Loss of Citizenship in Malaysia: A Comprehensive Guide

In Malaysia, citizenship is governed by the Federal Constitution and the Malaysian Citizenship Act 1961. Loss of citizenship can occur under specific circumstances, and it is essential for individuals to understand the regulations, procedures, costs, and considerations involved.

1. Grounds for Loss of Citizenship

According to the Malaysian Citizenship Act 1961, a citizen may lose their citizenship under the following circumstances:

• Voluntary Renunciation: A Malaysian citizen may voluntarily renounce their citizenship by making a declaration to that effect.
• Acquisition of Foreign Citizenship: A Malaysian citizen who voluntarily acquires the citizenship of another country may lose their Malaysian citizenship.
• Failure to Reside in Malaysia: A citizen who has resided outside Malaysia for a continuous period of more than five years may lose their citizenship unless they have obtained permission to retain it.
• Criminal Conviction: A citizen may lose their citizenship if they are convicted of certain offenses, such as treason or acts against the state.

2. Relevant National Regulations

• Malaysian Constitution: Article 24 outlines the loss of citizenship.
• Malaysian Citizenship Act 1961: This act provides detailed provisions regarding the acquisition and loss of citizenship.
• Regulations under the National Registration Department (JPN): The JPN oversees the processes related to citizenship status.

3. Procedures for Loss of Citizenship

The procedures for loss of citizenship vary depending on the grounds for loss:

• Voluntary Renunciation:

  • Application: Submit a formal application to the JPN, expressing the intent to renounce citizenship.
  • Documentation: Provide necessary documents, including identification and proof of citizenship.
  • Approval: The application will be reviewed, and upon approval, a certificate of renunciation will be issued.

• Acquisition of Foreign Citizenship:

  • Notification: Citizens acquiring foreign citizenship must notify the JPN.
  • Documentation: Provide proof of the new citizenship.
  • Automatic Loss: Citizenship will be automatically revoked upon confirmation of the new citizenship.

• Failure to Reside in Malaysia:

  • Application for Retention: If a citizen has resided abroad for more than five years, they must apply to retain their citizenship before the period lapses.
  • Documentation: Submit proof of residence and intent to return to Malaysia.

• Criminal Conviction:

  • Legal Proceedings: Loss of citizenship due to criminal conviction will follow legal proceedings, and the individual will be notified accordingly.

4. Costs Involved

• Application Fees: The fees for processing applications for renunciation or retention of citizenship may vary. As of the latest information, the fee for renunciation is approximately RM 100, but it is advisable to check with the JPN for the most current rates.
• Legal Fees: If legal assistance is required, additional costs may be incurred.

5. Country-Specific Considerations

• Dual Citizenship: Malaysia does not recognize dual citizenship. Therefore, acquiring citizenship in another country will result in the automatic loss of Malaysian citizenship.
• Documentation: It is crucial to keep all documentation related to citizenship status updated and to maintain copies of any applications or correspondence with the JPN.
• Legal Advice: It is advisable to seek legal counsel if there are complexities involved in the loss of citizenship, especially in cases of criminal conviction or disputes regarding residency.

6. Conclusion

Losing Malaysian citizenship is a significant legal matter that can have lasting implications. Individuals considering renunciation or who are at risk of losing their citizenship should carefully review the relevant laws, procedures, and potential consequences. It is recommended to consult with the National Registration Department or legal professionals for personalized guidance and to ensure compliance with all regulations.