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Travel for dual citizens

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Travelscout 2016
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Travel for dual citizens

Post by Travelscout 2016 » Fri Sep 16, 2016 1:01 pm

A friend of mine is considering applying for British citizenship. My friend is Malaysian but has British 'permanent residency'. Having a British passport would make travel easier. Malaysia however does not recognize dual citizenship. From what I have read on the web, people advise travel using the Malaysian passport upon departure and return. I have two queries.

1. If my friend travels to and from Malaysia on a Malaysian passport and shows British Permanent residency. On the return journey back to the UK, a landing card will need to be completed. The card requires nationality to be entered. If my friend was granted British citizenship, but is travelling on a Malaysian passport, then I assume Malaysian would be entered as nationality.

2. In a situation described, would that mean that my friend's Permanent resident status would cease to exist assuming that British citizenship was granted?

I would like to be able to advise my friend on this situation as I would not want my friend to encounter any unforeseeable problems both in the UK and Malaysia.

Thank you for your suggestions

secret.simon
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Re: Travel for dual citizens

Post by secret.simon » Fri Sep 16, 2016 1:07 pm

Does your friend have ILR under the UK Immigration Rules or Permanent Residence under the EEA Regulations?

They are different statuses and different rules apply.

Ask him to show you the card/vignette in his passport and type the status into this thread.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Travelscout 2016
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Re: Travel for dual citizens

Post by Travelscout 2016 » Fri Sep 16, 2016 1:12 pm

The PR is just a stamp in a previous passport stating 'indefinite leave to remain in the UNited Kingdom'

secret.simon
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Re: Travel for dual citizens

Post by secret.simon » Fri Sep 16, 2016 1:41 pm

Travelscout 2016 wrote:would that mean that my friend's Permanent resident status would cease to exist assuming that British citizenship was granted?
Yes.

ILR (or indeed, any leave to remain) can not be held by a British citizen. So, ILR will cease when he becomes a British citizen.

I believe that so will his Malaysian citizenship cease automatically when he becomes a British citizen.
Travelscout 2016 wrote:If my friend was granted British citizenship, but is travelling on a Malaysian passport, then I assume Malaysian would be entered as nationality.
Your friend will likely have to give up his Malaysian passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Travelscout 2016
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Re: Travel for dual citizens

Post by Travelscout 2016 » Fri Sep 16, 2016 2:15 pm

Thank you for your comments. You are right as Malaysia does not recognize dual citizenship and so if caught, one had to decide to renounce either British or Malaysian citizenship.

Hypothetically, if one had both citizenships and decided to visit Malaysia with the Malaysian passport with the 'Right to indefinite leave' stamp, how would the UK immigration view a Malaysian citizen who had become a British citizen, but chose to enter the UK from Malaysia with a Malaysian passport with a PR stamp, despite being British and having a British passport?

Would value your comments.

Thanks

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Re: Travel for dual citizens

Post by ohara » Fri Sep 16, 2016 2:34 pm

The UK doesn't care which passport you use to enter or exit the UK. It certainly doesn't care, and in fact has no business in caring about which passport you use to enter another country, regardless of whether you are British.

Travelscout 2016
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Re: Travel for dual citizens

Post by Travelscout 2016 » Fri Sep 16, 2016 2:50 pm

But in returning to the UK, if a British citizen who is also a Malaysian citizen, enters the UK on a Malaysian passport with British PR (which presumably is void as traveller has a British passport), wouldn't the UK immigration be suspicious and even refuse entry on that basis?

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Re: Travel for dual citizens

Post by ouflak1 » Fri Sep 16, 2016 5:33 pm

Travelscout 2016 wrote:But in returning to the UK, if a British citizen who is also a Malaysian citizen, enters the UK on a Malaysian passport with British PR (which presumably is void as traveller has a British passport), wouldn't the UK immigration be suspicious and even refuse entry on that basis?
A British citizen cannot be refused entry into their own country. Separately, the moment he completes is naturalization ceremony for British citizenship, he loses his Malaysian citizenship. So technically he wouldn't be a 'dual' citizen anyway.

secret.simon
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Re: Travel for dual citizens

Post by secret.simon » Fri Sep 16, 2016 6:50 pm

Have a read through this interesting thread, which may give you some ideas on approaching this issue.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Travelscout 2016
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Re: Travel for dual citizens

Post by Travelscout 2016 » Fri Sep 16, 2016 8:30 pm

ouflak1 wrote:
Travelscout 2016 wrote:But in returning to the UK, if a British citizen who is also a Malaysian citizen, enters the UK on a Malaysian passport with British PR (which presumably is void as traveller has a British passport), wouldn't the UK immigration be suspicious and even refuse entry on that basis?
A British citizen cannot be refused entry into their own country. Separately, the moment he completes is naturalization ceremony for British citizenship, he loses his Malaysian citizenship. So technically he wouldn't be a 'dual' citizen anyway.
How does one who holds both Malaysian and British citizenships prove he is a British citizen at a London airport upon returning from Malaysia if he only has a Malaysian passport. This person wouldn't fmrisk bringing a British passport to Malaysia for fear of being found out and having to make a choice if renouncing one of his citizenships. By thruway this is all hypothetical and in no way would I want my friend to do anything illegal. I do want to dissuade my friend from applying for British citizenship for this very reason as my friend would ideally like to be able to have both Malaysian and British citizen ships.

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Re: Travel for dual citizens

Post by noajthan » Fri Sep 16, 2016 8:37 pm

Travelscout 2016 wrote:How does one who holds both Malaysian and British citizenships prove he is a British citizen at a London airport upon returning from Malaysia if he only has a Malaysian passport. This person wouldn't fmrisk bringing a British passport to Malaysia for fear of being found out and having to make a choice if renouncing one of his citizenships. By thruway this is all hypothetical and in no way would I want my friend to do anything illegal. I do want to dissuade my friend from applying for British citizenship for this very reason as my friend would ideally like to be able to have both Malaysian and British citizen ships.
This all seems a bit far-fetched. Someone who is nominally a dual needs to acknowledge and abide by the rules of both regimes.
That's the deal with Westphalian nation states.

If hypothetical, use an invisible passport.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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