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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13326
Experience:  Solicitor
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I am a UK born citizen. I am married (24 years) to a South

Customer Question

<p>I am a UK born citizen. I am married (24 years) to a South African citizen. WE have however been living in the Cayman Islands (BOT) for 9 years. We have permanent residency here.(previous to this in SA) Does this qualify my husband the right to apply for a British Passport.</p><p>I would also like to confirm that the BOT residency also applies to my son ( a UK passport holder through my citizenship) as he wishes to join the RAF. Current RAF eligibility requires a 3 year residency in the UK just prior to enlistment. Does residency in Cayman islands qualify him?</p>
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
I am afraid your husband has no right to XXXXX - He would need to be resident here for five years and whilst there is not doubt he could get permission to reside here that does not help immediately. He may be able to seek a cayman passport but citizenship of a British overseas territory does not give you full British citizenship or the right of abode here. Your son of course has full British citizenship and the right of abode here.

Your son is eligible to join the RAF if he went to school in an EU or commonwealth country
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.

Thank you. Is there only one kind of British passport ie one that offers citizen ship? Whats the difference between a british citizen and british national?

Re son, is Cayman considered a commonwealth country?

Expert:  Senior Partner replied 6 years ago.
British National is generic term for all kinds of citizenships including citizen of a british overseas territory.

Only British Citizenship which is what you and your son have gives you an automatic right to enter the UK and reside there. Other British Nationals are subject to the immigration rules and need the right of abode ( from having british ancestry for example). So if your husband was able to obtain Cayman citizenship it would not afford him the right to come to the uK. Cayman is not a commonwealth country as it is a British overseas territory. Logically that ought to count as part of ht e UK fro RAF purposes but the rules as stated only refer to commonwealth and EU countries so you will need to check with the RAF if that is where your son was educated.