Guidance

British overseas territories citizens (accessible version)

Updated 4 November 2022

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Version 9.0

Guidance for His Majesty’s Passport Office staff about the British overseas territories citizen (BOTC) nationality status and how to deal with BOTC passport applications

About: British overseas territories citizens

This guidance tells His Majesty’s Passport Office operational staff how to deal with applications sent directly to us, from customers who hold British overseas territories citizenship (BOTC).

For the purpose of this guidance, you must treat any reference to BOTC as British dependent territories citizenship (BDTC), if a customer had a claim to BDTC before 21 May 2002.

This guidance does not apply to customers applying for a BOTC variant passport. Customers who apply for a BOTC variant passport will apply through their territory office and a dedicated team in Peterborough will deal with the application.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Guidance & Quality, Operating Standards.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email Guidance & Quality, Operating Standards.

Publication

Below is information on when this version of the guidance was published:

  • version 9.0

  • published for Home Office staff on 26 September 2022

Changes from last version of this guidance

This guidance has been updated to reflect the change in our sovereign from Her Majesty Queen Elizabeth II to His Majesty King Charles III.

British overseas territories citizenship

This section tells HM Passport Office operational staff about the British overseas territories citizenship (BOTC) nationality status.

Before 1 January 1983, British nationals who were born in (or had a connection with) the United Kingdom or a British colony, held the status of British subject citizen of the UK and Colonies (BSUKC).

The British Nationality Act 1981 came into force on 1 January 1983 and renamed colonies that did not become independent, as dependent territories. It also introduced the status of British dependent territories citizen (BDTC).

The dependent territories on 1 January 1983, were:

  • Anguilla

  • Bermuda

  • British Antarctic Territory

  • British Indian Ocean Territory

  • British Virgin Islands

  • Cayman Islands

  • Falkland Islands and dependencies (South Georgia and the South Sandwich Islands separated from the Falkland Islands on 3 October 1985)

  • Gibraltar

  • Hong Kong (from 1 July 1997 reverted to Chinese control see British national overseas guidance)

  • Montserrat

  • Pitcairn, Henderson, Ducie and Oeno Islands

  • St Helena and Dependencies (renamed as St Helena, Ascension and Tristan da Cunha on 1 September 2009)

  • St Christopher and Nevis (also known as St Kitts and Nevis) gained independence 19 September 1983

  • The Sovereign Base Areas of Akrotiri, Dhekelia and Episkopi in Cyprus

  • Turks & Caicos Islands

The British Overseas Territories Act (BOTA) 2002

The British Overseas Territories Act (BOTA) 2002 came into force on 21 May 2002 and amended the British Nationality Act 1981. The main changes were:

  • ‘British dependent territories’ changed to ‘British overseas territories’

  • ‘in the United Kingdom’ changed to ‘in the UK or in a qualifying territory on or after the appointed day’

  • the status of BDTC was renamed as ‘British overseas territories citizen’ (BOTC)

  • ‘British Dependent Territories citizens’ changed to ‘British overseas territories citizens’ in the relevant sections

  • anyone who was a BDTC on the 21 May 2002 automatically became a British citizen (BC), except those with a connection to The Sovereign Base Areas of Akrotiri, Dhekelia and Episkopi in Cyprus

Status shown in British passports held by BOTC customers

Depending on when the customer was issued a passport, their status may show (British overseas territories citizen (BOTC) or British dependent territories citizen (BDTC). Passports issued:

  • before 21 May 2002, will show the status as British dependent territories citizens
  • on or after 21 May 2002, will show the status as British overseas territories citizen

Rights of BOTC status

The rights of a customer with British overseas territories citizen (BOTC) status will depend on if they also hold British citizen status.

Holders of both the BOTC and BC status

Anyone who holds British overseas territories citizen (BOTC) and British citizen status has the same rights as those who hold BC status (for example, visa free travel to many countries and the right to live and work in the UK).

Holders of BOTC status only

Anyone who only has British overseas territories citizen (BOTC) status:

  • has the right, to:

    • visa free travel to many countries

    • visit the UK for up to 6 months, without a visa

  • does not automatically have the right of abode or right to work in the UK or any of the remaining dependent territories

BOTC’s who became British citizens

Customers who are British overseas territories citizens (BOTC) may have an automatic claim to British citizenship through 2 different British nationality acts. These are, the:

  • British Nationality (Falkland Islands) Act 1983, which:

    • is dated 1 January 1983 and was given royal assent on 28 March 1983 (in line with the British Nationality Act 1981)

    • gives customers with a connection to the Falkland Islands an automatic claim to British citizenship

  • British Overseas Territories Act (BOTA) 2002, which automatically gives British citizenship to:

    • all customers (except those who got their status through the Sovereign Base Areas of Akrotiri, Dhekelia and Episkopi in Cyprus) who held BDTC status on 21 May 2002

    • customers who have an automatic claim to British overseas territories citizenship since 21 May 2002

Customers who register as BOTCs after 21 May 2002 do not automatically become a British citizen. These people must register as British citizens.

A customer who is a BOTC and eligible for a BC passport, can apply for (and hold) a BOTC and BC passport at the same time.

BOTC: born before 1 January 1983

This section tells HM Passport Office examiners how some British nationals became British overseas territory citizens (BOTCs) on the 1 January 1983.

Section 23 of the British Nationality Act 1981 relates to people who were British subjects, citizens of the United Kingdom and Colonies (BSUKC) through a connection with a British territory before 1 January 1983. These people automatically became British overseas territories (BOT) citizens on that date if they met certain criteria.

BOTC: section 23(1) of the British Nationality Act 1981

A BSUKC born before 1 January 1983, automatically became a British overseas territory citizen (BOTC) on 1 January 1983 under section:

  • 23(1)(a), if they were born, registered or naturalised in any remaining dependent territory

  • 23(1)(b), if they were born outside of a dependent territory and had a parent or grandparent born, registered or naturalised in any dependent territory (nationality can only be passed from a grandparent, if the parent is a BOTC as well)

  • 23(1)(c), if they were a woman who is (or was) married to a man before 1 January 1983 who was a BOTC on that date

A BOTC status under section:

  • 23(1)(a) must be recorded as BOTC 23(1)(a) BNA’81 other than by descent (OTBD)

  • 23(1)(b) must be recorded as BOTC 23(1)(b) BNA’81 by descent (BD)

  • 23(1)(c) must be recorded as:

    • BOTC 23(1)(c) BNA’81 OTBD, if the man the woman was married to was OTBD

    • BOTC 23(1)(c) BNA’81 BD, if the man the woman was married to was BD

BOTC: section 23(2) of the British Nationality Act 1981

A BSUKC became a British overseas territory citizen (BOTC) under section 23(2) if they registered outside the dependent territories as, a:

  • child under section 7 of the British Nationality Act (BNA) 1948 and both of the following apply:

    • either of their parents was a BSUKC at the time of their registration

    • their parent became a BOTC on 1 January 1983

  • stateless person under section 1 of the BNA (part 2) 1964 and both of the following apply:

    • their mother was a BSUKC at the time of their registration (under BNA (part 2) 1964)

    • their mother became a BOTC on 1 January 1983

A BOTC status under section 23(2) must be recorded as BOTC 23(2) BNA’81 OTBD.

BOTC: section 23(3) of the British Nationality Act 1981

A BSUKC became a British overseas territory citizen (BOTC) under section 23(3) if before 1 January 1983, they were a BSUKC by registration under subsection 6 of section 12 of the BNA’48 when all of the following apply:

  • the customer registered as a BSUKC adult outside of a remaining dependent territory before 1 January 1949

  • their father was BSUKC by ether:

    • birth or naturalisation in the UK (or colony)

    • annexation of any territory in a British overseas territory

A BOTC status under section 23(3) must be recorded as BOTC 23(3) BNA’81 BD.

BOTC: section 23(4) of the British Nationality Act 1981

A BSUKC became a British overseas territory citizen (BOTC) under section 23(4) if before 1 January 1983, they were a BSUKC by registration under section 1 of the British nationality Act 1964 and all of the following apply:

  • they registered outside of a remaining dependent territory

  • they registered because they:

    • have a connection to a remaining territory

    • are a woman, married to a person who at the time of her registration had a connection to a remaining territory

A connection is where the person, their father or grandfather was:

  • born in a remaining dependent territory

  • naturalised in a remaining dependent territory

  • registered in a remaining dependent territory

  • a British subject because of annexation of any territory included in a remaining territory

A BOTC status under section 23(4) must be recorded as:

  • BOTC 23(4) BNA’81 OTBD, if either of the following apply:

    • the customer got their status in their own right

    • the customer is a woman who got their status through marriage to a man who was OTBD

  • BOTC 23(4) BNA’81 BD, if either of the following apply:

    • the customer got their status through their father or paternal grandfather

    • the customer is a woman who got their status through marriage to a man who was BD

BOTC: born on or after 1 January 1983

This section tells HM Passport Office examiners how people born on, or after 1 January 1983 became a British overseas territory citizen (BOTC).

When the British Nationality Act 1981 became law on 1 January 1983, it introduced the status of British dependent territory citizen (BDTC) for customers who had a connection to a British dependent territory.

From the 21 May 2002 BDTCs were renamed British overseas territory citizens, when the British Overseas Territory Act 2002 became law. For the purpose of this guidance BDTC status is referred to as BOTC.

BOTC: section 15 of the British Nationality Act 1981

A person who became a British overseas territory citizen (BOTC) under section 15 of the British Nationality Act (BNA) 1981, will be British otherwise than by descent (OTBD).

BOTC: section 15(1)(a) of the British Nationality Act 1981

A customer is a BOTC under section 15(1)(a), if they were born in a dependent territory and at the time of birth (ATOB) either parent was a BOTC.

A BOTC status under section 15(1)(a) must be recorded as BOTC 15(1)(a) BNA’81 OTBD.

BOTC: section 15(1)(b) of the British Nationality Act 1981

A customer is a BOTC under section 15(1)(b), if they were born in a dependent territory and ATOB either parent was settled (or was a ‘belonger’) in a dependent territory.

A BOTC status under section 15(1)(b) must be recorded as BOTC 15(1)(b) BNA’81 OTBD.

BOTC: section 15(2) of the British Nationality Act 1981

A customer is a BOTC under section 15(2), if they were found abandoned as a new born infant in a dependent territory.

A BOTC status under section 15(2) must be recorded as BOTC 15(2) BNA’81 OTBD.

BOTC: section 15(3) of the British Nationality Act 1981

A customer is a BOTC under section 15(3), if they were registered in a dependent territory and either of the following apply:

  • their parent became a BOTC after they were born

  • their parent settled (or was a belonger) in a dependent territory, after they were born

A BOTC status under section 15(3) must be recorded as BOTC 15(3) BNA’81 OTBD.

BOTC: section 15(4) of the British Nationality Act 1981

A customer is a BOTC under section 15(4), if they were registered in a dependent territory and all of the following apply:

  • they were born in a dependent territory

  • they did not get BOTC at birth (because neither of their parents was a BOTC or settled (or a belonger) in a remaining dependent territory)

  • they were over ten years of age

  • they lived in the remaining dependent territory for the first ten years of their life

A BOTC status under section 15(4) must be recorded as BOTC 15(4) BNA’81 OTBD.

BOTC: section 15(5) of the British Nationality Act 1981

A customer is a BOTC under section 15(5), if they were adopted as a minor (under 18 years old) in a dependent territory and at the time of adoption, either of the adopters a BOTC.

A BOTC status under section 15(5) must be recorded as BOTC 15(5) BNA’81 OTBD.

BOTC: section 15(5A) of the British Nationality Act 1981

A customer is a BOTC under section 15(5A), if they were adopted as a minor (under 18 years old) outside of a dependent territory and both of the following apply:

  • they were adopted under a Hague Convention adoption

  • at the time of their adoption, either of their adopters was a BOTC and habitually resident (permanently settled or was a belonger) in the same dependent territory

A BOTC status under section 15(5A) must be recorded as BOTC 15(5A) BNA’81 OTBD.

What the term ‘belonger’ means in a British overseas territory

‘Belonger status’ is a legal term normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for ‘belonger status’ vary from territory to territory.

If the customer has belonger status in a territory, it’s the same as having indefinite leave to remain or indefinite leave to enter (being settled).

BOTC: section 16 of the British Nationality Act 1981

Section 16 of the British Nationality Act 1981 could apply to people born on or after 1January 1983 outside a dependent territory if their parent was a British overseas territory citizen (BOTC).

BOTC: section 16(1)(a) of the British Nationality Act 1981

A customer is a BOTC under section 16(1)(a), if they were born outside a dependent territory and at time of birth (ATOB), either parent was a BOTC, OTBD.

You must record the customers status as BOTC 16(1)(a) BNA’81 BD.

BOTC: section 16(1)(b) of the British Nationality Act 1981

A customer is a BOTC under section 16(1)(b), if they were born outside of a dependent territory and ATOB, either parent was a BOTC in crown service under the government of a dependent territory.

You must record the customers status as BOTC 16(1)(b) BNA’81 OTBD.

BOTC: section 17 of the British Nationality Act 1981

A person became a British overseas territory citizen (BOTC) under section 17 BNA’81 if they were registered in a remaining dependent territory as a BOTC when they were a child.

Customers who apply to register as a BOTC under section 17A, 17C, 17D, 17E or 17F can also register as a British citizen under section 4K at the same time. They must send us the relevant registration certificates showing which section of the BNA’81 they are registered under before we will consider issuing a British passport.

BOTC: section 17(1) of the British Nationality Act 1981

A customer is a BOTC section 17(1), if they were registered as a minor at the discretion of the Secretary of State.

You must record the customers status as:

  • BOTC 17(1) BNA’81 OTBD (if neither parent was BOTC at the time of their birth)

  • BOTC 17(1) BNA’81 BD (if either parent was a BOTC at the time of their birth)

BOTC: section 17(2) of the British Nationality Act 1981

A customer is a BOTC under section 17(2) if they were registered because of both of the following:

  • they were born outside of the British overseas territories

  • at the time they were born, either of the following apply:

    • their mother was a BOTC by descent and their maternal grandmother or grandfather was (or would have been, if they had not died) a BOTC otherwise than by descent on 1 January 1983

    • their father was a BOTC by descent and their paternal grandmother or grandfather was (or would have been, if they had not died) a BOTC otherwise than by descent on 1 January 1983

You must record the customer’s status as BOTC sec 17(2) BNA’81 BD.

BOTC: section 17A of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration for customers who would have automatically become a BOTC if women were able to pass on their citizenship in the same way as men.

A customer is a BOTC under section 17A of the British Nationality Act 1981 if they were registered because they meet all of the following criteria:

A customer registered under 17A is a BOTC by descent. You must record their status as ‘BOTC 17A BNA’81 BD’.

BOTC: section 17C of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration for customers who would have automatically become a BOTC (or been able to register as a BOTC) if their parents had been married.

A customer is a BOTC under section 17C of the British Nationality Act 1981 if they were registered because they meet all of the following criteria:

  • at the time they were born, their mother was either:

    • not married

    • married to someone other than their natural (biological) father

  • nobody is considered to be their father under:

  • nobody is considered to be their parents under section 42 or 43 of the Human Fertilisation and Embryology Act 2008

  • they have never been a BDTC or BOTC

  • had their mother been married to their natural father at the time they were born, they would have been able to register as a BOTC under any of the following sections of the British Nationality Act 1981:

    • section 15(3)

    • section 17(2)

    • section 17(5)

    • paragraph 4 of Schedule 2

    • paragraph 5 of Schedule 2

A customer registered under 17C is a BOTC by descent if their registration was on the basis they would have been able to register under section 17(2) (if their parents were married), otherwise they are a BOTC other than by descent.

Atlas will show if the customer’s status is by descent or other than by descent. You must record the customer’s status as:

  • ‘BOTC 17C BNA’81 OTBD’ (if Atlas shows the status is other than by descent)

  • ‘BOTC 17C BNA’81 BD’ (if Atlas shows the status is by descent)

BOTC: section 17D of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration for customers who would have automatically become a BOTC (or been able to register as a BOTC) if their parents had been married.

A customer is a BOTC under section 17D of the British Nationality Act 1981 if they were registered because they meet all of the following criteria:

  • at the time they were born, their mother was either:

    • not married

    • married to someone other than their natural (biological) father

  • nobody is considered to be their father under:

  • nobody is considered to be their parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008

  • they have never been a BDTC or BOTC

  • had their mother been married to their natural father at the time they were born, either of the following apply:

    • they would have automatically become a BDTC at birth under section 15(1), section 16 or paragraph 1 of Schedule 2 of the British Nationality Act 1981 and then a BOTC under section 2 of the British Overseas Territory Act 2002

    • they would have automatically become a BOTC at birth under section 15(1), section 16 or paragraph 1 of Schedule 2 of the British Nationality Act 1981

A customer registered under section 17D is a BOTC by descent if the citizenship they would have gained at birth would have been by descent.

Atlas will show if the customer’s status is by descent or other than by descent. You must record the customer’s status as:

  • ‘BOTC 17D BNA’81 OTBD’ (if Atlas shows the status is other than by descent)

  • ‘BOTC 17D BNA’81 BD’ (if Atlas shows the status is by descent)

BOTC: section 17E of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration for customers who would have automatically become a BOTC (or been able to register as a BOTC) if their parents had been married.

A customer is a BOTC under section 17E of the British Nationality Act 1981 if they were registered because they meet all of the following criteria:

  • at the time they were born, their mother was either:

    • not married

    • married to someone other than their natural (biological) father

  • nobody is considered to be their father under:

  • nobody is considered to be their parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008

  • they have never been a BDTC or BOTC

  • they were a Citizen of the UK and Colonies or if their parents had been treated equally, they would have either:

    • become a Citizen of the UK and Colonies under section 5, section 12(2), section 12(3), section 12(4), section 12(5) or paragraph 3 of Schedule of the British Nationality Act 1948

    • not have lost their status as a Citizen of the UK and Colonies as a result of any independence legislation

  • they would have automatically become a BDTC under section 23 of the British Nationality Act 1981 had their mother of been married to their natural father at time they were born and then a BOTC automatically under section 2 of the British Overseas Territory Act 2002

A customer registered under section 17E is a BOTC by descent. You must record the customer’s status as ‘BOTC 17E BNA’81 BD’.

BOTC: section 17F of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration for customers who would have automatically become a BOTC (or been able to register as a BOTC) if their parents had been married.

A customer is a BOTC under section 17F of the British Nationality Act 1981 if they were registered because they meet all of the following criteria:

A customer registered under section 17F is a BOTC by descent. You must record the customer’s status as ‘BOTC 17F BNA’81 BD’.

BOTC: section 17I of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new discretionary registration route.

A customer can register as BOTC under section 17I of the British Nationality Act 1981 if both of the following apply:

  • the customer is an adult

  • in the Secretary of State’s opinion, the customer would have been (or been able to become) a British citizen but for any of the following:

    • historical legislative unfairness

    • an act or omission of a public authority

    • exceptional circumstances relating the customer

A person registered under section 17I could be a BOTC by descent or other than by descent and Atlas will show which one it is. You must record the customer’s status as:

  • ‘BOTC 17I BNA’81 OTBD’ (if Atlas shows the status is other than by descent)

  • ‘BOTC 17I BNA’81 BD’ (if Atlas shows the status is by descent)

BOTC: section 18 of the British Nationality Act 1981

A person became a British overseas territory citizen (BOTC) under section 18 if they naturalise as a BOTC.

BOTC: section 18(1) of the British Nationality Act 1981

A customer is a BOTC under section 18(1), if they naturalised as an adult in a British overseas territory.

You must record the customer’s status as BOTC 18(1) BNA’81 OTBD.

BOTC: section 18(2) of the British Nationality Act 1981

A customer is a BOTC under section 18(2), if they naturalised as an adult and they are married (or in a civil partnership) with someone who is a BOTC

You must record the customer’s status as 18(2) is BOTC 18(2) BNA’81 OTBD.

BOTC: section 19 of the British Nationality Act 1981

A person became a British overseas territory citizen (BOTC) under section 19, if they were born outside of a dependent territory and both of the following apply:

  • they lived in a dependent territory for 5 years

  • they registered as a BDTC before 31 December 1987 (they were given 5 years to apply)

If the customer registered under section 19 BNA’81, you must record their status as BOTC 19 BNA’81 OTBD.

BOTC: section 20 of the British Nationality Act 1981

A woman could register as a British overseas territory citizen (BOTC) under section 20, if the following both applied:

  • they were married to a BOTC before 1 January 1983

  • they registered before 31 December 1987 (they were given 5 years to apply)

You must record the customer’s status as:

  • BOTC 20 BNA’81 BD (if the woman’s husband was a BOTC BD)

  • BOTC 20 BNA’81 OTBD (if the woman’s husband was BOTC OTBD)

BOTC: schedule 2 of the British Nationality Act 1981

A person is entitled to register as a British overseas territory citizen (BOTC) under Schedule 2, if they are considered stateless (for example, they do not qualify for British or foreign nationality).

Changes made as a result of the Nationality and Borders Act 2022 mean a customer under the age of 18 will only qualify for registration under paragraph 3 of schedule 2 if they cannot reasonably gain another nationality.

While schedule 2 of the British Nationality Act 1981 is OTBD, it allows for registration as, a:

  • British citizen

  • British overseas citizen

  • British subject

  • British overseas territories citizen

You must record the customer’s status as BOTC schedule 2 BNA’81 OTBD.

Section 6 of the British Overseas Territories Act 2002 states a person with a link to the British Indian Ocean Territory (the Chagos Islands) may become a BOTC, if all of the following apply:

  • born on, or after 26 April 1969 and before 1 January 1983

  • born to a woman, who at the time was a citizen of the United Kingdom and Colonies because she was born in the British Indian Ocean Territory

  • not already a BOTC

You must record the customer’s status under Section 6 of the British Overseas Territories Act 2002 as BOTC 6(3) BOTA ’02 BD.

BOTC status after independence in St Christopher and Nevis

St Christopher and Nevis (also known as St Kitts and Nevis) gained independence after the British Nationality Act 1981 was introduced. A person who became a citizen of St Christopher and Nevis would lose their BOTC status, unless they got it through a connection to a remaining dependent territory.

Passport applications from BOTCs

This section tells His Majesty’s Passport Office operational staff how to process an application for a British overseas territories citizen (BOTC) passport sent directly to us. It does not include guidance on how to deal with applications sent through immigration offices in a British overseas territory.

Customers applying for a British overseas territories citizen (BOTC) passport, can:

  • apply for, a:

    • variant passport, by making an application at the correct territory office

    • non-variant passport, by making an application direct to HM Passport Office

  • have:

    • a variant passport and a non-variant passport at the same time

    • as many variant books that they are entitled to hold at any one time

    • only one 1 non-variant book at one time (unless they need an additional passport

You (the examiner), must make sure the customer’s personal details are the same on all their passports, for example, if they have:

  • a BOTC and British citizen passport

  • more than 1 variant passport

  • a foreign passport or identity card

BOTC applications: what customers must send us

When a customer makes an application direct to HM Passport Office for a British overseas territories citizen (BOTC) passport, they must send:

  • a completed application (they must fill in the sections for the service they want)

  • passport photos

  • the correct fee

  • the required documents (depending on where they are applying from) and the service they are applying for, for example the customer’s:

    • identity and nationality documents for overseas applications

    • full birth certificate (needed for all change of nationality applications)

    • parents and grandparents birth certificates and marriage certificates (where needed)

    • change of name documents

If a customer cannot send us the documents you need, you must ask them:

  • why they cannot

  • for alternative documents or evidence

If a customer cannot give us alternative documents or evidence, we may be able to consider their application using a balance of probabilities (see supporting documents not available guidance, for who deals with balance of probability decisions).

How to deal with first time BOTC passport applications

You must deal with a customer’s British overseas territories citizen (BOTC) application using existing first time applications guidance, if they are a BOTC and they:

  • have never held a British passport in their own right

  • are renewing or replacing an Old Blue (hardback style) passport

  • are renewing or replacing a red (machine readable style) passport that is not on Main Index (MI) or G-search

This may mean the customer needs to attend an interview.

When dealing with the application, you must:

1. Make sure the customer holds BOTC status (in line with nationality legislation and this guidance).

2. Be satisfied the customer has given enough evidence to confirm their nationality and identity.

3. Make sure there are no entitlement reasons why we cannot issue a passport, for example:

  • fraud or safeguarding (protection) concerns

  • risk indicators

  • court orders

4. Consider if you have fraud or safeguarding concerns and if you do, you must:

  • refer an AMS application to Enhanced Application Checking

  • complete additional checks if you are processing on DAP

5. If you are dealing with the application on AMS:

  • check the nationality status shows ‘British Overseas Territories Citizen’ on the ‘Prepare passport’ tab

  • case note the status, and include the details of the checks you have done and the outcomes

6. If you are dealing with the application on DAP:

  • use the Nationality task to record the customer’s status as ‘British Overseas Territories Citizen’

  • case note the details of the checks you have done and the outcomes

7. Add the correct UK immigration observations to the passport.

8. Not add any BOTC territory immigration observations, for example:

  • observation code OBTC: THE HOLDER IS A BRITISH OVERSEAS TERRITORIES CITIZEN

  • observation code OBTD: THE HOLDER HAS RIGHT THE OF ABODE IN [TERRITORY]

  • only the Peterborough BOTC team will add a territory immigration observation and they will only do it on a Bermudan variant passport. The observation will show: THE HOLDER IS REGISTERED AS BERMUDIAN

9. Send the customer letter 138 to tell them:

  • we no longer add a territory immigration observation to BOTC passports

  • if they want a territory immigration observation adding to their passport, they must contact their territory immigration office

10. Pass the application, for:

  • issue, if the customer does not need to attend an interview

  • interview, if current guidance tells you

11. Check if the customer has other valid British passports. If they do, you must add a Main Index (MI) passport note to all their valid British passport records to show details of the British passports they hold.

If the customer is applying for a British citizen (BC) passport at the same time, you must refer to British citizen guidance for how to process the application.

How to renew or replace a BOTC passport

If a customer applies to renew or replace their British overseas territories citizen (BOTC) and they:

  • are eligible for BC status, you must ask them what status they want on their passport (if it’s not already clear from the application)

  • previously had a variant passport and they live in the same territory, you must ask them if they want a variant or non-variant passport

The customer must confirm by letter or email if they want, a:

  • BOTC or BC passport

  • variant or non-variant passport

BOTC renewal: customers wants a variant passport

If a customer wants to renew their British overseas territories citizen (BOTC) passport with a variant passport, you must:

1. Tell them they must reapply through their local territory office.

2. Return any supporting documents.

3. Keep the fee for the return of supporting documents and refund the rest of the fee (see passport fees for refunds and fees relating to the return of documents).

4. Add a case note to explain the actions and decisions you made.

5. Withdraw the application from the system.

BOTC renewal: customer wants a non-variant passport

If a customer wants to renew their British overseas territories citizen (BOTC) (or British dependent territory citizen (BDTC)) passport with a non-variant passport, you must:

1. Be satisfied the customer has given us enough evidence to confirm their nationality and identity.

2. Make sure there are no entitlement reasons why we cannot issue a passport, for example:

  • fraud or safeguarding (protection) concerns

  • risk indicators

  • court orders

3. Consider if you have fraud or safeguarding concerns and if you do, you must:

  • refer an AMS application to Enhanced Application Checking

  • complete additional checks if you are processing on DAP

4. Check the documents and evidence to make sure you have no concerns with our decision to issue the customer’s old BOTC passport.

5. Confirm the customer’s nationality.

6. Compare the customer’s photo and personal details on MI, G-search or X drive, with details on their application and supporting documents. If the details do not match, you must confirm the customer’s identity and ask them to resolve the differences.

7. Add a case note the application to show if you found a record for the customer, for example:

  • ‘Main Index/G:search/X Drive check record not held’

  • ‘Main Index/G:search/X Drive check record confirmed’

8. Case note that the previous record on MI shows BOTC status. If the record does not show the customers status you must case note their full status.

9. Check the nationality status shows ‘British Overseas Territories Citizen’ on the ‘Prepare passport’ tab on AMS.

10. Add the correct UK immigration observations to the passport.

11. Not add any BOTC territory immigration observations, for example:

  • observation code OBTC: THE HOLDER IS A BRITISH OVERSEAS TERRITORIES CITIZEN

  • observation code OBTD: THE HOLDER HAS RIGHT THE OF ABODE IN [TERRITORY]

  • only the Peterborough BOTC team will add a territory immigration observation and they will only do it on a Bermudan variant passport. The observation will show: THE HOLDER IS REGISTERED AS BERMUDIAN

12. Send the customer AMS letter 138 to tell them:

  • we no longer add a territory immigration observation to BOTC passports

  • if they want a territory immigration observation adding to their passport, they must contact their territory immigration office

13. Add a case note to explain the checks you have done and the outcome.

14. Issue the BOTC passport.

15. Cancel and return the old BOTC (or BDTC) passport.

16. Check if the customer has other valid British passports. If they do, you must add an MI passport note to all their valid British passport records to show details of the British passports they hold.

BOTC replacement: customer wants a non-variant passport

If a customer wants to replace their lost or stolen British overseas territories citizen (BOTC) (or BDTC) passport with a non-variant passport, you must deal with the application in line with, the:

BOTC UK immigration observations

This section tells HM Passport Office operational staff what UK immigration observations they must add to a British overseas territories citizen (BOTC) passport.

When we issue a customer with a British overseas territories citizens (BOTC) passport, we must add the correct UK immigration observation. Some BOTC passports will not need one, for example, if the customer is a dual British citizen. If we need to add a UK immigration observation, it will either be:

  • subject to immigration control (STC) observation code OBTB, that says:

THE HOLDER IS SUBJECT TO CONTROL UNDER THE IMMIGRATION ACT 1971

  • re-admission to the UK (RUK) observation code OBTE, that says:

THE HOLDER IS ENTITLED TO RE-ADMISSION TO THE UNITED KINGDOM

If we need to add a UK immigration observation but do not use the correct one, especially for customers in the UK, it may:

  • mean if they leave the UK, they can have difficulty when the try to return

  • create similar issues seen with Windrush customers

When deciding if a BOTC passport needs a UK immigration observation and which one to use, our decision will depend on:

  • if a customer is a dual British citizen

  • if a customer is in the UK or overseas

  • how long a customer has been in the UK

  • what UK immigration observations are in a customer’s previous passports

  • any immigration documents a customer has from UK Visas and Immigration (UKVI)

Customer applies for their first BOTC passport

If a UK or overseas customer applies for their first British overseas territories citizens (BOTC) passport, you must check if they are:

  • a dual British citizen, by checking if they:

    • have a have a British citizen passport (for example, using Main Index, G-search or the X-drive)

    • are eligible for a British citizen passport, in line with this guidance and the British citizen guidance (you may need to ask the customer for more documents to confirm this)

  • in the UK or overseas

If during the application for a British overseas territories citizens (BOTC) a customer wants to apply for a British citizen passport, you must deal with the application in line with the British citizenship guidance.

First BOTC passport: UK customer is a dual British citizen

Dual British citizens are not subject to immigration control, they do not need an UK immigration observation adding to their passport. If UK customer applies for their first British overseas territories citizens (BOTC) passport and has a British citizen passport (or is eligible for one), you must:

1. Check the status on the system shows British overseas territory citizen. If it does not, you must change it.

2. Send a UK customer, letter 135. When you do, you must:

  • not include phrase 135H (if the customer has a British citizen passport)

  • include phrase 135H (if the customer does not have a British citizen passport but is eligible for one)

3. Add a case note to explain the actions and decisions you made.

4. Continue to process the passport application (in line with current guidance).

First BOTC passport: UK customer is not a dual British citizen

Customers in the UK who are not eligible for a British citizen passport are subject to immigration control in the UK. If the customer wants a BOTC passport and they are not a dual British citizen, you must check if, the:

  • documents they sent with their application show they are settled in the UK (for example, they have indefinite leave to remain (ILR), indefinite leave to enter (ILE) or no time limit (NTL))

  • UKVI systems show the customer is settled (if they did not send any documents with their application that show they are settled)

If the customer’s documents or the UKVI system shows the customer is settled, you must refer to first BOTC passport: customer is settled.

If the customer’s documents and the UKVI systems do not show if they are settled, you must:

1. Send the customer letter 137. The letter asks for:

  • evidence that shows their immigration status in the UK

  • the document they used to enter to the UK (if they cannot give us evidence that shows their immigration status in the UK)

  • a signed letter that explains when they travelled to the UK and what document they used (if they cannot give us the document, they used to enter the UK)

2. Add a case note to explain the actions and decisions you made.

3. Store the application while you wait for a response.

4. Refer to:

First BOTC passport: asking UKVI if a customer is settled

If the British overseas territories citizens (BOTC) customer cannot give us evidence to show they are settled in the UK (for example, a document showing they have ILR), you must:

1. Fill in the UKVI referral – customer’s immigration status form. Check the customer’s details you put on the referral are correct and matches their details on the passport application.

2. Create an email and put ‘HMPO request – customer’s settlement status’ in the subject field. Attach the referral form to the email and send it to UKVI from your team’s mailbox, to:

  • ask them to check their records to see if the customer is settled and to let you know if they are

  • tell them if their records do not show the customer is settled, they must contact them to explain what they’ll need to do about their immigration status in the UK

3. Allow 10 working days for UKVI to respond (although you must allow 10 working days, UKVI will respond as quickly as possible).

4. Add a case note to explain the actions and decisions you made.

5. Store the application while you wait for UKVI to respond.

6. Refer to:

First BOTC passport: customer is settled in the UK

If the British overseas territories citizens (BOTC) customer provides evidence to show they are settled (for example, a letter from the Immigration & Nationality Directorate (previous name for UKVI) showing the customer has ILR or NTL), you must:

1. Check it against the UKVI systems (including the Warehouse section of the Case Information Database).

2. Ask the Quality and Examination Support team (QuESt) to decide using a balance of probability if they are satisfied the customer’s settlement evidence is genuine (if there’s nothing on the UKVI systems).

3. Refer the application to Enhanced Application Checking, if you suspect the customer’s settlement evidence is not genuine.

If you are satisfied with the customer’s evidence shows they are settled and is genuine, the UKVI systems show they are settled or UKVI confirmed they are settled, you must:

1. Add the UK immigration observation:

2. Send the customer letter 132, making sure you use the correct phrase to show their nationality status as British overseas territory citizen.

3. Add a case note to explain, the:

  • customer is settled (including when this happened)

  • actions and decisions you made

4. Continue to process the passport application (in line with current guidance).

First BOTC passport: customer is not settled in the UK

If UKVI confirm the British overseas territories citizens (BOTC) customer is not settled, you must:

1. Add the UK immigration observation:

2. Send the customer letter 133, making sure you use the correct phrase to show their nationality status as British overseas territory citizen.

3. Add a case note to explain:

  • UKVI confirmed the customer is not settled

  • the actions and decisions you made

4. Continue to process the passport application (in line with current guidance).

First BOTC passport: overseas customer is not a dual BC

If an overseas customer applies for their first British overseas territories citizens (BOTC) passport and they are not a dual British citizen, you must:

1. Add the UK immigration observation:

2. Add a case note to explain the actions and decisions you made.

3. Continue to process the passport application (in line with current guidance).

We do not send letters to overseas customers about UK immigration observations.

First BOTC passport: overseas customer is a dual BC

If an overseas customer applies for their first British overseas territories citizens (BOTC) passport and they are a dual British citizen, you must:

1. Not add the RUK or STC immigration observation.

2. Add a case note to explain the actions and decisions you made.

3. Continue to process the passport application (in line with current guidance).

We do not send letters to overseas customers about UK immigration observations.

Renewal and replacements of BOTC passports

If a UK or overseas customer applies to renew, replace or change the details in their British overseas territories citizens (BOTC) passport, you must:

1. Deal with the application in line with current guidance (for example, lost and stolen).

2. Check if they are dual British citizen by checking if they:

  • have a have a British citizen passport (for example, using Main Index, G-search or the X-drive)

  • are eligible for a British citizen passport, in line with this guidance and the British citizen guidance (you may need to ask the customer for more documents to confirm this)

There may be occasions when a BOTC customer is reluctant to send their existing passport, for example during hurricane season. For these cases you should refer to Crisis situations - supporting our customers guidance.

BOTC renewal or replacement: dual British citizen

British overseas territory citizens (BOTC) who are also British citizens (BC) are not subject to immigration control in the UK.

When you renew or replace a BOTC passport and the customer is also a BC, you must:

1. Not add any UK immigration observations.

2. Add a case note to explain the actions and decisions you made.

3. Continue to process the passport application (in line with current guidance).

BOTC renewal or replacement: not a dual British citizen

If the customer is not a dual British citizen, you must check if the STC or RUK immigration observation is on their old passport.

BOTC renewal or replacement: old passport has RUK

If the customer’s old or previous British overseas territories citizens (BOTC) passport has the RUK immigration observation, you must:

1. Add the RUK immigration observation.

2. Send a UK customer AMS letter 136, making sure you use the correct phrase to show their nationality status as British overseas territory citizen (you must not send letter 136 to overseas customers as they do not need it).

3. Add a case note to explain the actions and decisions you made.

4. Continue to process the passport application (in line with current guidance).

BOTC renewal or replacement: old passport has STC or no observation

If the customer’s old British overseas territories citizens (BOTC) passport does not have the STC or RUK immigration observation or has the STC immigration observation, you must check what’s on their previous passports, using:

  • Main Index

  • G-search

  • X-drive

You must use the guidance in BOTC renewal or replacement: old passport has RUK if any of the customer’s previous passports show they had RUK.

If the customer’s previous passports only have the STC immigration observation or do not have the STC or RUK immigration observation, the action you take will depend on if it’s a UK or overseas application.

If it’s a UK application, you must follow the guidance as though the customer is applying for their first BOTC passport in the UK.

If it’s an overseas application, you must:

1. Add the STC immigration observation.

2. Add a case note to explain the actions and decisions you made.

3. Continue to process the passport application (in line with current guidance).

You must not send any letters to an overseas customer about the UK immigration observation we added to their passport.

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