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Stories

Malaysian mothers and their overseas-born children who are still waiting for Malaysian citizenship

Nabena and her daughter Gayani

Nabena is a 70-year-old widowed Malaysian mother. After her marriage, she had to move to Sri Lanka because Malaysia did not allow her foreign spouse to live in Malaysia. She gave birth to her daughter, Gayani, in Sri Lanka, not knowing that she could not automatically pass on her citizenship to her daughter. Nabena remained loyal to her country and never obtained any other citizenship—she has lived in Sri Lanka since 1984 with only a resident spouse visa. Her family also often returns to Penang and Kuala Lumpur to visit family and friends. When Malaysia introduced the spouse program, she and her husband moved to Malaysia and worked in Penang and Kajang respectively, but faced problems when applying for Gayani’s citizenship. Tragically, Nabena’s husband passed away and she wishes to return to her home country, Malaysia. However, she cannot return and was forced to remain in Sri Lanka as her daughter Gayani is her carer and she can only enter Malaysia on a tourist visa. Despite being a citizen of a peaceful country (Malaysia), Nabena has to live in a country that faces civil unrest due to an economic crisis as her daughter is unable to move to Malaysia without a long-term legal status.

Danial Bogers and his mother, Malia

Danial is a 24-year-old son of a Malaysian mother. He does not hold Malaysian citizenship as he was born overseas. He has been living in Malaysia as a “foreigner” since he was 12 years old. Upon finding out that she could not transmit her citizenship to her children, his mother had no choice but to take on the foreign father’s Dutch nationality for him in order to enable the family to uproot and return to Malaysia. Danial was living in Malaysia on a Student Pass, but is no longer able to do so as he has since completed his university life. This has resulted in him having to leave the country every few months to be able to get a short term visa to stay in the country. A wave of uncertainties awaits Danial, including the possibility of being separated from his family in Malaysia. As a talented racer and musician, Danial had to give up many opportunities, despite wanting to proudly represent Malaysia, the country he calls home.

Emilia Ong

Emilia, born in 1983 to a Malaysian mother and British father, is a writer facing unique challenges. Unlike many cases, she is an adult unable to apply for Malaysian citizenship due to the lack of a suitable citizenship category for people like her. Her mother, who returned to Malaysia in 2011 and is now a pensioner living alone, relies on Emilia for support. However, Emilia can only visit on a tourist visa, leaving both separated. It is crucial for the government to recognize the importance of allowing adult children of Malaysian mothers to support them, benefiting both the families and the state. Becoming Malaysian matters to Emilia both on a practical level, so she can be in Malaysia to support her mother, and on an emotional level, as her mother is her entire family. Her mother’s culture is her culture, but currently, she is shut out and isn’t recognised as a Malaysian. It feels as though half of her identity is being erased.

Defny and her son, Brian

Defny, a single Malaysian mother from Pahang, has struggled to secure citizenship for her eldest son, Brian, born overseas in 2001. Despite applying twice under Article 15(2) [Borang B], both applications were rejected without explanation. The rejection of her son’s citizenship applications has had profound implications for the family. Her son faced educational challenges, including being unable to attend school for the first six months due to pending approval from the Ministry of Education. Every year, Defny had to pay for her son’s student pass to both the Ministry of Education and the Immigration Department. Furthermore, her son was not eligible for any government aid during his school years and was denied access to public health facilities. With no suitable visa options, her son can only stay in Malaysia on a tourist visa which requires him to leave the country every 30 days to renew it. Nonetheless, she remains determined to secure her son’s Malaysian citizenship, emphasising his deep connection to Malaysia.

Sarah (anonymous)

Sarah’s troubles began with an abusive marriage overseas. This abuse continued until the birth of her youngest child, where her husband prevented her from returning to Malaysia to give birth, even locking her in the house. After giving birth in 2017, Sarah took drastic measures to run away with her child. Finally, he managed to escape to Malaysia and obtain custody of his son. The divorce was finalized under fasakh in 2022. Sarah’s eldest son who was born in Malaysia, and her youngest son who was born overseas, both now live in Malaysia. However, Sarah continues to face harassment from her ex-husband. He has relations in Malaysia who often intimidate Sarah at home, adding to Sarah’s difficulties in this challenging situation.

Barathi (Anonymous)

Barathi is blessed with two children, born in 2012 and 2014 in Chennai, India. Due to complications during pregnancy, Barathi was advised not to travel far, which led to her giving birth in India. Barathi had applied for citizenship for her children within 3 months of their birth. Having lived in Malaysia for the past eight years, Barathi feels pressured to get student visas every year for her children, even though she is a Malaysian citizen. She has applied for citizenship for both her children three times, and all three tries have been rejected. This situation causes family challenges. In addition, Barathi was diagnosed with breast cancer, which further complicated their situation.

Zintra

Zintra is a Malaysian mother living overseas with her British husband and their two children (aged 14 and 10), faced a huge challenge in obtaining Malaysian citizenship for her children. Despite having applied under Article 15(2) [Form B], the two applications made for both children have been rejected without any explanation, leaving them in a state of uncertainty due to unclear instructions and an outdated process. Her experience with JPN has been inconsistent, but a recent visit provided more clarity on the documents required. Her children’s non-citizen status limits their access to education, medical services and sports. Both of her children swim competitively, however their non-Malaysian statuses have prevented them from joining many competitions such as SUKMA and Carnival Bakat.

Sabeena

Sabeena, a Malaysian mother affected by unequal citizenship laws, passed away in 2022 without seeing her children become Malaysian citizens. After moving to Malaysia in 2008, she struggled to secure citizenship for her four children. Her eldest son was ineligible due to age, forcing the family to send him to the UK and leading to the separation of the family. Her other three children’s applications were also denied, and they eventually had to leave Malaysia. Sabeena passed away in March 2022, just before her family was set to reunite after three years.
Her youngest daughter, Niba, has successfully obtained Malaysian citizenship after waiting for 16 years. Her other children are still not Malaysian.

Christine al-Jammal

In Jeddah, Christine Al-Jammal’s journey as a mother began with the joy of expecting her first child, Danny, reassured by the Malaysian embassy that he would easily obtain Malaysian citizenship. However, upon returning to Malaysia in June 2018, she faced the harsh reality of bureaucratic indifference. Despite her deep roots in Malaysia, Danny was treated as a foreigner, excluded from the normalcy of school life and even charged foreigner rates at local attractions. The final blow came in April 2024, when his citizenship application was rejected without explanation, leading Christine to consider relocating to Australia. Reflecting on this painful journey, she is filled with deep sadness and fierce hope, determined to fight for her son’s rightful place in her homeland. At a crossroads, haunted by unfulfilled promises and her son’s confusion, Christine yearns for a world where every child belongs, regardless of where their journey begins.

Shamila Unnikrishnan

Shamila, a Malaysian mother currently serving with the United Nations in Kenya, has been directly impacted by the country’s gender-discriminatory citizenship laws. Her husband is non-Malaysian, and both of their children were born overseas. Shamila has applied for citizenship twice under Article 15(2) for her daughter, who is now 13, but both applications were rejected without any reasons provided, making it difficult to understand what was lacking in the applications. The second rejection letter was not even dated. She also applied for citizenship for her son, which was similarly rejected. In early 2024, she resubmitted citizenship applications for both of her children in Putrajaya.