KUALA LUMPUR: The Constitutional amendment granting automatic citizenship to children born overseas to Malaysian mothers married to foreign nationals is expected to take effect by mid-2026, says Home Minister Datuk Seri Saifuddin Nasution Ismail.
He said that finalising the Citizenship Rules 1964 is necessary for enforcing this amendment, with updates expected by September or October this year.
“Following the constitutional amendment, children born outside the country to Malaysian mothers married to foreign nationals will automatically acquire citizenship once the amendment is enforced by law," he said during question time on Monday (Aug 4).
He added that the enforcement is awaiting necessary processes.
This includes the Royal Assent from the Yang di-Pertuan Agong. However, Saifuddin said mothers can currently apply for their children's citizenship under Article 15(2) of the Federal Constitution.
He was responding to a question by Chiew Choon Man (Pakatan-Miri), who asked about the latest guidelines for children of Malaysian citizens born abroad.
Saifuddin said that from 2024 to 2025, his ministry has approved 1,980 applications under the existing provisions, with an average of 100 new applications received per month.
Regarding necessary updates to the Citizenship Rules 1964, Saifuddin said the government needs to refine 57 clauses and update application forms for online submissions.
He said this in response to a supplementary question by Chiew, who asked for the latest updates on the rules.
Saifuddin said that the government projects the enforcement of the amendment should not extend beyond the end of next year, pending the Royal Assent.
“The system used by Malaysian Representative Offices abroad still utilises old forms and formats.
“Therefore, this process must be conducted carefully. We anticipate that the amendments and updates to the Citizenship Rules 1964 can be completed around September or October this year,” he added.
In response to a question from Datuk Mumtaz Md Nawi (Perikatan-Tumpat) regarding the challenges posed by immigration and potential misuse of citizenship laws, as well as the need for DNA as proof, Saifuddin emphasised that the fundamental requirements for citizenship remain unchanged.
He clarified that DNA tests are supportive rather than mandatory.
“As I mentioned, until we enforce it through the consent order of His Majesty the King, we can implement it by operation of law.
“Regarding DNA, the practice we use now is that it is merely a supporting element. It does not constitute an absolute requirement,” he said.
The law to allow children born abroad to Malaysian mothers with foreign spouses to be granted automatic citizenship was passed in the Dewan Rakyat last October.
