right of abode to britsh nationals

kafoor · Post by **kafoor** » Thu Sep 14, 2006 7:10 pm

i am a british overseas citizen without right of abode.
i got my british passport on july 04.
i applied for registration as british citizen but was rejected.
i would be very much thankful to you if you give me some advice.

ppron747 · Post by **ppron747** » Thu Sep 14, 2006 8:29 pm

I think you need to provide some more detail, kafoor - how did you become a BOC? What was the basis for your application for registration. and why was it refused? Are you in UK? If so, what is your immigration status here? And what advice do you need?

RobinLondon · Post by **RobinLondon** » Thu Sep 14, 2006 9:15 pm

I agree with Paul. As a general rule, if you're going to post such a query, you really need to post as much detail as possible. Overdo it. The whole subject of British citizenship with its many, many forms is incredibly complicated.

With all due respect--and in light of those who are trying to help--it's probably a bit inconsiderate not to be as forthcoming as you can.

kafoor · Post by **kafoor** » Mon Dec 03, 2007 9:05 pm

ppron747 wrote:I think you need to provide some more detail, kafoor - how did you become a BOC? What was the basis for your application for registration. and why was it refused? Are you in UK? If so, what is your immigration status here? And what advice do you need?

thanks for your reply.
i got BOC through my father who was CUKC from 1954 , then BOC from 1983, since british citizen 2005.
what i am asking is, i was in born in india and living here in UK since sep04. i applied to home office for registration under sec 4(b) of british nationality act 1981. but the home office refused my application stating i got my first BOC on july 2004 and adviced me to apply ILR. i applied ILR . but they refused my application and saying i am a indian national and have to leave this country.
at present , after obtaining BOC am I a indian national????.
please advice me in this matter . please

Post by **John** » Mon Dec 03, 2007 9:08 pm

You reply after nearly 15 months! Unfortunately ppron747 will not be replying to you, as he died in January this year, a huge loss to this Board.

Hopefully someone with knowledge of these particular matters will reply to you.

Post by **JAJ** » Tue Dec 04, 2007 1:35 am

kafoor wrote: thanks for your reply.
i got BOC through my father who was CUKC from 1954 , then BOC from 1983, since british citizen 2005.
what i am asking is, i was in born in india and living here in UK since sep04. i applied to home office for registration under sec 4(b) of british nationality act 1981. but the home office refused my application stating i got my first BOC on july 2004 and adviced me to apply ILR. i applied ILR . but they refused my application and saying i am a indian national and have to leave this country.
at present , after obtaining BOC am I a indian national????.
please advice me in this matter . please

I'm going to assume here that you were born in India before 1983.

At birth you were automatically an Indian citizen by birth. People born in India between 26 January 1950 and 30 June 1987 automatically got Indian citizenship. At the same time you were a Citizen of the UK & Colonies by descent from your father, and became a British Overseas citizen (BOC) on 1 January 1983.

You remained dual Indian/BOC until you got your BOC passport. At that point you lost your Indian citizenship.

However, you are not eligible for section 4B registration as a British citizen because you lost your Indian citizenship in 2004, which is after 4 July 2002.

If you are still in the United Kingdom you should seek professional assistance with a view to obtaining exceptional leave to remain in the U.K.
As far as I can see you can't be deported anywhere as you are no longer an Indian citizen. If you have an Indian passport you should stop using it.

And needless to say you should not leave the U.K. for any reason until your status is resolved.

jes2jes · Post by **jes2jes** » Tue Dec 04, 2007 4:39 am

John wrote:You reply after nearly 15 months! Unfortunately ppron747 will not be replying to you, as he died in January this year, a huge loss to this Board.

Hopefully someone with knowledge of these particular matters will reply to you.

I am deeply sad to hear this sad news John. May Paul's soul rest in perfect peace. Was he a soldier?

On behalf of the board, I want to say thank you to him and his family for his contribution to this board (I remember him mostly for the ppron method on naturalisation).

God bless you Paul.

Post by **John** » Tue Dec 04, 2007 10:56 am

Was he a soldier?

No, not at all, simply a person very knowledgeable in matter relating to Nationality and Immigration. He died of a heart attack.

tinux · Post by **tinux** » Tue Dec 04, 2007 11:12 pm

So sad to hear that . i liked his contribution to this board

SYH · Post by **SYH** » Wed Dec 05, 2007 10:07 am

RobinLondon wrote:I agree with Paul. As a general rule, if you're going to post such a query, you really need to post as much detail as possible. Overdo it. The whole subject of British citizenship with its many, many forms is incredibly complicated.

With all due respect--and in light of those who are trying to help--it's probably a bit inconsiderate not to be as forthcoming as you can.

That was a little silly if you haven't seen Ppron on the board. Further a common newbie mistake is to not look at as many posts as possible first.
Should every member be so gregarious with their answers, then we might not have time to do other things. In any case, as John mentionned Paul is not here on this earth to elaborate for you.

Post by **John** » Wed Dec 05, 2007 11:03 am

Another common mistake is not realising how long ago someone actually posted their message!

jes2jes · Post by **jes2jes** » Wed Dec 05, 2007 11:24 am

John wrote:Another common mistake is not realising how long ago someone actually posted their message!

Yeah right! Saw that and I was wondering why the response to a post which is almost 4 months old. Guess the bloke just woke up from the wrong side of the bed this morning after celebrating the ILR issuance

Post by **John** » Wed Dec 05, 2007 12:00 pm

4 months? Have another look! Not just at the month, but also the year!

jes2jes · Post by **jes2jes** » Wed Dec 05, 2007 12:03 pm

John wrote:4 months? Have another look! Not just at the month, but also the year!

Mercy! It was dated in the Year of our Lord 2006! What was this bloke thinking

Anyway, where is RobinLondon? I have not seen a post from him/her for ages now? Also in Aussie land as Jeff?

paulp · Post by **paulp** » Wed Dec 05, 2007 3:52 pm

jes2jes wrote:Yeah right! Saw that and I was wondering why the response to a post which is almost 4 months old. Guess the bloke just woke up from the wrong side of the bed this morning after celebrating the ILR issuance

It must have been quite a hangover because he couldn't resist taking a swipe at "the experts" on this board.

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right of abode to britsh nationals

right of abode to britsh nationals