Guidance

British overseas territories citizens

Updated 19 February 2025

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Version 20.0

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 the Guidance team.

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 the Guidance team.

Publication

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

  • version 20.0

  • published for Home Office staff on 17 December 2024

Changes from last version of this guidance

We have updated the guidance to:

  • explain what to do if the customer does not have a BOTC claim (in the How to deal with first time BOTC passport applications section).
  • explain if someone registered as a BOTC under section 17A, 17C, 17D, 17E, 17F, 17H and 17I of the British Nationality Act 1981 is a BOTC by descent or other than by descent (in the BOTC: section 17 of the British Nationality Act 1981)
  • include a new registration route for direct descendants of people born in the British Indian Ocean Territory (in the BOTC: section 17H of the British Nationality Act 1981 section)
  • tell examiners how to determine if a person registered as a British overseas territory citizen under section 17(1) of the British Nationality Act 1981 is ‘by descent’ or ‘other than by descent’
  • make sure the customer’s documents are acceptable for passport purposes
  • tell examiners how to determine if a person registered as a British overseas territory citizen under section 17(1) of the British Nationality Act 1981 is ‘by descent’ or ‘other than by descent’
  • make sure the customer’s documents are acceptable for passport purposes
  • add links from the BOTC status with a link to the British Indian Ocean territory to the BOTC: section 17 of the British Nationality Act 1981 section
  • tell examiners to check if the customer holds other valid British passports
  • tell examiners to confirm if the customer’s personal details matches on all their passports in line with Multiple British passports and nationality statuses guidance
  • tell examiners when they need to send letter 584 to confirm if a customer wants a British overseas territories citizen (BOTC) passport or a British citizen (BC) passport
  • tell examiners processing on DAP (Digital Application Processing) which communications template to use
  • explain how to process an application for a BOTC non variant passport on Digital Application Processing
  • explain that a customer cannot hold a variant and a non variant British Overseas Territories (BOTC) passport at the same time
  • tell examiners what to do if the customer is applying for their first British citizen passport (rather than renewing their British overseas territories citizenship passport)

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

BOTCs 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. See Checking if the customer is applying for a BOTC or BC passport and Multiple British passports and nationality statuses.

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

Section 6 of the British Overseas Territories Act 2002 states a person with a link to the British Indian Ocean Territory (the Chagos Islands) shall 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.

The Nationality and Borders Act 2002 provides a route for the descendants of BOTCs with a connection to the British Indian Ocean Territory, to register as BOTC and British citizens. See BOTC: section 17 of the British Nationality Act 1981.

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, 17F or 17H 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.

Under section 25(1)(c) of the British Nationality Act 1981, registration under section 17(1) can be ‘otherwise than by descent’ (OTBD) or ‘by descent’ (BD) depending on the customer’s parents’ status at the time of the customer’s birth.

You must check both parents to see if either parent was (or would have been, had they been alive) a BOTC or a citizen of the UK and Colonies at the time of the customer’s birth. You must record the customer’s status as:

  • BOTC 17(1) BNA’81 OTBD – if neither parent held these statuses

  • BOTC 17(1) BNA’81 BD – if either parent held these statuses

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 they would have been able to register under section 17(2) had their parents been married at the time of their birth, 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:

1. Check the customer’s status using Atlas.

2. 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 they would have automatically become a BOTC by descent had their parents been married at the time of their birth, 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:

1. Check the customer’s status using Atlas.

2. 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 if they would have automatically become a BOTC by descent had their parents been married at the time of their birth, 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:

1. Check the customer’s status using Atlas.

2. Record the customer’s status as:

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

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

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 if they would have automatically become a BOTC by descent had their parents been married at the time of their birth, 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:

1. Check the customer’s status using Atlas.

2. Record the customer’s status as:

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

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

BOTC: section 17H of the British Nationality Act 1981

The Nationality and Borders Act 2022 created a new registration route for someone who is a direct descendant of people born on the islands that now form the British Indian Ocean Territory (previously known as Chagos).

A person is eligible to register as a BOTC under section 17H of the British Nationality Act 1981 if they meet both the following criteria:

  • they are a direct descendant of someone born on the islands that now form the British Indian Ocean Territory

  • they have never been a BOTC or BDTC

Registration under this section is available from 23 November 2022 for a limited period of time. A person who is:

  • aged 18 or over must apply within 5 years (no later than 23 November 2027)

  • aged 17 or under, or who is born between 23 November 2022 and 23 November 2027, must apply before they turn 23 years old

A person registered under section 17H is a BOTC otherwise than by descent. You must record the customers status as ‘BOTC 17H BNA’81 OTBD’.

Some customers may have BOTC status because they have a link to the British Indian Ocean territory, before the introduction of the Nationality and Borders Act 2002.

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:

1. Check the customer status using Atlas.

2. 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.

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 who are not entitled to a British citizen (BC) passport, can:

  • apply for a:

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

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

  • have:

    • as many variant books as they are entitled to hold (for example, if they are entitled to variant books from different British overseas territories)

    • only 1 non-variant book at a 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, you must check:

  • passport records (including passport notes and case notes) and G-Search for:

    • passports in other British nationalities, such as a British citizen passport

    • any other variant passports held

    • Diplomatic or Official passports

  • if the customer has declared a foreign passport or identity card (also see Risk indicators)
    You, the examiner, must issue the customer with a BOTC passport if:

  • the application and documents provided confirm they are applying for a BOTC passport

  • there is no evidence to suggest they have a claim to a British citizen (BC) passport

You do not need to contact the customer to confirm what type of passport they need.

Checking if the customer is applying for a BOTC or BC passport

You must send Comms Builder template ‘Need a signature’ (or letter 584 if processing on AMS (Application Management System)) and ask the customer to confirm which type of passport they want, if the customer applies for a first time, renewal, or replacement passport and:

  • they have provided evidence to support a claim to both BOTC and BC nationality

  • it is not clear from the application and documents provided whether they are applying for a BOTC or a BC passport

If the customer is applying for their first, renewal or replacement BOTC passport, you can continue to follow this guidance for first time BOTC applications or renewal and replacement BOTC applications.

If the customer is applying for a British citizen passport (and already holds a BOTC passport which we must not cancel) you must select I cannot do this application and Cannot change application type to first time. DAP does not yet have the functionality to change the application type to first time. DAP will transfer the application to the Exceptions Handling team (EHT) and create a Cannot change application type to first time task. The EHT will follow their guidance to process the customer’s request for a British citizen passport, without cancelling the customer’s BOTC passport.

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

  • evidence to show they are settled in the UK or have valid immigration leave (permission) to be in the UK, so we can add the correct UK immigration observation to their passport (if they are living in the UK and applying for their first passport)

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 passport records or G-search

This may mean the customer needs to attend an interview.

When dealing with the application, you must:

1. Make sure the application type is ‘first time’.

2. Make sure the customer’s documents are acceptable for passport purposes (for example, by checking for information in Knowledge Base or confirming a naturalisation or registration certificate with UKVI, if necessary).

3. Be satisfied the customer has given enough evidence to confirm their nationality and identity by comparing the information on the documents against the customer’s application.

4. Make sure the customer holds BOTC status (in line with nationality legislation and this guidance). If they do not have a claim, you must refer to Refusing passport applications and passport facilities to decide if:

  • you need to refuse the passport application

  • the customer meets an exception when you can keep their application open while they apply to register

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

  • fraud or safeguarding (protection) concerns

  • risk indicators

  • court orders

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. Pass the application, for:

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

  • interview, if current guidance tells you

13. Check if the customer has other valid British passports. If they do, you must add a 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) passport, and they 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 variant or non-variant passport.

BOTC renewal: customer 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 will identify this:

  • when DAP (Digital Application Processing) creates an Applicant has a British overseas territories citizen task

  • by physically checking the customer’s old passport (if you are processing on AMS (Application Management System))

  • if AMS creates a nationality warning

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 passport records, 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:

  • ‘passport records/G:search/X Drive check record not held’

  • ‘passport records/G:search/X Drive check record confirmed’

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

9. Check if the customer holds other valid British passports and the personal details are the same. If they do not match, deal with the application in line with the Multiple British passports and nationality statuses guidance:

  • if the customer has other valid British passports, you must add a passport note to all their valid British passport records to show details of the British passports they hold

10. Select the correct nationality status from the:

  • dropdown in Application details – personal details – nationality field if you are dealing with the application on DAP

  • Prepare passport tab on the system if you are dealing with the application on AMS

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

12. 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

13. Send the customer system 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

  • if working on DAP, you must use the Tell someone something – I’m not expecting a response radio button when you complete the template on comms builder (the email will be sent to the customer when you complete the application)

14. Issue the BOTC passport.

You must check if the customer has other valid British passports. If they do, you must add a 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 British citizen passport (for example, using passport records, 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, or is eligible for, a British citizen passport, you must:

1. Check the status on the passport issuing system shows British overseas territories 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 British overseas territories citizen (BOTC) passport and they are not a dual British citizen, you must check:

  • their supporting documents to see if it shows they:

    • are settled in the UK (for example, indefinite leave to remain (ILR), indefinite leave to enter (ILE) or no time limit (NTL))

    • have valid leave (immigration permission) to be in the UK (for example, a visit visa, limited leave to enter or limited leave to remain)

  • UKVI systems (if the customer does not have documents showing they are settled or have valid leave) to see if the records show if they are settled or have valid leave

If the supporting documents or the UKVI system shows the customer is settled or has valid leave, you must refer to First BOTC passport: customer is settled or has valid leave.

If the supporting documents and the UKVI systems do not show if the customer is settled or has valid leave, 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.

When you get the response, you must refer to:

  • First BOTC passport: customer is settled or has valid leave (if the customer provides evidence to show they are settled or has valid leave)

  • First BOTC passport: asking UKVI if a customer is settled or has valid leave, below (if the customer cannot provide evidence to show they are settled or has valid leave)

First BOTC passport: asking UKVI if a customer is settled or has valid leave

We will ask UK Visas and Immigration (UKVI) to confirm if the customer is settled or has valid leave, if when they apply for their first British overseas territories citizen (BOTC) passport, they are resident in the UK and both of the following apply:

  • the customer could not provide evidence to show they are settled or has valid leave

  • the UKVI system does not show if the customer is settled or has valid leave

To ask UKVI if a customer is settled or has valid leave, you must:

1. Complete the UKVI referral – customer’s immigration status form using the details on the passport application to:

  • ask UKVI to check their records to see if the customer is settled or has valid leave

  • tell UKVI to contact the customer to explain what they need to do about their UK immigration status, if their records do not show the customer is settled or has valid leave

2. Create an email and with the subject field showing:

HMPO request – customer’s settlement status

3. Attach the referral form to the email and send it to UKVI from your team’s mailbox

4. Add a case note to explain the:

  • customer could not give us evidence to show they are settled or has valid leave

  • actions and decisions you made

5. Store the application while you wait for UKVI to respond (usually within 10 working days).

When you get a response from UKVI, you must refer to:

First BOTC passport: customer is settled or has valid leave

If the British overseas territories citizens (BOTC) customer provides evidence to show they are settled or has valid leave, you must first check to see if the evidence is genuine. You must:

1. Check the customer’s documentary evidence agrees with UKVI systems.

2. Refer the application to your operational team leader (OTL), to decide if the evidence is genuine (using a balance of probability) if there is nothing on the UKVI systems.

3. Make sure extra checks are completed, if you suspect the customer’s evidence of settlement is not genuine by:

  • referring the application to Enhanced Application Checking (EAC) (if processing on the Application Management System (AMS)

  • completing additional checks (if processing on the Digital Application Processing (DAP) system)

Providing you are satisfied there is evidence to show the customer is settled or has valid leave (either from the customer’s supporting documents, information from UKVI systems or because UKVI confirmed they are settled or have valid leave), 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 or has valid leave (including how)

  • actions and decisions you made

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

First BOTC passport: customer is not settled and does not have valid leave

If UKVI confirm the British overseas territories citizens (BOTC) customer is not settled and does not have valid leave, 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 the:

  • customer is not settled and does not have valid leave

  • 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 British citizen passport (for example, using passport records system, 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 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:

  • passport records

  • 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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