Expired British Passport from Penang

[notmetoo]

Folks,

My father born in Penang in the '40s and was given a british passport as it was a colony of England at the time. Somewhere along the line Penang became part of Malaysia, and he was given a Malayisan passport sometime in the '60s. he never applied for the passport as far as I know. He is now an Australian citizen.

My question to the comunity, is can he get his British passport back. Am I able to get a british passport?

[ppron747]

Your father may be eligible for a British Overseas citizen passport, which is not a lot more useful than the Australian passport he already holds. When were you born?

[notmetoo]

I was born in 1967...also in Malaysia, but parents returned to Australia soon after. We are all Australian Citizens except my mum who is NZ.

[ppron747]

I think you're eligible for BOC as well, then.
But it doesn't carry with it the right of abode in UK, and I can't really see that it would give you much - if anything - that your Australian passport doesn't already give you.

[notmetoo]

Doesn't the BOC provide you with residency in the UK? Can you work in the UK under this passport. You can't under an Australian passport

[ppron747]

No and no, I'm afraid.

BOCs are subject to control under the Immigration Act, and have no more right to live and work in the UK than any other non-EU national.

The only advantage that I can think of now is that BOCs are entitled to be registered as British citizens after 5 years residence in UK, and need to have permanent residence only on the day of application. Australians and other nationals need to have permanent residence for one year on top of the 5 year residence requirement before applying for naturalisation as a BC. But you would need to qualify under the Immigration Rules to come here to live and work, in order to start this ball rolling.

There is one other advantage, but it cannot apply in your case, as you also hold another citizenship - many BOCs with no other citizenship have an entitlement to registration as a BC without needing to complete a UK residence requirement. But the rules are clear that you cannot renounce another citizenship in order to qualify.

[bertram]

If a BOC holder with no other nationality gets British citizenship are her children eligible for citizenship by descent?

[ppron747]

If you're talking about someone registered as a British citizen under section 4B of the Britisn Nationality Act 1981 (which is the special provision that came into force on 30 April 2003), the answer is generally no - people registered under that provision become British citizens by descent, and cannot generally transmit that citizenship to a further generation born outside the UK or qualifying British Overseas Territories.

[bertram]

Thanks
A wealth of knowledge you have Paul.

[ppron747]

Thanks
A wealth of knowledge you have Paul.

If only I had the wealth to go with the wealth!!

[JAJ]

The only advantage that I can think of now is that BOCs are entitled to be registered as British citizens after 5 years residence in UK, and need to have permanent residence only on the day of application.

Paul
Are you sure about the last point (in bold) - Section 4(2)(c) of the 1981 Act states that a British national applying for registration under the 5 year rule has to have permanent residence for 12 months.

[ppron747]

Oops -yes - sorry!
Bang goes that small advantage, then...

[JAJ]

AIUI the following are the advantages of BOC, over and above the most significant one of s4B registration for those with no other citizenship:

- visa free tourist entry to the UK (not relevant if one has another visa-free passport)

- entitlement to registration after 5 years in the UK under s4 of the 1981 Act, if ILR is held (simpler/quicker process than naturalisation)

- ILR is retained when outside the UK for more than 2 years (does this rule still exist?)

- working holiday visa eligibility (for those whose other citizenship is a non-Commonwealth/EEA/Swiss state)

- entitlement to vote etc when legally resident in the UK (for those whose other citizenship is non-Commonwealth/Ireland)

Otherwise it's pretty much like an honorary degree?