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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Can i still apply for british oversea citizen passport now

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Can i still apply for british oversea citizen passport now ? Im born in penang before 1982 .my dad born in penang 1936 married with my mum in penang 1967 .
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Where do you currently live and what is your citizenship?









Customer: replied 3 years ago.

Live in Malaysia .Malaysian .Married a bno turn british citizen on january 2013.married register in las vegas

Hi

Thanks for your patience.

This is quite complicated I’m afraid.

You became a British overseas citizen on 1 January 1983 if:
1. you were a citizen of the United Kingdom and Colonies on 31 December 1982; and
2. you did not become either a British citizen or a British overseas territories citizen on 1 January 1983.
If a person was born in Penang then it has been quite difficult in the past to work out their status because of the way various independent acts have worked.

Because you were born before before 1983 I believe that you would only have obtained British Overseas Citizenship if it was passed to you by descent from your father.

In the case of persons of Penang (of Malacca) there was no provision for the loss of Citizens of the United Kingdom & the Colonies (CUKC) status before 31 August 1957. Therefore, your father was probably a CUKC and as you are descended on generation from him you were probably also a CUKC.

On this basis, you would appear to qualify for the first part of the above criteria.

Given that you did not become (obviously) a British Citizen on 1 Jan 1983 and Malaysia/Penang did not form part of the British Overseas Territories then you would also appear to meet the second of the criteria.

On this basis it appears as if you may be eligible for British Overseas Citizenshhip.

Your marriage to a BNO does not change this, nor does it afford you any additional rights though.



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Tom
Customer: replied 3 years ago.
I should have make myself cleare . I'm asking if I could get british overseas passport not citizenship . My husband is now a british citizen after holding bno passport several years .
Hi,

I am in a meeting for an hour or so now, I will reply shortly thereafter..

Tom
Thomas, Solicitor
Satisfied Customers: 7473
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

I would assume that you can apply for a BOC passport on the basis of the above facts, but it's impossible to be certain without access to all your information.

The fact that your spouse has received their UK citizenship in full does not really make a difference so far as I can see because in order to upgrade to full citizenship from BOC you would have to have a period of residence in the UK, which I assume you do not have.

Tom

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