Taking A Foreign Citizenship Does Not Automatically Cost You Your Malaysian One. The Government Has To Decide.

The most common misconception about Malaysian citizenship is that it vanishes by itself.

It does not. As Malaysian practitioner commentary puts it: "A common misconception about holding dual citizenship in Malaysia is that once a Malaysian accepts foreign citizenship, he is automatically deprived of his Malaysian citizenship. This is inaccurate as the process for deprivation of citizenship does not happen automatically."

Two things follow:

Deprivation is a discretionary government decision, not an automatic consequence. Under Article 24, the Government has the discretion to deprive a person of citizenship if satisfied they voluntarily acquired citizenship of another country.

Only the Federal Government can do it. The power does not lie with government agencies such as the National Registration Department or the Immigration Department. The Court of Appeal confirmed in The Speaker of Dewan Undangan Negeri of Sarawak v Ting Tiong Choon [2018] 12 MLJ 176 that deprivation may only validly be undertaken by the Federal Government under Articles 24 and 27, or by voluntary renunciation under Article 23.

The two ways citizenship ends

JPN's own framing: "As a sovereign nation, Malaysia does not recognise dual citizenship. Therefore, Malaysian citizens who hold foreign citizenship may voluntarily renounce their Malaysian citizenship, rather than being deprived of it under Articles 24, 25 or 26 of the Federal Constitution."

The grounds for deprivation

Article 24(1) — acquiring citizenship of another country by registration, naturalisation, or other voluntary and formal act other than marriage.

Article 24(2) — where a Malaysian has voluntarily claimed and exercised in another country any rights available under the law of that country.

On the passport point specifically: commentary states that a Malaysian found using a foreign passport will be deemed to have voluntarily claimed and exercised a right accorded exclusively to citizens of that foreign country, giving the Government good reason to exercise its discretion under Article 24.

Article 25 — includes deprivation on grounds relating to prolonged absence. Reporting notes that a naturalised Malaysian living abroad must register at a Malaysian consulate every year, and that missing this for five consecutive years gives grounds for revocation.

Article 26 — citizenship obtained through fraud, false representation or concealment of material facts.

Article 26A — a further deprivation provision.

Children. Where a person has renounced citizenship or been deprived under Article 24(1) or Article 26(1)(a), the Federal Government may by order deprive of citizenship any child of that person under 21 who was registered as a citizen as being that person's child, or the child of that person's spouse.

The safeguards that do exist

These are constitutional, and worth knowing.

A public good test. Under Article 27(2), no person shall be deprived of citizenship under Articles 25, 26 or 26A unless the Federal Government is satisfied that it is not conducive to the public good that they continue to be a citizen.

A statelessness bar. No person shall be deprived under Article 25, Article 26(1)(b) or Article 26A if the Federal Government is satisfied that as a result of the deprivation they would become stateless.

Note the gap. That statelessness protection is expressed for those provisions — it is not framed as covering Article 24 or Article 26(1)(a). That distinction matters and has been the subject of reform argument.

Notice and an inquiry. Before making a deprivation order, the Government must give written notice of the grounds and offer the person a right to have the case referred to an independent inquiry committee chaired by someone with judicial experience.

Merdeka Day protection. A person who became a citizen by operation of law on Merdeka Day, having been a citizen of the Federation immediately before, shall not be deprived under Article 24(1) or (2) by reason of anything done on or before that day.

Liability survives. Renunciation or deprivation does not discharge a person from liability in respect of anything done or omitted before they ceased to be a citizen. Giving up citizenship does not erase debts, obligations or criminal exposure.

How to renounce

Renunciation is under Article 23, and is done through a Malaysian mission abroad or JPN.

The Embassy of Malaysia in Washington's published requirements give a representative picture. Applicants must attend in person for thumbprints at the Consular Section with:

• Form K (2 sets)
• Original Malaysian passport
• Original Malaysian identity card
• Original Malaysian birth certificate
• Foreign passport

Requirements differ between missions — check with the one handling your case.

What it costs you

The decision is, for most practical purposes, permanent.

Article 18(2) makes explicit that a person who previously renounced or was deprived of Malaysian citizenship generally cannot be registered as a citizen again without the approval of the Federal Government.

Practical consequences reported:

• EPF — once you have formally renounced or received a deprivation order, you can withdraw your entire EPF balance
• Property rights are affected
• The passport, and everything downstream of it

Understand the sequence. A renunciation is not a step to be taken while you are still deciding.

The 2024 amendments and the criticism

Constitutional citizenship amendments passed in 2024 were strongly contested, and this article reports the objections as made.

The Malaysian Bar "strongly condemned" what it called regressive amendments, invoking Article 15 of the 1948 Universal Declaration of Human Rights — that the right to nationality is a fundamental human right, and that recognition as a lawful citizen affords legal privileges including suffrage, social security, healthcare, public education and employment.

The specific objection on Article 26(2): the amendment replaced "date of the marriage" with "date of obtaining citizenship" as the reference point for deprivation where a marriage dissolves within two years.

Why critics said that matters: if a Malaysian man's marriage dissolves within two years of his foreign wife being granted Malaysian citizenship, she faces deprivation — and because Malaysia does not recognise dual citizenship, she would have relinquished her original nationality to obtain the Malaysian one, potentially rendering her stateless.

Family Frontiers argued the change was unjustifiable, noting that the Ministry of Home Affairs had not documented a single case of marriage of convenience nor collected reliable data, as confirmed by the Deputy Minister of Home Affairs during a Parliamentary Special Chambers session on 12 March 2024. Its January 2022 survey of 65 foreign spouses who had applied for Permanent Residence since 2014 found over 58% waited more than four years for a response, 23% were rejected without reasons, and no approvals were granted.

Their proposed fix: extend the protection in Article 26B(2) to Article 26(2), so that a foreign wife is not deprived where deprivation would render her stateless.

This article does not adjudicate that debate, but readers dealing with a spousal citizenship question should be aware the position changed in 2024 and take advice.

What to actually do

If you have acquired foreign citizenship:

• Do not assume you have lost Malaysian citizenship. Deprivation requires a Federal Government decision and the Article 27 procedure.
• Do not assume you have kept it either. Using a foreign passport is precisely the conduct Article 24(2) targets.
• Get advice before travelling on either document.

If you receive a deprivation notice:

• You are entitled to written notice of the grounds.
• You may request referral to an independent inquiry committee chaired by a person with judicial experience. Use it.
• Get a lawyer immediately.

If you are considering renouncing:

• Understand that Article 18(2) makes return contingent on Federal Government approval.
• Deal with EPF, property and any liabilities as part of the decision, not after.
• Contact the relevant Malaysian mission for the current form and document list.