ILR for a Gurkha child with a BNO passport

[mushroomed]

Hi friends,
I am new to this forum. I have been quite amazed to find out how the home office functions. I have been appalled, to say the least, to see the inconsistency in which the home office makes its decisions. Here is my story, I shall make it as brief as possible. I shall always welcome your opinion as well.

I am a son of a Gurkha soldier. I grew up in Nepal, although I was born in Hongkong, thus i was granted a BNO passport. My father served in the British Army for 22 years, and he retired in April 1997. My father got his ILR on Sept 2006, and then my mother got it immediately.
My younger sister who was born in 1983, also a BNO passport holder, got her ILR at the end of 2006. She didn't have any problems regarding achieving the ILR. I could have applied for my ILR with my sister but at that time I was studying in India and I had about 2 months to complete my studies, so my parents thought I should finish my studies and then apply for ILR.
I arrived in the Uk on Feb 2007. I immediately applied for ILR , but I was rejected on the grounds that I could not prove to them that I had been financially supported by my parents when I studied in India. This was so stupid since I had studied medicine in India, and my six year course had fetched my parents ICRS 30,000,000 ( approx £ 390,000). How in God's name could I come up with so much money to fund my tuition and expenses.
My ILR rejection made me more bitter when I found out that my friend who studied with me in the same college taking the same course was easily granted ILR.
I am quite sure that my presentation was very good. My Dad being an officer in the British Army had made it certain that I present my ILR application in a very systematic manner. I had arranged all the papers, my birth certi, my college credit details, utility bills etc.
The only reason they gave for my application rejection was that they were not convinced that my father financed my tuition and stay in India.
Now, my parents and my sister are settled here. I have no one in Nepal, except for distant relatives. I am quite uncertain about my future, and has put my family in a lot of unnecessary stress.

I have to find a way out of this.

Thus I would like all of you to share your opinion about it. What would you advice me?? Please help

Thanks.

[vinny]

How old were you and did you appeal?

[mushroomed]

I was born in 1981. My sister was born in 1983. I know that the ILR on dependency was only given to children less than 18, but I can show many examples where person 18 have been granted, the best example being my sister.
I have re applied my application. This was on Feb 29th. I have received an acknowledgment letter from the Home Office but nothing more. Still waiting.

[calai]

Hiya,

Im a BNO from Hong Kong. May I ask if you have any nationality other than BNO? Do your parents and sister have BC since they have obtained ILR long time ago?

Are you currently in UK and how long have you been staying there?

BNO is one of the strangest British nationality and there are quite a few contradicting rules/cases and some loopholes for you to play around, especially if you and your parents have CUKC right (born in UK/colonies before 1983)

We all have to wait and see if all EU countries rectify the Lisbon Treaty signed in Dec 2007 as we, British national overseas, might become EU citizens when the treaty come into effect in 2009.
http://eur-lex.europa.eu/JOHtml.do?uri= ... OM:EN:HTML

Reform Treaty, Article 17:
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

(There are some countries/territories not included in Lisbon Treaty but Hong Kong is not an exception)


Lord Goldsmith QC has recently published a report which may indicate some ideas that we possibly have a chance to register as BC in the future regardless of your present situation in UK.

Shortened from Citizenship Review, Lord Goldsmith QC:

From discussions that I have had in Hong Kong, it is clear to me that the demand for BN(O) status is dropping. Nonetheless to remove this status without putting something significant in its place would be seen as the British reneging on their promise to the people of Hong Kong. The only option which would be characterized as fair would be to offer existing BN(O) holders the right to gain full British citizenship. It is likely that many would not take this up as the prospects economic and fiscal of moving to the UK are not favourable to those well-established in Hong Kong. However, I am advised that this would be a breach of the commitments made between China and the UK in the 1984 Joint Declaration on the future of Hong Kong, an international treaty between the two countries; and that to secure Chinese agreement to vary the terms of that treaty would not be possible. On that basis, I see no alternative but to preserve this one anomalous category of citizenship.

You may have a look of www.britishhongkong.com
There are many people sharing their experience using BNO

[JAJ]

Reform Treaty, Article 17:
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

(There are some countries/territories not included in Lisbon Treaty but Hong Kong is not an exception)

Don't get people's hopes up like that. It will make no difference as there has long been a specific definition of "United Kingdom national" for EU purposes:
http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

[calai]

Reform Treaty, Article 17:
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

(There are some countries/territories not included in Lisbon Treaty but Hong Kong is not an exception)

Don't get people's hopes up like that. It will make no difference as there has long been a specific definition of "United Kingdom national" for EU purposes:
http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

May I ask when is the document published?

BNO has been forgotten by lots of people for the last 10 years but it came to a sudden change last year, when UK suddenly wrote to the EU suggesting visa-free travel for EU. We are talking about what has been happening for the last 2 years and any decision before that may not be useful for decision making.

[JAJ]

BNO has been forgotten by lots of people for the last 10 years but it came to a sudden change last year, when UK suddenly wrote to the EU suggesting visa-free travel for EU. We are talking about what has been happening for the last 2 years and any decision before that may not be useful for decision making.

There is a huge difference between visa free travel for BNO and conferring on them a right of abode in the U.K.

Sorry, but it's not going to happen anytime soon.

[mushroomed]

I get your point Jaj..
Calai has been really helpful, but honestly I don't want a British Passport. Indefinite Visa would be fine for me.
I don't want to be naturalised.
Like my Dad, Mom and Sis and many other Gurkha children like me , I just want to obtain the Indefinite Visa.
Am I asking for sth outside my rights???
Is there a simple explanation why my ILR Visa has been rejected??

[paulp]

I get your point Jaj..
Calai has been really helpful, but honestly I don't want a British Passport. Indefinite Visa would be fine for me.
I don't want to be naturalised.
Like my Dad, Mom and Sis and many other Gurkha children like me , I just want to obtain the Indefinite Visa.
Am I asking for sth outside my rights???
Is there a simple explanation why my ILR Visa has been rejected??

Under what category and what form did you use to apply for ILR? From what you said, it appears you were applying as dependents of your father?

Shouldn't you have been included as his dependents on his ILR application form?

[britishhk]

I'm NOT saying UK is rejecting you ethically.

BUT!

You simply cannot be a dependent of your parent forever. If you are under 18, or over 18 but still going to school on your parent's support, you are a dependent.

If you are over 18 and have graduated from school, and the worse case to your application-you have a job, making your own money, you are no longer under dependency of your parents.

Your application failed to show the following criterion...

Your child must show that he/she:
* is not leading an independent life;
* is not married or in a civil partnership;
* has not formed an independent family unit; and
* is aged under 18.

There is however, a loophole to get around this, you are NOT eligible for ILR but a BC passport. But i see that you are hateful to a British Passport, so nevermind.

I get your point Jaj..
Calai has been really helpful, but honestly I don't want a British Passport. Indefinite Visa would be fine for me.
I don't want to be naturalised.
Like my Dad, Mom and Sis and many other Gurkha children like me , I just want to obtain the Indefinite Visa.
Am I asking for sth outside my rights???
Is there a simple explanation why my ILR Visa has been rejected??

[sakura]

britishhk, how does he qualify for British citizenship?

[mushroomed]

Hi, British HK, Thank you for trying to help, but I shall mention this again..
It's been more than a year since I've applied for the ILR. I had just finished college then, and was totally dependent on my parents. I was not working independently and had no source of income, and still don't , coz for some strange reason, my BNO passport's still in the Home Office.
When it was rejected the first time, they told me that I did not produce the credit history details stating that I was supported by my parents. This I have explained in my previous posts.
To shorten my explanation, I have reapplied, and this time with letters from my college abroad saying that I was financially dependent on my parents.

well, I'll just like to make some things clear. I love my country Nepal. I do understand the economy in my country is minimal compared to the British economy. But, since my Dad, and ex-Gurkha, works in a cruise liner based in Dover, Uk, and my sis is starting college in London, I would like to live in the UK with my family for some years.
I am pretty confident that I will return back to Nepal after 9-10 years, and work as a Doctor in Nepal. Cause, it's certain that the country needs some people like me. But, I'd like to gain some experience here, work under some Doctors here, and take home the acquired knowledge from the UK. This is why I would prefer not to be naturalized. My sister might live her life here, but I am pretty sure my parents are getting retired in Nepal, and I shall work my latter days in Nepal.

[mushroomed]

Btw, \british HK, I can easily prove to you that lot of Gurkha children, who were way more than 18 years, when they applied for ILR have been granted.
My best friend/ my sis/ my cousins...there are lots..
So, u can cross out the criteria of Age 18 from your list..
Yes, I know it is there in the application form, but it ain't true..

[calai]

britishhk, how does he qualify for British citizenship?

I know quite a few people who register as British citizen simply because they are BNO and do not qualify for Chinese citizenship under Chinese nationality law even theydid not meet ILR requirement. This is not a matter of requirement of residence in the UK. He is not subject to the declaration mentioned in Lord Goldsmith's citizenship review as he is not Chinese.

Under British nationality law there are two provisions that give an entitlement for BN(O)s to register as British citizens.
Firstly for those BN(O)s who have had 5 years lawful residence in the UK it may be possible to register under Section 4(2) of the British Nationality Act 1981. Please find enclosed the Guide B(OTA) which provides further details on the criteria that must be met in order to be registered under this provision. There is no requirement under this provision for BN(O)s to hold no other nationality, so those British nationals who are dual citizens could apply under this provision.

Secondly, the British Nationality (Hong Kong) Act 1997 provides that those BN(O)s who are ordinarily resident in Hong Kong (both on the date of application and immediately 4 February 1997) and who hold no other citizenship but BN(O) (on 4 February 1997 or, if BN(O) status was obtained after that date, whatever date BN(O) status was acquired on).

With respect to his particular question about the proof required to show that an applicant does not hold Nepalese citizenship, it is clear from Section 9(2) of the Nepalese Citizenship Act 1964 that anyone who is a dual Nepalese citizen by birth will automatically loose their Nepali citizenship when they reach the age of 21 if they have not renounced their other citizenship. Therefore it would be sufficient for the purposes for an applicant to provide evidence that they are over 21 and hold BN(O) status.

[calai]

His appliction of ILR is a bit complicated...but he should be entitled to Register as a British citizen assuming he does not have any other nationalities.


http://www.publications.parliament.uk/p ... 0001.htm#c...

Lord Avebury asked Her Majesty's Government:
27 Mar 2008 : Column WA106

''All of these nationals have an entitlement to registration based on a period of five years’ residence in the United Kingdom. British Overseas citizens, British subjects and British protected persons additionally have an entitlement to register if they have no other nationality, and British Nationals (Overseas), British Overseas citizens, British subjects and British protected persons can apply for registration under the British Nationality (Hong Kong) Act 1997 if they have no other nationality and are ordinarily resident in Hong Kong.''

This answer is not completely correct.
British Nationals (Overseas), British Overseas citizens, British subjects and British protected persons can apply for registration under the British Nationality (Hong Kong) Act 1997 if they have no other nationality BEFORE 4 FEB 1997 and are ordinarily resident in Hong Kong

[JAJ]

His appliction of ILR is a bit complicated...but he should be entitled to Register as a British citizen assuming he does not have any other nationalities.

Not necessarily true for a BNO. Such a person must be resident in Hong Kong and also resident there on 4 February 1997 (normally).

http://www.publications.parliament.uk/p ... 0001.htm#c...

Lord Avebury asked Her Majesty's Government:
27 Mar 2008 : Column WA106

''All of these nationals have an entitlement to registration based on a period of five years’ residence in the United Kingdom.

Only if permanently settled under the immigration rules.

[calai]

For his case, it's just a matter of time that he can get ILR or BC (if he wants)

However, if he has children with a Nepalese woman one day, the children will be stateless as he does not want a BC for himself and Nepalese children can't 'inherit' a passport from their mother. His children would not be eligible for anything in this case.

[JAJ]

For his case, it's just a matter of time that he can get ILR or BC (if he wants)

On what basis do you make the claim that he will automatically get ILR?

However, if he has children with a Nepalese woman one day, the children will be stateless as he does not want a BC for himself and Nepalese children can't 'inherit' a passport from their mother. His children would not be eligible for anything in this case.

If a child of a BNO has no other nationality at birth, child is automatically a British Overseas citizen and can be registered immediately as a British citizen.

[Deven]

How can he get British Citizens?

[mushroomed]

Well After a month I've got this application from the Home Office wanting details of the sponsor like wages, rent of accommodation, proof of sponsor during my academic years...

Confusion here is I have already submitted all the original details to the home Office. Thus should I just mention in the boxes where the original evidence is wanted, that I have submitted the required evidence. Otherwise how do I get more original evidence?

Should I also mention the original Reference number beside the statement where I say that the required documents have been submitted..

Or should I write a covering letter stating that my originals have been submitted.

I've heard that Home Office sometimes misplaces/ loses information. I hope they have not done this to me???

your help will be kindly appreciated.

cheers

[JAJ]

I've heard that Home Office sometimes misplaces/ loses information. I hope they have not done this to me???

your help will be kindly appreciated.

cheers

Did you keep copies of what you sent?? Or why did you not send certified copies and keep the originals?

[mushroomed]

I sent all the originals.
Now, i have some new bank statements, council tax, my landlord's No objection letter. I am sending the originals again cause this is what they, the home office, have instructed me to send.

My solicitor also thinks it'll be a better idea to send the originals.

[mushroomed]

and Yes Of course I have kept the copies of each and every original document i have sent to the home office.