Would my spouse be considered a BOC?

[fryguy]

My spouse was born in Penang, Malaysia in the early 70's, and her father and mother were both born in Penang...probably around 1945. Would she qualify as a British Overseas Citizen?

[noajthan]

My spouse was born in Penang, Malaysia in the early 70's, and her father and mother were both born in Penang...probably around 1945. Would she qualify as a British Overseas Citizen?

Interesting question - does this help:
http://www.immigrationboards.com/genera ... 11345.html
& here:
http://www.loyarburok.com/2011/02/06/du ... alaysians/

It seems to be a tricky legal area:
http://www.telegraph.co.uk/news/worldne ... fires.html
&
http://www.independent.co.uk/news/uk/po ... 40532.html

[fryguy]

Thanks, those are helpful resources. It would seem that while my spouse is a BOC, it means very little when it comes to gaining citizenship, rights to abide/work. Why retain the BOC category, then? It is sad, as Clegg points out, that numerous Penangites who renounced their citizenship (on the advice of immigration lawyers!) are now stateless because neither Malaysia nor Britain recognizes their status. :-/

[secret.simon]

Why retain the BOC category, then?

That has more to do with the decline of the British Empire and evolution of British Nationality law. A BOC is a British national (the UK is responsible for them in international law), but not a British citizen (no right to reside and take part in political life).

BOC is a mop-up category of British nationality, which the UK could not suddenly withdraw overnight. So, provisions were made for it to die gradually, through the efflux of time. So, for instance, it can not be inherited.

If your wife does not have any other nationality, she can register as a British citizen. If she had any other nationality at any point, unfortunately, she would not be eligible.