boc with previous ILR

[rose1]

Can anyone help? My husband and I were UK residents with ILR and subsequently left during the recession in the 90's. We have a disabled son with sensory loss and global developmental delay and we decided to return to the UK.
We have always kept a property in the UK and my husband grew up in the UK, was here for 16yrs. We have family here as well. However, upon returning, we were advised by our appointed solicitor to apply for BOC passport, of which we are both from Penang. My husband did and renounced his Malaysian citizenship upon advice of the solicitor. similar to mick500.
I always insisted on applying under the return residents category but he did not agree, to cut story short, it has been 3 years since we started this mess and can see no light to an end to this. We have been unable to obtain ILR with mounting legal costs. Have tried MP...
Can anyone suggest an alternative eg to get an entry clearance and start again or sit here and wait, God knows when..?
I have exhausted all avenues and solicitor still suggesting to take up my case separately from the rest of the BOCs. I cannot afford the cost anymore.
I understand there are provisions in Immigration rules for returning residents with exception to the 2 year rule. Out of the 5 provisions we fulfill all except the Home Office could challenge the length of time we were abroad but we made regular visits, each time with IO asking,"You have a home here, and you are not returning?" We could never say the true intention, had I done so I believe we could have sorted a lot out.
Thanks[/u]

[IMMIGRATION LAWYER]

Difficult to say indeed.

What does your solicitor mean implying to differenciate your case from...xxx ?

[JAJ]

Can anyone help? My husband and I were UK residents with ILR and subsequently left during the recession in the 90's. We have a disabled son with sensory loss and global developmental delay and we decided to return to the UK.
We have always kept a property in the UK and my husband grew up in the UK, was here for 16yrs. We have family here as well. However, upon returning, we were advised by our appointed solicitor to apply for BOC passport, of which we are both from Penang. My husband did and renounced his Malaysian citizenship upon advice of the solicitor. similar to mick500.
I always insisted on applying under the return residents category but he did not agree, to cut story short, it has been 3 years since we started this mess and can see no light to an end to this. We have been unable to obtain ILR with mounting legal costs. Have tried MP...
Can anyone suggest an alternative eg to get an entry clearance and start again or sit here and wait, God knows when..?
I have exhausted all avenues and solicitor still suggesting to take up my case separately from the rest of the BOCs. I cannot afford the cost anymore.
I understand there are provisions in Immigration rules for returning residents with exception to the 2 year rule. Out of the 5 provisions we fulfill all except the Home Office could challenge the length of time we were abroad but we made regular visits, each time with IO asking,"You have a home here, and you are not returning?" We could never say the true intention, had I done so I believe we could have sorted a lot out.
Thanks[/u]

http://www.bia.homeoffice.gov.uk/policy ... les/part1/


17. British Overseas citizens who hold United Kingdom passports wherever issued and who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom may be given indefinite leave to enter.

Out of interest, when did your husband renounce his Malaysian citizenship?

And why did you not become British citizens when you lived in the U.K.?

[rose1]

Difficult to say indeed.

What does your solicitor mean implying to differenciate your case from...xxx ?

[rose1]

Can anyone help? My husband and I were UK residents with ILR and subsequently left during the recession in the 90's. We have a disabled son with sensory loss and global developmental delay and we decided to return to the UK.
We have always kept a property in the UK and my husband grew up in the UK, was here for 16yrs. We have family here as well. However, upon returning, we were advised by our appointed solicitor to apply for BOC passport, of which we are both from Penang. My husband did and renounced his Malaysian citizenship upon advice of the solicitor. similar to mick500.
I always insisted on applying under the return residents category but he did not agree, to cut story short, it has been 3 years since we started this mess and can see no light to an end to this. We have been unable to obtain ILR with mounting legal costs. Have tried MP...
Can anyone suggest an alternative eg to get an entry clearance and start again or sit here and wait, God knows when..?
I have exhausted all avenues and solicitor still suggesting to take up my case separately from the rest of the BOCs. I cannot afford the cost anymore.
I understand there are provisions in Immigration rules for returning residents with exception to the 2 year rule. Out of the 5 provisions we fulfill all except the Home Office could challenge the length of time we were abroad but we made regular visits, each time with IO asking,"You have a home here, and you are not returning?" We could never say the true intention, had I done so I believe we could have sorted a lot out.
Thanks[/u]

http://www.bia.homeoffice.gov.uk/policy ... les/part1/


17. British Overseas citizens who hold United Kingdom passports wherever issued and who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom may be given indefinite leave to enter.

Out of interest, when did your husband renounce his Malaysian citizenship?

And why did you not become British citizens when you lived in the U.K.?

He renounced his citizenship last year. He did consider BC but understood at the time Malaysia do not permit dual nationality, hence he decided not to. In my case I did not hold my ILR long enough to qualify BC. I have read the provision before, is it applicable retrospectively?

[JAJ]

He renounced his citizenship last year. He did consider BC but understood at the time Malaysia do not permit dual nationality, hence he decided not to. In my case I did not hold my ILR long enough to qualify BC. I have read the provision before, is it applicable retrospectively?

Nothing retrospective, sorry.

As far as I can see, you still have your ILR status (even if it was originally stamped in a Malaysian passport). Suggest you contact the British High Commission in KL for confirmation.

Have you still got evidence of your ILR? (old Malaysian passports?)

Once back in the United Kingdom, you will have to wait 5 years, then you can apply for registration as British citizens.

Where was your son born? U.K. or Malaysia?

[penanglad]

Rose

Your solicitor is not paying attention to your particular circumstances. There was no need to renounce your husband's Malaysian citizenship. As you say, you should have returned to the UK as a returning resident.

As JAJ has pointed out, you have the right to be admitted with indefinite leave at any time, regardless of how long you have been outside the UK. All you need is your BOC passport, and your previous Malaysian passport with the ILR stamp. Your passport will be stamped with an open date stamp, which means you have leave to enter with indefinite leave.

Once you have done this, you should apply to the UKPA for a new BOC passport with the endorsement "Holder is entitled to readmission to the United Kingdom". This will mean that you don't have to carry your old Malaysian passport around when you travel. You will not be entitled to register as British citizens until you have lived here for another 5 years.

I am unclear about a few things:

a) are you currently in the UK or Malaysia?

b) if you are in the UK, what is your current leave to remain?

c) when you previously returned on your regular visits to the UK, I presume you entered as visitors rather than as returning residents?

If you are still in Malaysia, it would be best to apply for returning residents' entry clearance.

[rose1]

He renounced his citizenship last year. He did consider BC but understood at the time Malaysia do not permit dual nationality, hence he decided not to. In my case I did not hold my ILR long enough to qualify BC. I have read the provision before, is it applicable retrospectively?

Nothing retrospective, sorry.

As far as I can see, you still have your ILR status (even if it was originally stamped in a Malaysian passport). Suggest you contact the British High Commission in KL for confirmation.

Have you still got evidence of your ILR? (old Malaysian passports?)

Once back in the United Kingdom, you will have to wait 5 years, then you can apply for registration as British citizens.

Where was your son born? U.K. or Malaysia?

Hi JAJ,
My son was born in Malaysia, otherwise he would be born British in the UK while I was still holding my ILR.
We both still have proofs of the original ILR in Malaysian passports.
As your suggestion, what is the best way to go about things? Would Croydon consider? Or leave and come in with Indefinite leave to enter. Can I still change my status while there is an impending appeal?
Thankyou

[JAJ]

What exactly does you "appeal" concern?

What exactly did you apply for and when?

[sakura]

And where are you and your family now - in the UK, in Malaysia or elsewhere?

[rose1]

What exactly does you "appeal" concern?

What exactly did you apply for and when?

Hi JAJ,
The appeal is concerning BOCs applying for ILR.
We applied for ILR and started in 2005, then got the BOC and again applying for ILR, unsuccessfully.

[rose1]

And where are you and your family now - in the UK, in Malaysia or elsewhere?

Hi Sakura,
We are all in the UK.

[JAJ]

The appeal is concerning BOCs applying for ILR.
We applied for ILR and started in 2005, then got the BOC and again applying for ILR, unsuccessfully.

I don't see why you should be applying for ILR when you already appear to have it. Have you mentioned your previous ILR at any stage?

What visa does your son have?

[rose1]

The appeal is concerning BOCs applying for ILR.
We applied for ILR and started in 2005, then got the BOC and again applying for ILR, unsuccessfully.

I don't see why you should be applying for ILR when you already appear to have it. Have you mentioned your previous ILR at any stage?

What visa does your son have?

Hi JAJ,
I don't think my solicitor has ever done that at any stage eventhough I emphasized on that. My kids are on visitors' visas.
Any suggestion what to do next?

[penanglad]

JAJ, from what I understand she has leave to enter as a visitor, therefore does not have ILR. She is entitled to leave and re-enter as a returning resident, which would be the easiest way (I can't think of why her application for ILR in the UK is being refused).

The issue seems to be that her solicitor has lumped her appeal together with a load of BOCs who have never had ILR. I don't know what effect having an outstanding appeal has on any further applications.

Apparently the issue of her having previously had ILR has been fully aired but her application was still rejected.

Unfortunately all this information is coming out in drip-feed. Rose, I'm afraid it is difficult to help you unless we have all the details, including the reasons for the various refusals.

[rose1]

I have to check through the various correspondence.

[JAJ]

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think.

In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case he is automatically a British citizen.

Solicitor should know all about that possibility too.

[rose1]

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think.

In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case he is automatically a British citizen.

Solicitor should know all about that possibility too.

I rang the H.O up, rule 17 applies to off-shore application only, hence non-applicable to our case at this instance. Still have to think of a safe method to come in if we were to apply abroad because of the complexity of the case, ie, previous long residence, BOC passport, our overstayed visas etc, just in case the British High Com refuses to even give us entry clearance.

[JAJ]

I rang the H.O up, rule 17 applies to off-shore application only, hence non-applicable to our case at this instance. Still have to think of a safe method to come in if we were to apply abroad because of the complexity of the case, ie, previous long residence, BOC passport, our overstayed visas etc, just in case the British High Com refuses to even give us entry clearance.

I don't think you would need to make any new application abroad. You should be able to re-enter as a resident with evidence of your previous ILR.

I would suggest that you and your husband make separate trips. Once you are re-admitted to the U.K. with ILR then you need to sponsor your child for a settlement visa.

Get some more legal advice on this from from the sound of it, if your solicitor doesn't know all about this issue, you may need to seek different legal advice.

[penanglad]

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think.

In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case he is automatically a British citizen.

Solicitor should know all about that possibility too.

Rose, when did you and your husband get ILR (what year)?

[rose1]

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think.

In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case he is automatically a British citizen.

Solicitor should know all about that possibility too.

Rose, when did you and your husband get ILR (what year)?

My husband came in 1976 and granted ILR in 1987, I was granted ILR in 1992.

[penanglad]

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think.

In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case he is automatically a British citizen.

Solicitor should know all about that possibility too.

Rose, when did you and your husband get ILR (what year)?

My husband came in 1976 and granted ILR in 1987, I was granted ILR in 1992.

Shame, if he had got ILR before 1983, he would be a British citizen.