There is being a Malaysian citizen
And there is being a resident of Sarawak (or Sabah) as a Malaysian citizen
They are not the same
12 years (!) ago I wrote Sarawakians: Read this before you have kids. Since then much has changed, but some things have not changed:
"Like many things about Malaysia, this is poorly documented and understood. No one seems to know what the rules and regulations are."
People have gotten married, had children of their own, and have discovered that their children born to Sarawakian parent(s) outside of Malaysia (and potentially Sarawak?) have their passport numbers starting with "A"
For those who don't know (and there are a lot of people who don't), Malaysian passport numbers start with either A, K, or H:
As a 5th generation Sarawakian, all my (Malaysian) passports have started with "K".
But as life goes on, I've discovered that some of my friends who have kids of their own, the kids Malaysian passport numbers start with "A".
My initial reaction was that it doesn't make sense, as the law literally says that Sarawakian "K" people who have kids will be considered Anak Sarawak (Sarawakians really).
And yet, I have people (Sarawakian friends) in my wider social circle who have had kids outside of Malaysia, and he kids Malaysian passport numbers start with "A".
Is this another case of elastic interpretation that get's applied by the Little Napoleons on the ground?
This sounds like another case of "y'know, asking the people, rather than making speculations"
The official channel to ask queries for federal government departments/ministries in Malaysia is SISPAA. Technically it is SiSPAA (Sistem Pengurusan Aduan Awam). And while like a lot of things in life, one's mileage may vary, but in my (limited) I find that it actually works quite well.
Unless you're not in Malaysia/coming from a Malaysian IP address, that is.
It doesn't like my filthy foreign IP address.
I can access https://imi.spab.gov.my/eApps/system/index.do, but at a super specific Application Layer control, it says that "me or your user group do not have right to access this page".
So I asked around, asking for someone to give me a hand (with a Malaysian IP address). Brian, I owe you one, and you have a standing order for food and drink on me. Submitted the query on 12 July 2025, and got a response on 15 July 2025:
Yes, they do respond. Especially if you write nicely and ask politely.
The key point is the second paragraph. My translation:
The query dated 14 July 2025 is referred to and noted by the Immigration Department. For reference, in accordance with the directive from the Sarawak Attorney General (SAG), via reference AG/10/67/5 dated 09.06.20214 [sic], the advice provided is that the Immigration Department does not have the authority to directly grant
the status of a child of East Malaysian origin to children born abroad as per Section 71(1)(b)(ii) of the Immigration Act 1959/63. Therefore, applicants born outside Malaysia are not automatically eligible to obtain a Malaysian Passport (PMA) with the prefix 'K'. This office only supports the issuance of PMA for applicants with the prefix 'A' only. Applicants are advised to apply for a Certificate of Status to qualify for obtaining a PMA with the prefix 'K'.
So there is a directive, AG/10/67/5, issued either in 2014 or 2021 or 2024, where kids born to Sarawakian's born outside of Sarawak, will be given "A", not "K" passports.
For reference, this is what Section 71(1)(b)(ii) of the Immigration Act 1959/63 says:
But this literally conflicts with what the (Sarawak) National Registration Department says:
(See
here for translation)
So what is going on?
Which led me to my next channel: Talikhidmat. Specifically, raised Talikhidmat case number 20250715-0182 on 15 July 2025:
English version:
Hi Talikhidmat,
I hope you can help me route this query, as there is a lack of clarity on who is responsible for answering my question about anak Sarawak who are born outside Sarawak/Malaysia and their eligibility for Sarawak “K” (Sarawak Residence) status.
The scenario is as such: 2 Sarawakians (husband and wife) with Sarawak “K” status on MyKad, validly married under the Law Reform (Marriage and Divorce) Act 1976, give birth outside Malaysia. The child applies for a Malaysian passport, as is given a “A” (ie. West Malaysia) passport, while the parents have both “K” Malaysian passports and Sarawak “K” status on MyKad.
According to NRD (National Registration Department), as long as one of the parents of the child is a Sarawak Resident, the child will be a Sarawak resident/ Sarawak “K” status. Please refer to “1. Pertanyaan mengenai status orang Sarawak yang dilahir di luar negeri Sarawak.pdf” attached to this ticket of written correspondence from NRD.
This is consistent with other parts of the Sarawak government, where the criteria for EFS and BIB is that only one of the parent of the child needs to be Sarawak “K”, and is eligible even if they are born outside Malaysia. See “3. Kelayakan Endowment Fund Sarawak.pdf” and “4. Kelayakan Bantuan Ibu Bersalin.pdf” attached to this ticket.
However, immigration has issued these 2 Sarawakians (husband and wife) with Sarawak “K” status on MyKad, a West Malaysia (“A” passport), and have referenced directive AG/10/67/5 from the Sarawak Attorney General that a child born outside of Malaysia to anak Sarawak (Sarawak “K” status on MyKad) will not get a “K” passport automatically. See “2. Balas Imigresen Pertanyaan mengenai status orang Sarawak yang dilahir di luar negeri Sarawak.pdf”
Thus, my questions are:
1. Why the inconsistencies between NRD, Immigration, and Ministry of Women, Early Childhood and Community Wellbeing Development (KPWK), on what constitutes a anak Sarawak (ie. Sarawak “K” status)?
2. What is the process to get a “Certificate of Status”, as mentioned in correspondence IMI.029833/IM.101/Q-UPSKK/954(12) from immigration, to be considered anak Sarawak? What is the criteria, and documentation required?
I hope Talikhidmat can assist with this query of mine. Thanks in advance.
Versi Bahasa:
Pihak Talikhidmat,
Saya harap Talikhidmat dapat membantu dalam pertanyaan saya ini, kerana terdapat kekurangan kejelasan mengenai pihak siapa yang bertanggungjawab untuk menjawab soalan saya tentang anak Sarawak yang dilahir di luar Sarawak/Malaysia, dan kelayakan mereka untuk status "K" Sarawak (Sarawak Resident).
Senario adalah seperti berikut: 2 anak Sarawak (suami dan isteri) yang mempunyai status “K” pada MyKad, berkahwin secara sah di bawah Akta Pembaharuan Undang-Undang (Perkahwinan dan Perceraian) 1976, melahirkan anak di luar Malaysia. Anak tersebut memohon pasport Malaysia dan diberikan pasport “A” (pasport Semenanjung Malaysia), sementara kedua-dua ibu bapa mempunyai pasport Malaysia “K” dan status “K” Sarawak pada MyKad mereka.
Menurut JPN (Jabatan Pendaftaran Negara), jika salah seorang daripada ibu atau bapa kepada kanak-kanak tersebut adalah Sarawak Resident, anak itu akan menjadi Sarawak resident/status “K” Sarawak. Sila rujuk kepada surat dari JPN “1. Pertanyaan mengenai status orang Sarawak yang dilahirkan di luar negeri Sarawak.pdf” yang dilampirkan kepada tiket ini.
Ini selaras dengan bahagian lain/initiatif kerajaan Sarawak, di mana kriteria untuk EFS dan BIB adalah bahawa hanya salah seorang ibu bapa anak tersebut perlu mempunyai status “K” Sarawak, dan mereka layak untuk EFS dan BIB walaupun mereka dilahirkan di luar Malaysia. Sila rujuk kepada “3. Kelayakan Endowment Fund Sarawak.pdf” dan “4. Kelayakan Bantuan Ibu Bersalin.pdf” yang dilampirkan dalam tiket ini.
Namun, JIM (Jabatan Imigresen Malaysia) telah mengeluarkan pasport Semenanjung Malaysia (“A” passport) kepada anak yang dilahirkan kepada 2 Sarawak resident/anak Sarawak (suami dan isteri) yang mempunyai status “K” Sarawak pada MyKad,, dan telah merujuk kepada arahan AG/10/67/5 dari Pejabat Peguam Besar Negeri Sarawak, bahawa anak yang dilahirkan di luar Malaysia kepada anak Sarawak (status “K” Sarawak pada MyKad) tidak akan secara automatik mendapatkan pasport “K”. Sila rujuk kepada “2. Balas Imigresen Pertanyaan mengenai status orang Sarawak yang dilahir di luar negeri Sarawak.pdf”.
Soalan saya adalah:
1) Mengapa terdapat ketidakselarasan antara JPN, JIM, dan Kementerian Pembangunan Wanita, Kanak-Kanak dan Kesejahteraan Komuniti (KPWK) mengenai kriteria anak Sarawak (iaitu, status “K” Sarawak)?
2) Apakah proses untuk mendapatkan “Perakuan Taraf” (Certificate of Status), seperti yang disebut dalam surat-menyurat IMI.029833/IM.101/Q-UPSKK/954(12) dari JIM, untuk anak yang dilahir di luar Malaysia kepada 2 Sarawak resident (“K” Sarawak pada MyKad mereka) untuk mendapat status “K” Sarawak? Apakah kriteria dan dokumentasi yang diperlukan?
Saya berharap untuk menerima maklum balas daripada Talikhidmat. Sekian, terima kasih
(Can I just say I'm surprised at myself that I can still write surat rasmi (formal letters) in BM after all these years. Sure, it took me an hr, but I got there in the end. Also, Sarawak is the place where both English and BM is still accepted)
First to reply was the National Registration Department of Sarawak on 17 July 2025:
My English translation:
"For reference the granting of the 'K' Indicator on the Identity Card for children born in Peninsular Malaysia/Sarawak/Sabah/Abroad is based on the Indicator on the Identity Card of one of the parents (who have their marriage validly registered in Malaysia)
However, the process for issuing a Passport is subject to the procedures of the Immigration Department of Malaysia, Sarawak State, that are in effect."
So it is still the same: the marriage needs to be legally registered in Malaysia under Malaysian Law, but only 1 parent is required to be Sarawakian "K" for the kid to also be Sarawakian "K"
Next up was the (Sarawak) Ministry of Women, Early Childhood and Community Wellbeing Development, responding on 18 July 2025:
Yep, consistent with
their own website, and
public pronouncements, any child born to at least one Sarawakian "K" parent, is eligible for
EFS and
Post-Natal Assistance (BIB).
With tracibility, in a way, I was waiting with bated breath on how the Immigration Department of Malaysia, Sarawak would respond. Which they did on 23 July 2025:
My English translation:
It is informed that the three agencies mentioned by the complainant [me] are three (03) agencies that issue different documents which have different functions. In this regard, the proposal for harmonisation of these inconsistencies is noted for appropriate action.
The "Certification of Status" is a document issued under Regulation 3 of the Immigration Regulations 1963 to an individual who has a claim to Malaysian citizenship by operation of law under Article 14 of the Federal Constitution of Malaysia
The application for a Certificate of Status is a process to confirm that an individual is considered as a person originating from East Malaysia (Sarawak) for the purpose of the right of entry into Sarawak, and serves as one of the foundational documents for the issuance of the prefix 'K' on Passports and Immigration Travel Documents
The 'K' prefix on Immigration Travel Documents grants the holder the right to enter and reside in Sarawak, Malaysia, without the need to obtain a Permit or Pass for the purposes of Section 7 of the Immigration Act 1959/63. This certificate indicates that the holder of the Certificate of Status originates from Sarawak/Sabah for the purposes of Section 6(1) of the Immigration Act 1963. Both Sections are to be read together in reference to Part VII of the Immigration Act 1959/63. However, the burden of proof that any person is a citizen lies upon the person.
To appply for a Certificate of Status, the following documentation is required:
i) Form IMM.1
ii) Cover Letter from the Sponsor
iii) Birth certificates of the child, father, mother
iv) Confirmation of Citizenship Status Certificate / Form W/H (both originals and copies)
v) National identity card (originals and copies) of child, father, mother
vi) Parents marriage certificate (originals and copies)
vii) Malaysian passports of child, father, mother, with original and copies of all pages (!)
viii) Current photo oh child (5 copies), parents (1 copy) (passport sized)
ix) a family photo in 3R size (1 copy)
For all the flack that M'sians give the civil service, and a lot of it is warranted, I must say I'm quite impressed that:
a) they responded
b) in a timely fashion
c) with detail
(Yes, we have a very low opinion of things in Malaysia. So does my family of me)
I must say in between the responses from the National Registration Department of Sarawak, the (Sarawak) Ministry of Women, Early Childhood and Community Wellbeing Development, and the Immigration Department of Malaysia, Sarawak, very interesting.
Based on the current laws, a kid born outside of Malaysia can be considered Anak Sarawak (Sarawakian Resident) for BIB and EFS, but not considered Sarawakian for immigration purposes to stay in Sarawak.
Well isn't that confusing.
And all this is not documented anywhere. You'd think that this was the first time a Sarawakian has given birth outside of Malaysia, given how much misinformation there is out there.
