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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My wife has an ILR in the UK (obtained in 2014). We now have

Resolved Question:

My wife has an ILR in the UK (obtained in 2014). We now have a baby girl who was born in the UK on the 21st of September 2015. She therefore has a UK birth certificate. My wife and I are both Malaysian citizens. Therefore, we have obtained a Malaysian passport for our daughter on the 4th of November 2015 (last week). All 3 of us would like to travel Malaysia on the 9th of December 2015. It will be a round trip as we would be returning to Manchester, UK on the 28th of January 2016. There would be no problem travelling into Malaysia since the child has a Malaysian passport. However, for re-entering into the UK, would we be able to use the Malaysian passport and the child’s UK birth certificate as a right to abode for the child to be in the UK ? The reason why we would not want to get for the child a UK passport now is because Malaysia does not allow for dual citizenship and it would cause problems.
With our trip to Malaysia coming up soon, we would like to seek your expert opinion on the re-entering into the UK for our child when she returns on the 28th of January 2016.
Thanks in advance and looking forward to hearing from you soon.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also , since the child and us have a flight to Malaysia on the 9th of December , what is the best option for us? We will be in Malaysia until the 28th of January 2016. Thanks.
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola,Thanks so much for putting in the extra effort to have an answer to our query. I'm definitely fine with continuing to wait for the answer. Cheers.Regards,
Naveen
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
Your child is a British Citizen as you are already aware.
You need to apply for a Certificate of Entitlement of the right of abode to be placed in the child's Malay passport. I would suggest that you do it whilst in the UK, if possible, otherwise you may apply for it whilst in Malaysia.
You cannot enter the UK with a UK birth certificate as that is not proof of nationality.
See here for the application process:
https://www.gov.uk/right-of-abode/overview
All the best
Customer: replied 1 year ago.
Hi,Thanks for the advice. will the child be able to re-enter the UK with her birth certificate and the mom's UK ILR (the reason for me asking these questions as we would not have the time to apply for the certificate of enrollment until we're back to the UK att he end of January 2016 (please note that we will be in Malaysia from December 9th till the 29th of january, any idea how long will it take to apply for it whilst we're in Malaysia ? will 7 weeks be sufficient?)
Alternatively, can the child return back to the UK on a visiting visa as she possesses a Malaysian Passport and then apply for the certificate of enrollment once she returns to the UK in January 2016 ?Thanks.
Expert:  UKSolicitorJA replied 1 year ago.
The birth certificate and mothers ILR won't work.
I am afraid I cannot say what the timeframe is for applying in Malaysia. It is unlikely that a visit visa will be issued as the baby is a British citizen and cannot be issued with a UK visa.
All the best. Please leave feedback
Customer: replied 1 year ago.
Hi, I'm sorry , i dont get you , if the child is a british citizen, then she should not have problems re-entering the UK. If she's not a British citizen, then a visiting visa would have to work. Please do note the child has a Malaysian passport , so technically she's a malaysian citizen now , am i right ?
Unless you're stating that the fact that she has a UK birth certificate and that the mother has a UK ILR means she's automatically a British Citizen.
Expert:  UKSolicitorJA replied 1 year ago.
She is automatically a British a citizen as she was born in the UK and her mother had ILR at the time the baby was born. This is why a visitor visa cannot be issued to her.
As far as UK law is concerned, she is a British Citizen, even though she has a Malaysian passport.
Hope this clarifies
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Noted, that clarifies it. So, can we proceed with our trip to Malaysia and then re-enter into the UK with the fact that she's a British Citizen and then proceed to making arrangement for the certificate of entitlement in January 2016 ?
Basically our question is how do we proceed from here on with our trip just around the corner ?
Thanks.
Customer: replied 1 year ago.
Hi, following to the queries above, Thanks for taking the time to answer the queries i had in mind. Understand the situation might have been more complicated than anticipated. Based on your final response, my daughter shall be deemed as a British citizen and to prove it , we would be able to display her UK birth certificate and her Mother's UK ILR upon returning to the UK from Malaysia.
In parallel, my wife and I called and spoke to the UKBA. They had advised he same (using her birth certificate and Mother's UK ILR). We also called them to double check and they had asked us to contact the Malaysian embassy to seek for advice and they had also advised the same. We will any way also apply for the Right of Abode to be appended on the baby's Malaysian passport upon returning from Malaysia in January 2016 just to ensure we have a second level of confirmation for the child's travel into the UK.
Should there be no more concerns or input from you all , i shall consider this closed.
Thanks once again for the time.
Expert:  UKSolicitorJA replied 1 year ago.
Thank you.
I have no more concerns or comments and would be grateful if you leave feedback so that I am credited for my time.
Kind regards

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