Friday, June 6, 2008

Citizenship of Brunei Darussalam

Citizenship has been an interesting topic to me ever since I know the word citizenship. There are a lot of people who eager to become a citizen of Brunei Darussalam. Chapter 15 of Brunei Nationality Act states clearly how Brunei's citizenship can be acquired. Quoting the summary from a local blogger PaPa Law (http://papalaw.blogspot.com):

There are three ways of being a subject of His Majesty: by operation of law, by registration and by naturalisation.

The following categories of persons are subjects of His Majesty by operation of law i.e. automatically:

(a)he is born in Brunei Darussalam and who is commonly accepted as belonging to one of the following indigenous groups of the Malay race, namely, Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong or if he was born outside Brunei Darussalam and his father is, at the time of birth , a subject of His Majesty by operation of law. In the latter case, the birth must usually be registered with a Brunei consulate within 6 months;

(b) he is born in Brunei Darussalam and his father and mother were both born in Brunei Darussalam and are members of any of the groups of people specified namely Bukitans, Dayaks (sea), Dayaks (land), Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Melanaus, Penans, Sians,Tagals, Tabuns and Ukits

(c) any person born outside Brunei Darussalam —
(i) whose father was, at the time of birth of such person, a person born in Brunei Darussalam and was a person commonly, accepted as belonging to one of the indigenous groups of the Malay race, or
(ii) whose father and mother were both born in Brunei Darussalam and were members of any of the groups specified above;

(d) any person born in Brunei Darussalam whose father was, at the time of his birth, a subject of His Majesty; and any person outside Brunei Darussalam whose father was, at the time of birth of such person, a subject of His Majesty and was employed outside Brunei Darussalam if the birth of such person was registered at a Brunei Consulate or in Brunei Darussalam within 6 months of its occurrence;

(e) any person born outside Brunei Darussalam whose father was at the time of birth of such person a subject of His Majesty by registration or by naturalisation , if the birth was registered at a Brunei Darussalam Consulate or in Brunei Darussalam within 6 months of its occurrence.

A person is eligible to apply to be a citizen by registration as follows:

(a) He is above 18, born in Brunei and has within the period of 15 years immediately preceding the date of his application for registration resided in this country for periods amounting in the aggregate to not less than 12 years; and has resided here throughout the 2 years immediately preceding the date of his application. He will also need to pass an examination by a Language Board on his proficiency of the Malay language.

(b) She is a non citizen woman married to a citizen (no language proficiency requirement)

(c) A child under 18 years if a parent is a citizen. "Parent" here includes his mother or an adopted parent.

In any other case a person may apply for citizenship by naturalisation (in Malay penuangan) if he has within the period of 25 years immediately preceding the date of his application resided in Brunei for periods amounting in the aggregate to not less than 20 years and has resided here throughout the 2 years immediately preceding the date of his application. The language proficiency requirement also applies. Incidentally, unless this requirement is waived by His Majesty, the period does not include a period during which a person is allowed to remain temporarily here under the authority of any Immigration pass or permit issued. For example, in the case of a contract officer who has been in this country for the purpose of employment , the employment period is excluded.

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