First and foremost, it’s important for mothers to understand how this amendment works. Currently, the law allows overseas-born children of Malaysian fathers to receive automatic citizenship under Article 14(1)(b) by applying through Borang D. However, Malaysian mothers, like yourself, do not share the same right and must apply for their children’s citizenship under Article 15(2) using Borang B. Unfortunately, this process is often plagued by long delays, inconsistencies, and unexplained rejections.
Family Frontiers is actively working to address this inequality. The proposed amendment seeks to update Article 14(1)(b) by replacing the word “father” with “at least one parent,” ensuring that Malaysian mothers can also apply for automatic citizenship under Borang D, just like Malaysian fathers. As of this FAQs is written (November 2024), The Constitutional (Amendment) Bill to allow Malaysian mother to confer automatic citizenship to their overseas-born children has been passed in both the Dewan Rakyat and Dewan Negara and will now be presented for royal assent before it is gazetted. While the exact date for the gazettement is yet to be confirmed, it is expected to take place sometime in early/mid 2025.
But the amendment is not retroactive. This means it will only apply to children born after it is officially gazetted. For children born before the amendment is implemented, including those for whom you’ve already submitted Borang B applications under Article 15(2), the process will proceed as usual. You will still need to wait for the outcome of your current application.