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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I am Malaysian and certain that I am eligible for a BOC passport.

Customer Question

I am Malaysian and certain that I am eligible for a BOC passport. However, I am currently overstay in UK with no criminal records. How can I still apply a BOC passport?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

On what basis do you believe you are eligible for BOC?

Kind regards
Customer: replied 3 years ago.

Based on my parents status and I am borned before 1982

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Could you please confirm where you were born and when your parents obtained citizenship and how?

Kind regards
Customer: replied 3 years ago.

1. My father borned in China in 1930 and migrated to Malaya at the age of 5.


 


2. My mum borned in Malaya, place named Melaka.


 


 


3 Both my parent was a resident of Malaya before got independent from British in 1957. In fact I do have the certificate of Naturalization of my father. There are in theirs 80's in poor health.


 


4. I born in 1968 in Malaya, place called Melaka.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

British overseas citizenship is a category of citizenship that was created by the British Nationality Act 1981, which came into force on 1 January 1983.

You became a British overseas citizen on 1 January 1983 if:

• you were a citizen of the United Kingdom and Colonies on 31 December 1982; and
• you did not become either a British citizen or a British overseas territories citizen on 1 January 1983.

(Before 26 February 2002, the British overseas territories were known as the British Dependent Territories, and British overseas territories citizenship was known as British Dependent Territories citizenship. On this page, we refer to it by its current name, British overseas territories citizenship.)

In most cases, you became a British citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in the United Kingdom, or if you lived in the United Kingdom, while a citizen of the United Kingdom and Colonies, for at least five years at any time before 1 January 1983.

In most cases, you became a British overseas territories citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on 1 January 1983.

The territories are: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands and Dependencies, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena and Dependencies, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and Caicos Islands, and the Virgin Islands. (The sovereign bases of Akrotiri and Dhekelia do not count as qualifying territories for nationality purposes.)

South Georgia and the South Sandwich Islands were the dependencies of the Falkland Islands, but were not British overseas territories between 3 October 1985 and 3 December 2001.

I therefore believe that you would not qualify for BOC.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Hi there, I disagreed with your finding. Please double check. I know I am qualify for a BOC passport if I were to apply from Malaysia. There are many people getting BOC like me from Malaysia.


My case is I am overstay in UK now.


Please search more in the net. The key thing is I am currently overstay and I would like to apply directly from UK.

Customer: replied 3 years ago.

I am in this category:-


 


• you were a citizen of the United Kingdom and Colonies on 31 December 1982


 


Malaysia is a British Colonies.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

I do apologise for the oversight. The fact is that at this moment in time you have overstayed and have committed a criminal offence by overstaying.

However, there is nothing preventing you from applying for citizenship from the UK. But the guidance do state the following:

You should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. In other words you must have had the necessary permission under the immigration laws to be in the UK. You may be refused if you have been in breach of immigration laws during the residential qualifying period.

You should have been free from immigration time restrictions during the last 12 months of this period. Usually there is a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. If you do not have a passport or letter which says this and you have lived here many years you may still be free from an immigration time restriction.

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_bota.pdf

You will need to apply using the following link:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/britishnational/completingtheform/

Although there is nothing preventing you from apply for BOC from the UK, you may need to ask the Home office to exercise discretion is respect of you having overstayed in the UK and being illegal. It will then be dependent on them whether they allow you application for registration or not.

Is you have overstayed for less than 28 days then there is a chance that they will accept this application. If however, you have overstayed more than 28 days then it will be difficult to have this application approved. You should in this event return to your home country and for it from overseas.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Hi there, that sound sensible.


How could I make a case to valid/excuse my overstay in order to apply the BOC?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Whether a reason is valid or not will depend on the UKBA, and how they establish if the reasons stated by yourself in the application are genuine or not. You should be honest in respect of the reason and provide evidence to support the reason if necessary.

Reasons can be such as, medical, person ie family bereavement or financial etc.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards

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