"Retroactive" ILR

[c1mth0g]

I know this is a long shot - but does anyone know if this is worth a try:

I was resident in the UK from 1997 to 1998 on a work permit.
Recently I discovered that I am actually a British Overseas Citizen (through my father who was born in Penang before 1957).

Looking around the UKBA website, I had found the following:
(1) Before 2002, BOCs with a work permit were given ILR
(2) ILR for BOCs is for life - there is no need to maintain residence in the UK (I have been living in the US since 1998 with several short trips to the UK each year).

Do you think there is any chance of being able to get a BOC passport with ILR on this basis? Right now it's more for the option since I don't have concrete plans to move back to the UK.

[Wanderer]

Think it's only of any use if ur otherwise Stateless and the HO is resisting even that.

Making ur self stateless doesn't work either...

[c1mth0g]

Think it's only of any use if ur otherwise Stateless and the HO is resisting even that.

Making ur self stateless doesn't work either...

No, I am not applying for British Citizenship on the basis of having no other nationality. I am just wondering if there is even a chance of getting ILR on basis of the fact that I was entitled to receive it (but did now know about it at that time).

[JAJ]

You'd need to discuss with an immigration solicitor for sure, but as far as I am aware the pre-2002 situation you speak of was a concession outside the Immigration Rules. If you didn't apply for it at the time, I don't think it was an automatic process.

[ben_scaro]

If it was a concession outside the rules, it seems to have been a widely used one. I am aware of numerous people who went this route.

Ben

[c1mth0g]

If it was a concession outside the rules, it seems to have been a widely used one. I am aware of numerous people who went this route.

Ben

Actually, would you know if this concession is still in place? The ukba website actually has conflicting information. One document dated 2004 or 2006 seems to imply that it is, but there is another document that says it was ended in 2002.

[ben_scaro]

What UKBA documents are you referring to?

Ben

[c1mth0g]

What UKBA documents are you referring to?

Ben

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

which is dated Nov 2004 says the concession was abolished on 5 March 2002, but

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

dated Dec 2006 seems to imply it is still in effect?

[ben_scaro]

Odd. Unless they withdrew a concession that was for BPPs, BOCs and British subjects in March 2002 and then put in place one that covered BPPs and BOCs only ?

As the 2006 one has the reference to 'British subjects' removed.

But that's a guess. I don't know.

Ben

[c1mth0g]

Any clue how to find out the current status of this concession? A letter to the Home Office?

[penanglad]

I looked into this back in 2005 and wrote a few posts on the subject which no-one could answer:

http://www.immigrationboards.com/viewto ... highlight=

. At the time, there was no reference in the IDIs to the concessions having been abolished, but the work permit and retired persons of independent means chapters still said that BOCs should be given ILE. On this basis, I thought there was a legitimate expectation that this should have been granted, but it was impossible as ports of entry no longer held the ILE stamps, and no-one seemed to know about it. I considered applying to the British High Commission abroad, and to the Home Office (for ILR instead of ILE), but in the end I got ILR on the 10-year rule, so never had to try it. I wrote to the Home Office and my MP about it several times, but never got a clear answer.