How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Three Malaysian adults one family all in their 20s, with a

Customer Question

Three Malaysian adults one family all in their 20s, with a British mother and Malaysian Father. Currently Malaysian Citizens and living in Malaysia . Want to apply for British Citizenship. Their Perants are divorced and their mother is resident in the UK. What is the process?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Where and when was the UK mother born please?

Where and when were the three children born please?

Kind regards,


Tom
Customer: replied 2 years ago.

The Mother was born in Britain, I don't know where and I don't know when, but I believe she is in her late forties\early 50s


 


All Three children were born and brought up in Malaysia. They want to join their mother here. again i don't know their DOB. but they are all between 20 and 26 yrs old

Expert:  Thomas replied 2 years ago.
Thanks.

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If the mother was born in the UK before 1983 then she is a UK citizen otherwise than by descent.

This means that she is able to pass on her citizenship to such of her children that are born outside the UK.

Under the British Nationality Act 1981 the children automatically qualify for UK citizenship under section s(2) of the Act:-
http://www.legislation.gov.uk/ukpga/1981/61

This means that they are UK citizens automatically, so they can apply for UK passports in the normal way, provided that they can prove their parentage:-

https://www.gov.uk/government/publications/applying-for-a-passport-from-outside-the-uk-application-form

However, it is important that they consider the impact of obtaining UK citizenship on their Malaysian citizenship. I understand that Malaysia does not permit their citizens to have dual citizenship of other countries. So, in applying for their UK passports they will probably either have to renounce their Malaysian citizenship or will lose it upon obtaining their UK passports. I would suggest that the take advice from a Malaysian citizenship lawyer on this point.

Obviously, if they obtain their UK passports then they will be free to enter the UK in the same way as other UK citizens do. They will have all the same rights as other UK citizenship except that they would not automatically be able to pass on their citizenship to such of their own children that are born outside the UK.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Can I just check, They wont need to apply for a visa and spend time in the UK before applying for a UK passport

Expert:  Thomas replied 2 years ago.
Hi,

Correct. Once they have obtained their UK passports they will not need any form of visa at all because they will be UK citizens.

I have to go out now for about 90mins.

Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    832
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    118
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm
 
 
 

Related Immigration Law Questions