KUALA LUMPUR: Women married to Malaysian men who have renounced their original citizenship will not be at risk of losing their Malaysian citizenship if they divorce within two years after their citizenship application is approved.
Home Minister Datuk Seri Saifuddin Nasution Ismail said he acknowledged concerns raised by certain quarters on the proposed amendment to Article 26(2).
He said these individuals are protected by an existing caveat regarding citizenship revocation as stipulated in the Federal Constitution.
The caveat outlined in Article 26B(2) which reads that no person shall be deprived of citizenship under Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26A if the federal government is satisfied that as a result of the deprivation, he would not be a citizen of any country.
"To the concern raised if a woman would become stateless following the dissolution of marriage after obtaining citizenship, it was stated in the Constitution that if with the revocation, the subject is not a citizen of any other country, the revocation cannot be carried out.
"For example, if a Thai woman marries a local man and continues to hold her original citizenship and obtains Malaysian citizenship after eight years of marriage and divorces after that, the citizenship can be revoked on reason of having dual citizenship.
"However, if she is not a citizen of any other country, her Malaysian citizenship cannot be revoked," he told a press conference regarding the Constitution (Amendment) Bill 2024.
The concern arose following the proposed amendment to Article 26(2) of the Constitution, in which the government intends to replace the word "date of the marriage" with "date of obtaining citizenship."
Elaborating on the rationale for the amendment, Saifuddin explained that it is unlikely for foreign women to obtain citizenship within two years of marrying a Malaysian citizen.
"Why are we making this amendment? Because it will never happen that a foreign woman married to a Malaysian can obtain citizenship after two years of marriage. It's not possible.
"In the first five years after registering the marriage here, she will receive a spouse visa. Only in the sixth year will she get an entry permit, so that makes it seven years in total.
"In the eighth year (of marriage) only can she apply for a blue identity card (citizenship)," he told a press conference.
Saifuddin added: "If the current process takes eight years to obtain citizenship, the original provision for revocation would mean that citizenship cannot be granted. We are amending it for the revocation of citizenship two years after obtaining citizenship (following the dissolution of marriage), instead of two years of marriage."
Meanwhile, Saifuddin said that a new caveat regarding those wishing to voluntarily renounce their citizenship will be refined if the bill is approved in the Dewan Rakyat.
"This amendment will introduce additional requirements to ensure the individuals have no court cases, income tax arrears, or involved in legal matters."