General UK immigration & work permits; don't post job search or family related topics!
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fakira
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by fakira » Sun Aug 26, 2007 5:58 pm
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SYH
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by SYH » Sun Aug 26, 2007 6:29 pm
what kind of visa?
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fakira
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by fakira » Sun Aug 26, 2007 7:11 pm
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SYH
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by SYH » Sun Aug 26, 2007 7:34 pm
HUH?
If you have citizenship then why do you need a visa?
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fakira
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by fakira » Mon Aug 27, 2007 10:09 am
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Administrator
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by Administrator » Mon Aug 27, 2007 11:08 am
.
Your explanation is difficult to understand:
- you are naturalized as a British citizen
- but a "decision" has not been made yet
. ???? . What "decision?"
If you have naturalized, and you were an Indian citizen, then you are not a dual citizen (as I understand it) because the moment you naturalized you stopped being an Indian citizen and became a Brit.
Your wording seems to indicate that you have a British passport but chose to use the Indian one instead ..?
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Wanderer
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by Wanderer » Mon Aug 27, 2007 11:33 am
Administrator wrote:.
Your explanation is difficult to understand:
- you are naturalized as a British citizen
- but a "decision" has not been made yet
. ???? . What "decision?"
If you have naturalized, and you were an Indian citizen, then you are not a dual citizen (as I understand it) because the moment you naturalized you stopped being an Indian citizen and became a Brit.
Your wording seems to indicate that you have a British passport but chose to use the Indian one instead ..?
the Admin
AIUI British Overseas Citizens have no automatic right to reside in the UK.
An chéad stad eile Stáisiún Uí Chonghaile....
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by Administrator » Mon Aug 27, 2007 11:39 am
.
Ah.
Thank you. The use of the term 'naturalized' has a past-tense rather final meaning to me.
The dual-nationality part still confuses me somewhat. If he is not naturalized in the 'catholic' sense of the term .. then he is still an Indian national pending the final decision.
Which begs the question ... he knew his visa expiration was coming up and allowed it to expire without taking other steps, based upon the specualtion that the naturalization would be finalized.
Do I get this properly yet ..?
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Wanderer
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by Wanderer » Mon Aug 27, 2007 11:48 am
Administrator wrote:.
Ah.
Thank you. The use of the term 'naturalized' has a past-tense rather final meaning to me.
The dual-nationality part still confuses me somewhat. If he is not naturalized in the 'catholic' sense of the term .. then he is still an Indian national pending the final decision.
Which begs the question ... he knew his visa expiration was coming up and allowed it to expire without taking other steps, based upon the specualtion that the naturalization would be finalized.
Do I get this properly yet ..?
the Admin
Aye that's how I see it too, but Nationality and the ex-Commonwealth is a mystery to me apart from bits picked up here...
The OP has BOC. Is BOC 'citizenship'? Well it says 'citizenship' but 'overseas' too so I'm not sure. The fact u need five year residency to gain ILR on a BOC passport suggests to me it's NOT true citizenship of other country there the OP is still entitled to an Indian Passport they there are still Indian.
I'm totally speculating!
An chéad stad eile Stáisiún Uí Chonghaile....
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fakira
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by fakira » Mon Aug 27, 2007 12:21 pm
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Wanderer
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by Wanderer » Mon Aug 27, 2007 12:23 pm
Have you resided in the UK for five years?
An chéad stad eile Stáisiún Uí Chonghaile....
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fakira
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by fakira » Mon Aug 27, 2007 12:26 pm
no
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Wanderer
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by Wanderer » Mon Aug 27, 2007 12:28 pm
fakira wrote:no
Does this apply to you, the more I read it the less I understand it! I'd never make is as a laywer:
The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.
An chéad stad eile Stáisiún Uí Chonghaile....
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fakira
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by fakira » Mon Aug 27, 2007 12:37 pm
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avjones
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by avjones » Mon Aug 27, 2007 11:33 pm
Could we have a bit more detail?
Where and when were you born?
How did you come to qualify for BOC?
When did you apply for BOC?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.
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Dawie
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by Dawie » Tue Aug 28, 2007 12:05 pm
fakira wrote:my visa expires but the home office liverpool has not yet reached a decision yet
please advise course of action
By definition, if you require a time-limited visa to be in the UK then you cannot possibly be in a position to qualify for naturalisation as a British citizen as all naturalisation applicants are required to possess indefinite leave to remain.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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mym
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by mym » Tue Aug 28, 2007 12:51 pm
Dawie wrote:By definition, if you require a time-limited visa to be in the UK then you cannot possibly be in a position to qualify for naturalisation as a British citizen
Not so. People not physically in the UK are by definition (and this is explicitly stated in statute law) not subject to time-related immigration restrictions. Even if they need such a visa to enter the UK they can (if the relevant other requirements are met) apply for naturalisation outside the UK ('ppron method').
as all naturalisation applicants are required to possess indefinite leave to remain.
No, they are required to be free of time limitations - which is *not* the same as having ILR (though, as we know, ILR is the appropriate route to it for most people).
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sakura
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by sakura » Tue Aug 28, 2007 1:34 pm
mym wrote:Dawie wrote:By definition, if you require a time-limited visa to be in the UK then you cannot possibly be in a position to qualify for naturalisation as a British citizen
Not so. People not physically in the UK are by definition (and this is explicitly stated in statute law) not subject to time-related immigration restrictions. Even if they need such a visa to enter the UK they can (if the relevant other requirements are met) apply for naturalisation outside the UK ('ppron method').
as all naturalisation applicants are required to possess indefinite leave to remain.
No, they are required to be free of time limitations - which is *not* the same as having ILR (though, as we know, ILR is the appropriate route to it for most people).
The OP is only here on a visit visa and has not, from what we can tell, even lived in the UK to qualify for ILR let alone naturalisation. So the Ppron method is not even relevant here, since the OP has only just arrived in the UK (for the first time, it seems).
I think that was Dawie's point.
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Wanderer
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by Wanderer » Tue Aug 28, 2007 1:39 pm
What I don't understand is that the OP holds a BOC Passport, the very nature of holding that citizenship, cancels the OP's Indian citizenship, where does that leave the OP? Stateless?
An chéad stad eile Stáisiún Uí Chonghaile....
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Dawie
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by Dawie » Tue Aug 28, 2007 1:43 pm
Wanderer wrote:What I don't understand is that the OP holds a BOC Passport, the very nature of holding that citizenship, cancels the OP's Indian citizenship, where does that leave the OP? Stateless?
Wanderer, the OP has NOT at any stage said that she has Indian citizenship. Please read the posts carefully.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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sakura
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by sakura » Tue Aug 28, 2007 1:47 pm
Dawie wrote:Wanderer wrote:What I don't understand is that the OP holds a BOC Passport, the very nature of holding that citizenship, cancels the OP's Indian citizenship, where does that leave the OP? Stateless?
Wanderer, the OP has NOT at any stage said that she has Indian citizenship. Please read the posts carefully.
He wrote it in one of his earlier posts:
http://www.immigrationboards.com/viewto ... ht=#110312
He is an Indian national from Goa, with BOC.
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Dawie
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by Dawie » Tue Aug 28, 2007 1:51 pm
Geez, more multiple postings on the same topic by idiots! Sorry Wanderer! In retrospect this Op doesn't really deserve our help.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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sakura
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by sakura » Tue Aug 28, 2007 1:53 pm
Dawie wrote:Geez, more multiple postings on the same topic by idiots! Sorry Wanderer! In retrospect this Op doesn't really deserve our help.
HAHAHA! Yes, it REALLY doesn't help that people have to search all their posts to get the full low-down!
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mym
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by mym » Tue Aug 28, 2007 2:07 pm
sakura wrote:mym wrote:Dawie wrote:By definition, if you require a time-limited visa to be in the UK then you cannot possibly be in a position to qualify for naturalisation as a British citizen
Not so. People not physically in the UK are by definition (and this is explicitly stated in statute law) not subject to time-related immigration restrictions. Even if they need such a visa to enter the UK they can (if the relevant other requirements are met) apply for naturalisation outside the UK ('ppron method').
as all naturalisation applicants are required to possess indefinite leave to remain.
No, they are required to be free of time limitations - which is *not* the same as having ILR (though, as we know, ILR is the appropriate route to it for most people).
The OP is only here on a visit visa and has not, from what we can tell, even lived in the UK to qualify for ILR let alone naturalisation. So the Ppron method is not even relevant here
Indeed. I was just correcting a mis-statement of fact.
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fakira
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by fakira » Wed Aug 29, 2007 3:47 am
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