Malaysia legislation

Section 71

of IMMIGRATION ACT 1959/63

Section 71

(a)

he is or has within the preceding two years been a permanent resident in the East Malaysian State; or

(b)

he became a citizen in any of the following ways, that is to say—

(i)

by operation of law on Malaysia Day in respect of his being a citizen of the United Kingdom and

Colonies ordinarily resident in the State;

(ii)

by operation of law on or after Malaysia Day in respect of his birth in Malaysia and of one of his parents being at the time of the birth a permanent resident in the East Malaysian State; or

(iii)

by registration in respect of his being on Malaysia

Day ordinarily resident in the East Malaysian State.

(2)

Subject to subsection (3) a person shall not be treated for purposes of this section—

(a)

as becoming a permanent resident in an East Malaysian

State after not being one, until he has in a period not exceeding five years been resident in the State for periods amounting to three years; or

(b)

as being a permanent resident in an East Malaysian State at any time when under federal law he requires permission to reside there and has not got permission to do so granted without limit of time.

(3)

Paragraph (2)(a) shall not prevent a woman being treated as a permanent resident in an East Malaysian State at any time when she is married to a permanent resident in the State and is ordinarily resident there with him.

Immigration 63

(4)

In determining for the purposes of this section whether a person is or was at any time a permanent resident in an East

Malaysian State no account shall be taken of any period of residence in the State while he is there by virtue of section 67 or 68; but a period of residence or of permanent residence shall not for purposes of this section be treated as interrupted or terminated—

(a)

by a period of absence from the State of less than six months;

(b)

by a period of absence from the State for purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the State authority;

(c)

by a period of absence from the State on duty in the service of the Federation or of any State, where the absence is not inconsistent with the essential continuity of the residence in the State; or

(d)

by a period of absence from the State for any other cause allowed generally or specially by the State Authority.

(5)

A person who for purposes of Parts I to VI is for the time being treated under section 70 as a citizen in respect of his being on Malaysia Day ordinarily resident in an East Malaysian State shall for purposes of section 66 be treated as belonging to that

State.

(6)

Any authority empowered under Parts I to VI in its operation as a special law for an East Malaysian State to issue Certificates of Status showing that a person belongs to that State shall (unless the authority is an authority of the State) notify the State Authority of any application for the issue of such a Certificate, and if so required by the State Authority consult with that authority before issuing the Certificate.