lost and confused - BOC Passport

[kyzer]

Hi Guys,

My wife to be currently holds a BOC passport shes from Penang Malaysia. She has lived in the UK since 2005 and we have been together for 6 years. I am British born and I'm not sure what I have to do to try and get her to the British citizen status. We plan to wed in Jan 2013.

Any help and advise would be great. I've search over the Internet but still very confused in what I actually have to do once we are married.

We are also planning to go on Honeymoon to Asia and would this be ok if she still holds a BOC passport ? would there be any issues coming back in to the UK

Thanks All.

[Lucapooka]

On what basis has she lived in the UK for the past seven years; what was her immigration status?

[kyzer]

I think she came here on a holiday visa and then during that time applied for BOC passport so im not 100% sure if her Malaysian citizenship had been renounced. If they gave her a BOC passport does that mean the Malay citizenship is automatically gone ? She did not receive confirmation from her solicitors of this.

I have checked her passport and their is nothing stamped or any comments in regards to the conditions of her stay. So I think she must be in a limbo state yet had not received anything from UKBA to say 'get out' etc .. she hasnt applied for ILR yet and I was thinking this was the first step.

My plan was once we get married apply for ILR sending our marriage certificate and also the cert of Living in UK test and see what happens. still not sure what we're doing and going to a solicitor again we are afraid as the last one she had gone to was ripping her off.

She arrived late 2005 applied for BOC and got the passport in 2007 the solicitors kept the passport until 2011 and only informed her then that she got it.

[JAJ]

I wouldn't expect a U.K. solicitor to be able to advise on Malaysian immigration/nationality law. You need a Malaysian lawyer for that. Unfortunately, even if she loses Malaysian citizenship it would be after 4 July 2002 so she can't apply for British citizenship as an otherwise stateless BOC.

The Home Office view is that she is probably still Malaysian, although only the Malaysians can give a definitive view. See section 2.10 of Annex D.
http://www.ukba.homeoffice.gov.uk/sitec ... chapter12/


You really do need to have a good U.K. solicitor to sort out this mess. If you are not confident in your existing solicitor, then find a new one. Make sure that the solicitor is an accredited immigration law specialist.

The problems you have include:

- that she may find it difficult to switch to spouse status in country (unless there is an exemption that covers her specific status).
- the BOC passport doesn't give a right to live in Britain and without such right, many countries don't even accept it as a travel document.
- the immigration rules for spouses have become much stricter, especially in July 2012.
- I would recommend that she not leave the U.K. without first getting advice from an immigration solicitor about a. how she may be readmitted, and b. how an absence might prejudice any claim to remain longer term.

Once again - a public forum is not going to be able to give you both the detailed, technical advice you need.

[kyzer]

Many thanks Jaj,

we have found a new solicitor and after we get married and have the marriage certificate in hand we will give these to the solicitor to sort out. I hope they will be able to do something.

Im more worried about our honeymoon leaving the country and coming back in

[asim72]

Happy New Year.

One thing I must say that be assured that most likely be a veryyyyyyy long wait before you are able to go out of UK, with your wife for a honeymoon. Please don't be under the impression that just a marriage certificate will somehow magically solve the problem, because it won't. It seems that right now she is an illegal immigrant in UK, and does not have any special rights because of her BOC.

Reading this might give you some insight. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


But there are lots of lovely places in UK for honeymoon.

Good Luck

[kyzer]

Happy New Year.

One thing I must say that be assured that most likely be a veryyyyyyy long wait before you are able to go out of UK, with your wife for a honeymoon. Please don't be under the impression that just a marriage certificate will somehow magically solve the problem, because it won't. It seems that right now she is an illegal immigrant in UK, and does not have any special rights because of her BOC.

Reading this might give you some insight. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


But there are lots of lovely places in UK for honeymoon.

Good Luck

yeah I understand. I just hope the solicitors can sort out this mess. Im just so confused with this situation.

out of interest. with the BOC passports do they normally have them sticker things with the conditions of stay as hers has nothing stuck at the back.

[asim72]

For (almost) all practical purposes, BOC passport is just like a foreign (non eu) passport. BOC passport is just a passport like a Chinese, Indian, Indonesian passport. The word "British" in a BOC passport means nothing.

Its good you have a solicitor, and I hope you have a good solicitor. Was just trying to put it across to you, that having a solicitor does not mean he will surely be able to sort out the mess. You are dealing with UK immigration. If there is a way out, there will be a way out, otherwise you will just be wasting your time. Many a times solicitors will be able to help you with a murder charge, but not in immigration matters.
Without going into lengthy details, my personal (not legal or professional) idea based on what I know about immigration rules, and court judgements about BOC's from malaysia who claimed loss of malaysian citizenship, is that there is at best a very extremely thinnest of thin chance of her stay getting regularised based on marriage.

With new rules that came in July 2012, even if somehow she gets some kind of regularisation, then still getting ILR (permanent status) in UK willl at least take over a decade.

[JAJ]

For (almost) all practical purposes, BOC passport is just like a foreign (non eu) passport. BOC passport is just a passport like a Chinese, Indian, Indonesian passport. The word "British" in a BOC passport means nothing.

As far as I am aware, there are two main differences:

1. A BOC passport is an acceptable document to travel to the United Kingdom (although not remain). In other words, it gives de-facto tourist access.

2. On the other hand, a BOC passport is often not accepted as a travel document by other countries unless it is endorsed with the right to remain in the United Kingdom.

Its good you have a solicitor, and I hope you have a good solicitor. Was just trying to put it across to you, that having a solicitor does not mean he will surely be able to sort out the mess. You are dealing with UK immigration. If there is a way out, there will be a way out, otherwise you will just be wasting your time. Many a times solicitors will be able to help you with a murder charge, but not in immigration matters.
Without going into lengthy details, my personal (not legal or professional) idea based on what I know about immigration rules, and court judgements about BOC's from malaysia who claimed loss of malaysian citizenship, is that there is at best a very extremely thinnest of thin chance of her stay getting regularised based on marriage.

Wouldn't it be a good start to at least find out if she is still a Malaysian citizen? If she applies for one in good faith, disclosing that she has a BOC passport? Could she get a Malaysian passport and return to Malaysia to lodge a spouse visa application?

With new rules that came in July 2012, even if somehow she gets some kind of regularisation, then still getting ILR (permanent status) in UK willl at least take over a decade.

Described (unofficially) at:
http://www.freemovement.org.uk/2012/08/ ... residence/

If she can get a Malaysian passport, a good solicitor should be able to explain the risks and consequences of either trying for ILR based on long residence, or going back to Malaysia to get a spouse visa.

If the Malaysians refuse her a passport and document that she's no longer a citizen, could the new rules give a basis to remain in the U.K.?[/i]

[ben_scaro]

it may not be hard to ascertain whether she is still a malaysian citizen.

if she received a borang-K document , that is 'form-K' sent to her after applying for renunciation, then there is no question - she is no longer a malaysian.

if she applied to renounce and has not received a borang-K, at this point, it is most unlikely that the renunciation would be progressed, and she may be regarded as still malaysian.

we are told such a BOC may have malaysian citizenship documents returned.

however, malaysia being malaysia, i would wait until this happens before saying anything definitive.

malaysia no longer accepts BOC renuncations following meetings with the ex-malaysian BOC representative body, queen's chinese UK, putting them in the picture about the problems BOCs have had in the UK regularising their status.

if she did not apply to renounce, then she'd still be malaysian, irrespective of holding a BOC passport. malaysia is regarded as intolerant of dual citizenship, but there is a clear constitutional process for revocation. someone holding two passports cannot be assumed by that fact alone to have automatically lost malaysian citizenship.

queen's chinese UK has prepared an independent report on BOCs and malaysian imigresen and nationality law with a leading KL law firm with a strong background in human rights and nationality. the report is available to QCUK members.

we also work with a number of good solicitors and barristers on this issue and can advise members on who to use.