[EN] Citizenship by Operation of Law [Article 14(1)(b)]: Form D

Updated as of 8 November 2022

Disclaimer: Please note that this guide is prepared with the good intention to help Malaysian binational families with preparatory administrative tasks to get their suitable documentation to stay and live in Malaysia. The list may not be exhaustive and as such should not be taken as your sole advice source. We wish to stress that it is advisable to check with your local immigration/ Government offices and relevant embassies/ High Commission offices for any updates on documentation requirements and processes.

If you notice any change/ error here due to updates, please do reach out to the FSSG team via community@familyfrontiers.org. Thank you in advance!

Useful sources of information:
https://www.jpn.gov.my/en/core-business/citizenship/warga-kluar-eng

Confirmation of Citizenship under Article 14 of the Federal Constitution where the person is born outside of Malaysia #

This is an application to confirm the citizenship status of a person born outside Malaysia on or after Malaysia Day (16 September 1963) to a Malaysian father.

Note: The process under Article 14(1)(b) of the Federal Constitution for Malaysian mothers with overseas-born children is currently frozen pending the disposal of Suriani Kempe & Ors v Government of Malaysia & Ors at the Federal Court.

BORN OUTSIDE OF MALAYSIA TO A MALAYSIAN FATHER #

Conditions #

• The applicant and the person to be registered shall appear before the Registrar of Citizenship / Consular Officer when submitting the application in accordance with Rule 28 of the Citizenship rules 1964 (Amendment 1996)
• Form D must be completed and submitted together with copies of the necessary documents.

Procedure #

• The applicant and the person to be registered are required to head over to the counter at the Citizenship Division of the Putrajaya NRD Headquarters or State NRD Headquarters or Malaysian consulate in a foreign country, together with the original and photocopies of the required documents.

Required Documents #

1. Registrant’s Documents (Original and Photocopies)

• Birth Certificate or latest extract of Birth Certificate (translated into Malay or English by the court / consular office / public translator)
• Entry Permit or passport or other travel document
• 3 recent passport-sized photographs with a blue background

2. Parents’ Documents (Original and Photocopies)

• Birth Certificate or latest extract of Birth Certificate
• Identity Card (if any)
• Citizenship Certificate
• Marriage document

3. Form D – Application for Registration of Birth Abroad.

Note: The online forms is to be used as reference only. For transactions, please use the original forms.

Payment #

• RM20.00 for application fee
• RM10.00 for issue of the certificate by the consulate if the application is approved.
• RM30.00 for issue of the certificate by the Registrar-General of Citizenship with the approval of the Minister of Home Affairs.

Note: Payment with postal order is accepted in multiples of RM10.00

BORN OUTSIDE OF MALAYSIA TO A MALAYSIAN MOTHER #

Conditions #

• The applicant and person to be registered (subject) shall appear before the Registrar of Citizenship/consular officer during submission of application.
• The presence of subject’s father may be required.
• The applicant shall be the:
  • Malaysian mother; or
  • guardian or next-of-kin
• Form D must be completed and submitted together with copies of the necessary documents.

Procedure #

Registration made in Malaysia #

The applicant and the subject are required to head over to the counter at the Citizenship Division of the National Registration Department (NRD) in Putrajaya or state NRD headquarters/branch, bringing along originals and copies of the necessary documents.

1. Collection of Form D

• Form D may be collected at the Citizenship Division.
• One Form D for each subject. Each Form D is assigned a unique serial number.
• Request for the NRD officer to go through the necessary documents to ensure that they are in order for submission.

2. Submission of Form D and relevant documents

• Bring along all original and copies of the necessary documents
• Go to the counter at the Citizenship Division 
• Request for the NRD officer to go through the necessary documents to ensure that they are in order for submission.
• Make the payment for the application fee and collect the receipt, which contains the serial number of Form D. If the receipt does not state “Borang D”, request for a correction by the NRD officer to be made on the receipt.

3. Collection of Confirmation of Citizenship Certificate

• Bring along the receipt obtained from the payment for the application fee.
• Make the payment for the issuance of citizenship certificate fee and collect the receipt
• The Confirmation of Citizenship Certificate may now be utilised to obtain the identification card and other citizenship-related documents.

Registration made outside of Malaysia (United Kingdom is used as an example) #

• The applicant, the subject and the subject’s father must be present at the Malaysian Mission overseas.If the subject’s father is not present, the officer may require a valid reason
• Submitted Form D together with the required documents
• Application will then be sent to the NRD in Putrajaya, Malaysia.

Required Documents #

Registration made in Malaysia #

Important

• All copies must be made on A4 paper.
• Birth/marriage/school documents not in English or Malay shall be translated and authorised accordingly by the court/consular office/public translator.
• Foreign official documents such as birth/marriage certificates and documentary proof of schooling, other than passport, are required to be certified as true copy by the related embassy and the Ministry of Foreign Affairs (Wisma Putra)

1. General

• Completed Form D
• Three (3) copies of the child’s latest passport-size photo with blue background

2. Documents of the subject

• Birth Certificate or latest extract of Birth Certificate
• Passport or other travel documents (latest) — copy of every page
• Previous passport used at the time of birth (if any) — copy every page
• Declaratory letter (“Surat Akuan”) for loss of passport or other travel documents (if applicable)
• Proof of schooling (if attending school) or Declaration Letter of Non-Attendance of School (“Surat Akuan Tidak Bersekolah”)
• Identity card or identification documents (if available)

3. Documents of the applicant (Mother)

• Identification card (latest)
• Birth certificate (latest—green coloured paper) or latest Extract of Birth Certificate (can be obtained in NRD)
• Citizenship Certificate or Extract of Citizenship Certificate (if applicable)
• Passport or other travel documents (latest) — copy of every page
• Marriage certificate (parents of subject) registered according to the written laws of the State/the country overseas or Declaration letter of single status (“Surat Akuan Tidak Berkahwin”) (Lampiran BWN/TK/01 or BWN/TK/02 may be obtained from Citizenship Division at NRD) (if applicable)
• Joint letter of consent (parents of subject) to apply for citizenship for the child (may no longer be necessary, please confirm with NRD officer)
• Divorce documentation or death certificate of spouse (if applicable)
• Court Order No. WA-24NCvC-2356-12/2020 dated 9 September 2021 (as reference)

4. Documents of the subject’s father

• Passport or other travel documents (latest) — copy of every page

5. Documents of the subject’s siblings

• Identification card (if available)
• Passport or other travel documents (if applicable) — copy of every page
• Birth Certificate or latest Extract of Birth Certificate

6. Documents of applicant who is other than mother/father

• Identification card
• Birth Certificate or latest Extract of Birth Certificate

7. Additional documents which may be required

• A copy of the document received when first applied for citizenship under Article 15(2) of the Federal Constitution (Form B)
• Birth certificate of father of subject
• A head-to-toe family photo may be required for registration in Sabah.

8. Special Circumstances

1. Single mother

• Copy of the father’s passport may be required
• Citizenship certificate of the child will not state the father’s name

2. Subject’s father is not residing in Malaysia

• Documentary proof that the father is residing elsewhere, such as work permit or identification card

3. Mother is an adopted child

• Documentary proof, such as Certificate of Adoption

9. Payment

• RM20 for application fee (please keep the receipt, which will be required during collection of Confirmation of Citizenship Certificate)
• RM30 to issue Confirmation of Citizenship Certificate (please keep the receipt)

Registration made outside of Malaysia (General) #

Important

The list of documents provided below are general in nature. Please obtain the complete documents checklist from the relevant country’s Malaysian Mission as the specific list of documents required differs from country to country.

1. Within 1 year of birth from the date of birth of the subject

• Recent passport-size photos of the subject with blue background
• Malaysian Marriage Certificate
• Passport of both parents
• Identity Card of both parents
• Birth certificate of both parents
• Birth Certificate of the subject as issued by the hospital
• Notarised certificate of the birth of the subject with English translation and attested by the Ministry of Foreign Affairs Office (FAO) of the Country or Province of Issue
• All original documents
• Registration fee

2. After 1 year of birth from the date of birth of the subject

• A letter to explain the delay in registering the birth of the child
• Recent passport-size photos of the subject with blue background
• Malaysian Marriage Certificate
• Passport of both parents
• Identity Card of both parents
• Birth certificate of both parents
• Birth Certificate of the subject as issued by the hospital
• Notarised certificate of the birth of the subject with English translation and attested by the Ministry of Foreign Affairs Office (FAO) of the Country or Province of Issue
• All original documents
• Registration fee

3. Special Circumstances

1. Single Parent (Divorced Mother) – United Kingdom is used as an example here

• A Statutory Declaration duly legalised by the Foreign and Commonwealth Office (FCO) to declare that the mother is not married to the father, signed by both parents; and
• A Statutory Declaration from the mother duly legalised by the FCO to declare that she is truly the biological mother of the child
• Five (5) passport-size photographs of the child with blue background
• Registration fee

Note: 

• The applications for citizenship matters require the use of original forms of Form D. Forms may be obtained from the NRD in Putrajaya or State NRD headquarters/branches where the registration is made in Malaysia, and the Malaysian Mission overseas where the registration is made outside of Malaysia.
• This guide is curated based on the following sources:
  • Official Portal of the National Registration Department | Application for Citizenship Under Article 14 Of The Federal Constitution Confirmation Of Citizenship (Born outside Malaysia) (https://www.jpn.gov.my/en/core-business/citizenship/warga-kluar-eng)
  • Feedback from Malaysian mothers who have submitted their documents under Article 14(1)(b) of the Federal Constitution

Official Portal of Minister of Foreign Affairs Malaysia (Wisma Putra) | Attestation of Documents (https://www.kln.gov.my/web/guest/attestation-of-documents)