How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi, I am a british overseas citizen. I am married to an

This answer was rated:

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
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



Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 4 years 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


 

Hi,

Where and when were your parents born please?

Tom
Customer: replied 4 years ago.


mom...Uganda May 16 1944


dad...India April 22 1938


 


both have been citizens for over 5 years.

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 and other UK Immigration Law Specialists are ready to help you