Govt finalising law for kids born overseas to M’sian mums
THE implementation of 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 the finalisation of the Citizenship Rules 1964 is a prerequisite for the enforcement of this amendment, for which updates would be made 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 yesterday, adding that the enforcement of the law is awaiting necessary processes.
This includes the Royal Assent from the Yang di-Pertuan Agong.
However, Saifuddin Nasution said that 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 (PH-Miri) who had asked the ministry to state the latest guidelines for children of Malaysian citizens born abroad.
Current method: Saifuddin said that for 2024 and 2025 so far, his ministry has approved 1,980 applications under the existing citizenship provisions. — Bernama
Saifuddin Nasution said that for 2024 and 2025 so far, his ministry has approved 1,980 applications under the existing provisions, and that they receive an average of 100 new applications per month.
On the necessary updates to the Citizenship Rules 1964, he said the government would need to refine 57 clauses and update application forms for online submissions.
“The system used by Malaysian Representative Offices abroad still uses old forms and formats.
“Therefore, this process must be carried out 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 (PN-Tumpat) regarding the challenges posed by immigration and potential misuse of citizenship laws, as well as the need for DNA as proof, Saifuddin Nasution emphasised that the fundamental requirements for citizenship remain unchanged.
He added that DNA tests remain a supportive element rather than a mandatory requirement.
“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.
