GEORGE TOWN, Oct 15 — Each year-end, Sim Kok Wah is filled with worry, wondering if it will be the year his son is no longer allowed to live and study in Malaysia.

The contract worker’s 12-year-old son, Sim Kheng Chye, was denied Malaysian citizenship at birth because his parents were unable to register their marriage beforehand.

As a result, Kheng Chye has been living in Malaysia as a Thai citizen, relying on an annual student pass issued by the immigration department.

"Each year, I have to get an offer letter from the education department for my son to continue his studies, and I use that letter to obtain a student pass so he can stay with us,” Kok Wah said during a joint press conference at the Penang Gerakan headquarters, alongside complaints bureau chief Andrew Ooi.

Kok Wah, 50, is Malaysian, while his wife, Buaphad Hong, is a Thai citizen.

When Hong became pregnant in 2011, the couple attempted to register their marriage but were unable to do so due to Hong’s ongoing insolvency case.

Kok Wah explained that the National Registration Department required an official letter from Thailand confirming Hong’s marital status as "single” before allowing them to register their marriage. This was necessary because Hong had previously been married to another Malaysian and had since divorced.

"My wife was not permitted to return to Thailand to obtain the letter due to the insolvency case, which prevented her from leaving the country,” he said.

They eventually obtained permission from the Malaysian Insolvency Department in 2013, after their son was born, allowing her to travel to Thailand and get the required document.

Kheng Chye was born in March 2012, and the couple only managed to register their marriage in late 2013.

Despite Kok Wah being listed as the father on the birth certificate, Kheng Chye was recorded as a non-citizen.

"I’ve tried several times to apply for Malaysian citizenship for him, but my applications were rejected without explanation,” Kok Wah said.

He added that he had even undergone a DNA test to confirm his paternity.

Kheng Chye was initially enrolled in a government school using his birth certificate.

"In 2021, the education department asked for a copy of my son’s Thai passport, or he wouldn’t be allowed to continue studying at the school,” Kok Wah said.

This left them with no option but to apply for a Thai passport for their son, thus confirming his Thai citizenship.

"Now, he’s considered a foreigner on a student pass and could be sent to Thailand if anything happens to me,” he said, adding that his wife has lived in Malaysia for over 30 years and they have no family in Thailand.

"I’m not insisting my son be granted citizenship, but at least give him and my wife permanent residency, so they don’t have to live in fear of being deported to Thailand,” Kok Wah said.

Meanwhile, Ooi said he would accompany Kok Wah to the National Registration Department to attempt another application for citizenship for his son, and to the Immigration Department to seek permanent residency.