British Registration through B(OS) application

[sarfraz]

I currently hold a British National (Overseas) passport. I was born in Pakistan where I received my BNO passport and have that ever since (I have renewed it since it expired). I have been advised that i should apply for an application called B(OS). This application requires that I have no nationality and/or citizenship in any country. I have never applied for a Pakistani passport nor for any other sort of passport. I left Pakistan when i was 3/4 using my BNO passport and have not been back since. Do I have any sort of right to abode in Pakistan? Do i have automatic citizenship/nationality even though I have never applied for a passport or any other sort of Pakistani paperwork and am aged 24? Can i be deported there? If i dont, how would i prove that to the home office?

[fwd079]

Your Pakistani birth certificate proves you are Pakistani citizen by birth, you just dont hold a passport/ID card. So you can renounce your Pakistani nationality by clicking here and download Renunciation form (Form-X).

However, since Pakistani law allows being a dual national and even after you renounce your Pakistani nationality, you can still be stripped off of your British nationality and can be deported to Pakistan as there is no law in Pakistan that you'd be stateless because you are allowed dual nationality.

Interestingly India doesn't allow dual nationality so when Indians become British, its slightly different for them. <-- Rant

[secret.simon]

Was either of your parents a Pakistani citizen at the time of your birth? If they were, there is a good chance you have inherited Pakistani citizenship.

If you have not inherited Pakistani citizenship, you may be able to request a letter from the Pakistani High Commission stating that you do not have Pakistani citizenship and submit it with the application.

EDIT: My original post was typed at the same time as FWD079's post. Do not renounce your Pakistani citizenship if you have it. The condition for BNO Registration is that you have never, at any point of time, held any other citizenship nor have you lost it either by action or inaction.

[secret.simon]

It seems that you already have Pakistani citizenship, as apparently birth in Pakistan gives you automatic Pakistani citizenship, without regards to your parents citizenship. I'm afraid that it sounds like the B(OS) route is closed for you.

Given that you have spent most of your life in the UK, especially the past 10 years, you may be able to apply for ILR on the basis of 10 years legal residence or on the basis of private life, as you have spent 20 years in the UK.

[sarfraz]

I would like to mention that I have been living in the UK as an overstayer (unknowingly) since 2008. As far as automatic Pakistani citizenship goes, do I not have to apply for it, even I if was born there? I mean I know I have/had the right but I never claimed it, do I not lose that right after I reach a certain age? Especially since I left the country when I was 3/4 years old and have never back since

[secret.simon]

I'm not Pakistani myself and not aware of the nuances of Pakistani law. Therefore, I would be the wrong person to advise you on this matter.

Automatic citizenship is just that, citizenship without applying, by the action of law. A child born in the UK to parents with ILR will be a British citizen in the eyes of British law, even though his parents may not apply for or even desire British citizenship for their child.

A rudimentary search on Google turned up an official looking website (http://www.dgip.gov.uk) that gave an overview of Pakistani citizenship. I advised you based on that.

Having said that, as you had another citizenship at some point in time, registering from a BNO to a British citizen appears to be difficult. The requirement is that at no point in time did you have another citizenship nor did you lose a citizenship through (action or) inaction. You had (and from the language of the website, have) Pakistani citizenship, which extinguishes your right to registration.

Again, I am no expert on Pakistani nationality law and I am advising based on the text found online. I am sure others more knowledgeable than me may advise otherwise.

Mind you, nothing stops you from earning ILR through other routes. Only the registration route is extinguished.

[sarfraz]

I just received a reply from the Home Office. Unfortunately, the application has been refused on the grounds that I had citizenship in Pakistan by birth. However, they have mentioned that when I reached the age of 21 in 2012, I have lost my Pakistani citizenship status. They also went onto mention that if I still want to apply to become a British Citizen, I would need to apply for naturalisation. Before applying, I would need to obtain an indefinite leave to remain. I feel that this may be some good news as I have no right to abode in any country and only hold a BNO passport. However, when I previously applied for the indefinite leave to remain, I was refused it as I am currently (unknowingly) considered an overstayer. Does anyone have any advice for my case? Any advice would be greatly appreciated.

[fwd079]

I'd suggest going to a lawyer, because knowingly or unknowingly it does not matter, you have overstayed. So you might want to involve a lawyer and start your ILR process.

[sarfraz]

I did go to see a lawyer about my case. They applied for the indefinite leave to remain for me, but as i stated earlier, i was an overstayer and was refused the application. I have been to several different lawyers and not one of them was confident in my case. I have no other passport, or citizenship or right to abode in any country (other than the UK for a period of 6 months), so if i was to be deported, where would they send me? I have no family except for my mother, who is a British Citizen since 2005 and was born in Hong Kong whilst it was a British colony.

[fwd079]

I would need to obtain an indefinite leave to remain. I feel that this may be some good news as I have no right to abode in any country and only hold a BNO passport.

Hang on.
Seniors can help me here but aren't you already British if you have a BNO Passport? You may apply to register through this link?

[sarfraz]

It is very confusing, but from my understanding, the BNO status does not give me a right to abode in the UK. Even though I hold a British passport, I am not allowed to stay in the UK for more than 6 months at a time without obtaining some sort of visa allowing me to stay. I am not sure, but would i be considered stateless or British?