[UPDATED] Citizenship limbo: 14,000 claims pending, says Family Frontiers

KUALA LUMPUR – The Home Ministry has 14,000 pending citizenship claims, a significant percentage of which are from Malaysian mothers applying for their overseas-born children, said Family Frontiers.

According to the civil society group, some of these applicants applying for citizenship for their children are staying overseas and must apply at the respective Malaysian embassies. 

These mothers often do not receive adequate guidance from the mission staff, claimed Family Frontiers.

Following the National Registrations Department (NRD) checklist shared by Family Frontiers, Malaysian mothers may sometimes have to provide up to 15 documents when applying for their children’s citizenship. Compliance with this list does not necessarily guarantee a successful application.

Additionally, a Family Frontiers spokesperson explained that most Malaysian missions abroad only accept applications for children under one year old. Applicants with older children must bear the logistical and financial challenges of travelling to Malaysia to apply.

“There has been frequent confusion regarding the correct form to use.

“Mothers are sometimes mistakenly instructed to apply under Article 14 (Form D), which was issued following a Kuala Lumpur High Court decision that was later overturned by the Court of Appeal.

“Applicants only discover much later that they were supposed to use another form instead,” a Family Frontiers spokesperson told Scoop.

Moreover, Malaysian mothers abroad also face the risk of their children’s citizenship applications being lost in transit and experiencing delays when en route to Putrajaya for processing.

Family Frontiers reported that one mother from their network said it took her overseas application one year to reach Putrajaya for processing.

“While NRD officers generally provide good assistance to mothers, applications submitted overseas still take a long time to arrive in Malaysia via the diplomatic bag,” the spokesperson added.

Even when all necessary documents are provided, Family Frontiers said there are reports of mothers still having their children’s citizenship applications rejected.

They explained that the worst part is that these applications are denied with no explanation provided in rejection letters, despite Home Minister Datuk Seri Saifuddin Nasution’s promise not to do so.

“This forces them to keep reapplying without clear direction, relying solely on hope and the goodwill of the government for the best possible outcome,” Family Frontiers explained.

Currently, under the present law, Malaysian mothers with foreign husbands cannot automatically pass down their citizenship to their overseas-born children.

In March, the Madani administration tabled the Constitution (Amendment) Bill 2024 in Parliament, which included various reforms to the country’s citizenship laws.

The bill finally gives Malaysian mothers the same right as men to automatically pass their citizenship to their foreign-born children, but the law will not be retroactive.

This means that children born overseas before the amendment will not automatically obtain citizenship.

Family Frontiers is also embroiled in a legal battle with Putrajaya after filing an application at the Kuala Lumpur High Court seeking a declaration that the constitutional provisions related to citizenship are gender-discriminatory.

In 2021, the court ruled in favour of Family Frontiers, prompting the federal government to appeal the decision.

The Court of Appeal decided in favour of the government in August 2022, setting aside the high court ruling.

The Federal Court granted Family Frontiers leave to challenge the Court of Appeal’s decision on January 29 this year.

According to Family Frontiers, the apex court is scheduled to hear their appeal on September 5. – June 30, 2024