I would say that, right now, you are in a considerable amount of what the French would call "la merde". Mostly of your own making.
Right now, you have no right to reside or work in either the UK or India. I think, at the very least, since you are still in India, you should look at applying for OCI (Overseas Citizenship of India). That will at least give you a roof over your head.
Secondly, are there any spouse or children involved in your loss of Indian citizenship?
Now to answer some of your questions.
meeranmo wrote: ↑Tue Mar 19, 2024 12:28 pm
If possible can i apply ROA
By definition, you do not have RoA in the UK. When you were born, you inherited CUKC status from your father. However, neither he nor you had RoA in the UK, which, at the time, only applies to CUKCs who were either born, registered or naturalised in the UK itself (and not a colony) or their parent or grandparent was born, registered or naturalised in the UK itself (and not a colony).
As Big Ben rang in 1st Jan 1983, CUKCs with RoA became British citizens, while CUKCs without RoA became British Overseas Citizens (BOCs). The definitional difference between the two was lack of RoA in the latter. Therefore, as your father and you had CUKC but not RoA status on that date, both of you became BOCs and not British citizens.
Ergo, you don't have RoA. The only way now to acquire RoA after 1st January 1983 is to become a British citizen through naturalisation or registration.
meeranmo wrote: ↑Tue Mar 19, 2024 12:28 pm
If possible can i apply UKF
No. Form UKF applies to children born abroad before 2007 to unmarried
British citizen fathers, who could not inherit British citizenship from their unmarried fathers because their parents were not married.
As you have been issued a BOC passport, you did inherit CUKC status from your father and therefore almost certainly your parents were married before your birth. And in any case, your father is not a British citizen. So Form UKF is not an option.
meeranmo wrote: ↑Tue Mar 19, 2024 12:28 pm
If possible can i apply citizenship under section 4B
I concur with
@meself2, that because you
voluntarily made yourself stateless by applying for a BOC passport, Section 4B does not apply to you.
Caseworker guidance: Registration as a British citizen: other British nationals wrote:(Page 33)
Renouncing, voluntarily relinquishing or losing by action or inaction another citizenship or nationality
If applicants have declared that they had another citizenship or nationality but renounced it or otherwise lost it, we will need to see evidence of renunciation or loss.
This is because an applicant who renounced, voluntarily relinquished or lost through action or inaction any other citizenship or nationality after 4 July 2002 (or, if the applicant is a British national (overseas) BN(O, 19 March 2009) would not be entitled to registration.
It is not relevant whether an applicant was, or claims to have been, unaware that any action or inaction on his part would lead to the loss of the other citizenship or nationality. The mere fact that this action or inaction led to the loss means that there is no registration entitlement.
Therefore,
applicants will not be eligible for registration if, after 4 July 2002 or 19 March, a BN(O) they either:
• renounced that other citizenship or nationality (or voluntarily gave it up by some other active process equivalent to renunciation)
• lost another citizenship or nationality as a direct consequence of their obtaining or applying for a British passport
• lost another citizenship or nationality as a direct consequence of their failure to give up a British passport or renounce:
o British overseas citizenship
o British subject status
o British protected person status
You application for a BOC passport would of course be something that the Home Office will be able to see. And if it post-dates 4 July 2002, you are not eligible to register under Section 4B.
meeranmo wrote: ↑Tue Mar 19, 2024 12:28 pm
if possible can i apply leave to remain stateless?
You don't need leave to remain stateless. You
are stateless. And that is not a good place to be. Being a citizen of a country is the right to have rights, as I think Hannah Arendt put it. Right now, you do not have a right to be anywhere.
All that a BOC passport entitles you to is consular assistance from British diplomatic authorities
outside the UK. It does not provide any rights within the UK, except that once you acquire ILR, through an appropriate immigration route (such as skilled worker or spousal visa), you would not lose it even after an absence of 2 years. Your ILR is more secure
once acquired, but the pathways for you to acquire ILR are the same as those open to any other Indian citizen.
meeranmo wrote: ↑Tue Mar 19, 2024 1:29 pm
If come to uk search for a job once I get sponsorship can I switch work permit inside uk?
The norm is that you need to apply for a work visa from your country of habitual residence. But, if you are stateless, they may have to make an exception for you. But that is by no means guaranteed.
Keep in mind that the salary requirements for skilled worker visas is going up in April. And the employer needs to be licensed to hire non-British workers. Not all employers will want to go to the effort of applying for and paying for a license to hire foreigners.
I have been trying to help an electronics engineer with seven years work experience (and a 9/9 in IELTS to boot) immigrate to the UK. And even with those qualifications, there hasn't been a single interview call in the past year.
So, unless you are exceptionally skilled, I would suggest that it would be quite hard to get a job in the UK, even when you are in the UK on a visit visa.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
