- Operation of law
- It is a matter of birthright.
- A birth certificate will be issued right away upon registration of such birth.
- Article 14 of the Federal Constitution: -
Citizenship by operation of law
“(1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say:
(a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part I of the Second Schedule; and
(b) every person born on or after Malaysia Day, and having any of the qualifications specified in Part II of the Second Schedule.”
- Registration
- An application to the authorities upon meeting the necessary conditions imposed under the Federal Constitution.
- Qualifications are not automatic at birth.
- Example: Married woman who is a wife of a Malaysian citizen
- Upon satisfying the condition of residing in the Federation for a continuous period of 2 years and be of good character. Also compliance with Art 15(4) and (5) of the Federal Constitution.
- Article 15 of the Federal Constitution: -
Citizenship by registration (wives and children of citizens)
(1) Subject to Article 18, any married woman whose husband is a citizen is entitled, upon making application to the Federal Government, to be registered as a citizen if the marriage was subsisting and the husband a citizen at the beginning of October 1962, or if she satisfies the Federal Government—
(a)that she has resided in the Federation throughout the two years preceding the date of the application and intends to do so permanently; and
(b)that she is of good character.
(2) Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years of whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian.
(3) Subject to Article 18, a person under the age of twenty-one years who was born before the beginning of October 1962, and whose father is (or was at his death) a citizen and was also a citizen at the beginning of that month (if then alive), is entitled upon application made to the Federal Government by his parent or guardian, to be registered as a citizen if the Federal Government is satisfied that he is ordinarily resident in the Federation and is of good character.
(4) For the purposes of Clause (1) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation.
(5) The reference in Clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day, or with any written law in force before Malaysia Day in the territories comprised in the States of Sabah and Sarawak:
Provided that this Clause shall not apply where the woman applies to be registered as a citizen before the beginning of September 1965, or such later date as may be fixed by order of the Yang di- Pertuan Agong, and is at the date of the application ordinarily resident in the States of Sabah and Sarawak.
- Article 15A of the Federal Constitution: -
Special power to register children
Subject to Article 18, the Federal Government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen
- Article 16 of the Federal Constitution: -
Citizenship by registration (persons born in the Federation before Merdeka Day)
Subject to Article 18, any person of or over the age of eighteen years who was born in the Federation before Merdeka Day is entitled, upon making application to the Federal Government, to be registered as a citizen if he satisfies the Federal Government—
(a) that he has resided in the Federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years;
(b) that he intends to do so permanently;
(c) that he is of good character; and
(d) that he has an elementary knowledge of the Malay language.
- Article 16A of the Federal Constitution: -
Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)
Subject to Article 18, any person of or over the age of eighteen years who is on Malaysia Day ordinarily resident in the State of Sabah or Sarawak is entitled, upon making application to the Federal Government before September 1971, to be registered as a citizen if he satisfies the Federal Government—
(a) that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date;
(c) that he intends to reside permanently in the Federation;
(d) that he is of good character; and
except where the application is made before September 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the English language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the English language or any native language in current use in Sarawak.
- Article 18 of the Federal Constitution: -
General provisions as to registration
(1) No person of or over the age of eighteen years shall be registered as a citizen under this Constitution until he has taken the oath set out in the First Schedule.
(2) Except with the approval of the Federal Government, no person who has renounced or has been deprived of citizenship under this Constitution or who has renounced or has been deprived of federal citizenship or citizenship of the Federation before Merdeka Day under the Federation of Malaya Agreement 1948 shall be registered as a citizen under this Constitution.
(3) A person registered as a citizen under this Constitution shall be a citizen by registration from the day on which he is so registered.
- Naturalisation
- An application to the authorities upon meeting the necessary conditions imposed under the Federal Constitution.
- Qualifications are not automatic at birth.
- Article 19 of the Federal Constitution: -
Citizenship by naturalization
(1) Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—
(a) that—
(i) he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
(ii) (Repealed);
(a) that he is of good character; and
(b) that he has an adequate knowledge of the Malay language.
(2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—
(a) that he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;
(b) that he is of good character; and
(c) that he has an adequate knowledge of the Malay language.
(3) The periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalization are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.
(4) For the purposes of Clauses (1) and (2) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation; and for the purposes of Clause (2) residence in Singapore before Malaysia Day or with the approval of the Federal Government residence in Singapore after Malaysia Day shall be treated as residence in the Federation.
(5) A person to whom a certificate of naturalization is granted shall be a citizen by naturalization from the date on which the certificate is granted.
(9) No certificate of naturalization shall be granted to any person until he has taken the oath set out in the First Schedule.
- Incorporation of territory
- An application to the authorities upon meeting the necessary conditions imposed under the Federal Constitution.
- Qualifications are not automatic at birth.
- Article 22 of the Federal Constitution: -
Citizenship by incorporation of territory
If any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, Parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens
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