KUALA LUMPUR, Oct 17 — Federal lawmakers today unanimously approved the Constitution (Amendment) Bill 2024 to alter how the country grants citizenship, which will affect stateless groups as well as the offspring of some Malaysians.
Despite the controversy over the proposals, the Bill received the supermajority support needed to amend the Federal Constitution and incorporate the changes to the country’s so-called citizenship laws.
Here is a list of all the changes that were in the Bill.
1. Gender equality
Previously, only the foreign-born children of Malaysian men with foreign spouses were granted automatic citizenship. Now, for children born abroad, either a father or a mother who is Malaysian will entitle the offspring to citizenship by operation of law.
2. New time limit
A new time limit of one year will be imposed for the registration of foreign-born children where none existed previously.
3. No more automatic citizenship for PR kids
Children of parents who are permanent residents will now inherit the nationality of their parents, when they were previously entitled to Malaysian citizenship by operation of law.
4. Foreign spouses at increased risk of losing citizenship
Foreign spouses who secured citizenship through marriage will now have this revoked if the marriage is ended within two years of them becoming Malaysia. This was previously two years from the “date of marriage”
5. Language proficiency requirement
Foreign wives of Malaysian men must now demonstrate basic Bahasa Melayu proficiency as part of their citizenship application.
6. Doors closed on stateless above 18
The age limit for citizenship applications will be reduced from 21 years to 18 years, reducing the window by three years. This will effectively rule out any pending applicants over that age.
The change is ostensibly to be consistent with the lowered voting age as well as definition of a minor in the Child Act 2001.
Other changes include
- The requirement to take an oath of allegiance for children born abroad to receive their automatic citizenship
- The requirement to take an oath of allegiance for children born abroad to register their citizenship.
- Any newborn child found abandoned in any place will be presumed, until proven otherwise, to have been born in that location and that the mother is a citizen.
Citizen groups such Family Frontiers have lauded the passage of constitutional amendment while criticising some of the changes, particularly the removal of automatic citizenship for children of permanent residents.
In an immediate reaction, the group said some of the amendments were “disappointing” and “regressive”
Recommended reading:
Malaysia’s citizenship law amendments: What it does and why it matters
