Which constitutional articles apply to pre-Merdeka citizenship applications?

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Constitutional Articles Applicable to Pre-Merdeka Citizenship Applications

Citizenship applications for individuals born in Malaysia before Merdeka, particularly those who remain stateless, primarily fall under Article 16 and Article 19 of the Federal Constitution. Article 16 specifically addresses individuals born in Malaysia prior to independence, providing a pathway for them to acquire citizenship. Article 19, which pertains to citizenship by naturalisation, can also be utilised by pre-Merdeka individuals under specific conditions.
Article 16 Provisions for Pre-Merdeka Born Individuals

Article 16 of the Federal Constitution is explicitly designed to accommodate those born in Malaysia before Merdeka Day. To be eligible under this article, applicants must demonstrate a continuous residency in Malaysia for at least five years within the seven-year period preceding their application. Furthermore, they are required to possess a foundational understanding of the Malay language and exhibit good character. Between 2000 and September 30, 2016, the National Registration Department (NRD) received 10,888 applications under Article 16, successfully granting citizenship to 7,422 individuals. More recently, from 2018 to June 15, 2023, a further 1,232 applications under this article were received.
Article 19 as a Route for Naturalisation

Citizenship by naturalisation, as outlined in Article 19 of the Federal Constitution, offers another avenue for pre-Merdeka born individuals to seek Malaysian citizenship. This article requires applicants to be at least 21 years old and to have resided in Malaysia for a minimum of 10 years within the 12-year period before their application. A declared intention to reside permanently in Malaysia, coupled with adequate knowledge of the Malay language and good character, are also mandatory requirements. Between 2019 and September 25, 2023, the NRD received 350 applications under Article 19 from pre-Merdeka individuals, with 63 being rejected and 286 still under processing.
Security Vetting and Character Assessment

A crucial component for citizenship applications under Article 15(1), Article 16, and Article 19 is the security vetting process, which serves to assess the applicant's 'good character'. This vetting is conducted by the police. For applications under Article 15(1) and Article 16, the security vetting is an internal process involving both the NRD and the police. In contrast, for Article 19 applications, the Home Ministry oversees the security vetting. The duration of this security vetting process has recently been reduced from 73 days to 14 days, following the implementation of an integrated online system.
Processing Timelines and Overall Procedure

The overall processing times for citizenship applications can vary significantly. For applications submitted under Article 15(1) and Article 16, which are handled at the NRD level, the process can take between one to three years. Applications made under Article 19, processed by the Home Ministry, typically require more than four years to reach a decision. It is important to note that the reduced security vetting period is only one part of the entire application process, which may also involve obtaining permanent resident status and fulfilling other eligibility criteria.

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Which constitutional articles apply to pre-Merdeka citizenship applications?

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