaysian passport.

She cannot be given ILR because she is a British citizen.

[Tommy]

I have registered my daughter with the Consulate of Malaysia...she is therefore officially a Malaysian.

However, she can apply for a British Passport at anytime since the Home Office (UK) consider my daughter as a British National.

Your daughter is a British citizen. End of story. Britain doesn't care what status she has under the law of Malaysia or any other country.

There are only two options for your daughter to travel into and out of the United Kingdom:

- British passport; or
- Right of Abode stamp in Malaysian passport.

She cannot be given ILR because she is a British citizen.

Ya, i will go for the Right to Abode as it is the perfect solution to my problem.

By the way, i lost my £750 when i apply for ILR and the Home Office refuse to refund the money back to me. Is there anything that i could do?

Cheers

[JAJ]

By the way, i lost my £750 when i apply for ILR and the Home Office refuse to refund the money back to me. Is there anything that i could do?

British citizens are exempt from immigration control. Hence I would not have thought it is legally possible for a British citizen to apply for ILR, and with an invalid application your fee should be refunded.

Have you formally requested a refund in writing (on this basis)? You should contact your Member of Parliament if the Home Office continue to say no.