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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6058
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a british overseas citizen. I am married to an

Resolved Question:

Hi,

I am a british overseas citizen. I am married to an American soldier and have a permamnet resident card. I would like to renew my BOC passport or apply for british citizenship from the usa. Is this possible? what forms do I need to fill out etc?

thanks
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

In order for a British Oversseas Citizen to upgrade their citizenship from this to full UK citizenship otherwise than by descent the usual route is by residence in the UK.

You will see from the following link that in order to do this you must have 5 years continuous residence in the UK:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/britishnational/

If you meet this and the other requirements for applying in this way then you can do so.

The other less commonly used routes to upgrade are also on the page; crown service and for territories citizens (which does not apply to you).

If you cannot upgrade then you will have to renew your current passport.

Guidance on how to do so is contained here:-
https://www.gov.uk/overseas-passports



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Kind regards,


Tom
Customer: replied 10 months ago.

FAO Tom,


 


Hi,


 


1. Thanks for your response. I currently live in Arizona. Can I apply for passport (British Overseas Citizen) renewal from here or do I have to be in England? Can I enter England with this passport? will I need a visa?


 


I have not been a continuous resident in England for 5 years....but my both my parents are British Citizens....does that make me eligible to apply for British Citizenship?


 


Regards,


 


Mrs Pryer


 

Expert:  Thomas replied 10 months ago.
Hi,

Where and when were your parents born please?

Tom
Customer: replied 10 months ago.


mom...Uganda May 16 1944


dad...India April 22 1938


 


both have been citizens for over 5 years.

Expert:  Thomas replied 10 months ago.
Hi,

I'm afraid that your parents were british by descent. This means that they can only pass on their citizenship automatically so such of their children born in the UK. I assume you were not. Therefore you cannot acquite full UK citizenship at the present time on this basis and would instead have to fulfill the residence requirement.

You should be able to enter the UK on your current passport, once you have renewed it.

You should also be able to renew it from outside the UK if you follow the guidance on the above link.

If your husband would come to the UK with you to settle permanently then he would have to apply for an obtain a spouse visa for this.

Please rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
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