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Dual citizenship - ILR on passport after naturalisation

Posted: Thu Aug 25, 2011 11:59 pm
by Vas57
Hi,

Hope someone can really really help. Been breaking my head on my dilemma:

1. My hubby and I are both Malaysians, so is my UK born son. I am a Tier 1 general migrant about to apply for ILR for all of us.

2. I have an option to apply ILR for only myself and hubby, and apply MN1 for child to be British directly.

3. Unfortunately Malaysia doesnt allow dual citizenship, and however you twist it with the passports, i.e use Right of Abode sticker on Msian passport etc, there is always a risk of being caught out, however small. I know eventually the country will catch up to the rest of the world in granting dual citizenship, but it may take time. I dont want to deny my son his opportunities in his birth country either till then.

4. So to fool proof travels to Malaysia, my question is - if he has an ILR sticker on his passport, and some day later he is registered with MN1 as a British citizen, can he still use his ILR-ed Malaysian passport to travel back and forth from Malaysia to the UK legally, with no reprimands from the UK Border control in the airport?. In this scenario, my son only has the Msian passport.

5. If he is to get a British passport some time in the future, will the Home Office destroy his ILR sticker on his foreign passport?


Thanks a bunch in advance! Love this forum.


Cheers
Vas.

Posted: Fri Aug 26, 2011 12:27 am
by gidoc
Malaysia doesnt have dual citizenship yet, until then it will be ' illegal' to use Malaysian passport if your son becomes a UK Citizen.
UK border doesnt have a problem but one could get causght out in Malaysia.
Best thing will be for your son to wait to become a UK citizen until Malaysia recognises Dual Citizenship.

Posted: Fri Aug 26, 2011 10:48 am
by Vas57
Hi there

Thanks for the heads up.

Yes, I know this is not allowed. But thousands of Malaysians still do it because the reasoning for this law does not make sense (I do not want to get into this here, because of political and beloved issues surrounding this requirement).

My question is simple - what happens to the ILR sticker on the foreign passport if you register your child using MN1?

There is currently no intention to apply for British Passport, but out of curiosity, what happens to the ILR sticker if you do have a British passport?

Hope someone can answer these questions....will help in making a decision whether to turn my child into a Brit or keep him Malaysian.

Thanks!

Posted: Fri Aug 26, 2011 6:56 pm
by gidoc
My question is simple - what happens to the ILR sticker on the foreign passport if you register your child using MN1?
The answer is also simple, UKBA is not bothered with your original passport as it belongs to your country of origin.
So your Malaysian passport with its visas stays with you for use or misuse, as you deem fit, when you acquire British Citizenship!