Right of Abode

[Amy888]

Hi,

I am born in Malacca (one of the British colonies in Malaysia) before 1983. Both my parents were also born in Malacca before the independence in1957. I am wondering whether I am qualify to apply for the Right of Abode which gives me the indefinite leave to remain in UK?

Currently I am holding a Malaysian passport ( a commonwealth country) and the Tier 1 (Post Study Work) Visa. I intend to extend my visa through the Tier 1 (General) after 1 year. However, if I am qualify for the Right of Abode (ROA) certificate, I will opt for ROA as it gives me an indifinite leave to remain immediately as compared to Tier 1 General which only gives me 3 years to remain.

Also, I came to know that being born in Malacca before 1983 also gives me the right of earning the BOC, but do I have to give up my Malaysian passport? Also, does BOC give me the entitlement to live and work in UK indifinitely? If this option requires me to give up the Malaysian passport, would then ROA be a better option, if I am qualify?

Please advise.

Many thanks.

Amy

[ben_scaro]

You have no right of abode or to live and work in the UK based on BOC status alone. A BOC is subject to immigration control, just like a Malaysian, so it gives no advantage, and activating the status by getting the BOC passport may endanger your Malaysian nationality.

The Tribunal has recently rejected three test cases of people in this exact situation. You can read all about their predicament here:

http://thestar.com.my/news/story.asp?fi ... &sec=focus

Whatever you do, keep your Malaysian passport. If you lose or renounce Malaysian citizenship, you will be stateless, as the Tribunal found BOC is not a real citizenship.

In the test case, the three appellants had renounced Malaysian citizenship, and the UK would still give them nothing. Read the case here:

http://www.ait.gov.uk/Public/Upload/j22 ... laysia.doc

If you have an adviser telling you that you will get somewhere on the BOC passport in your situation, then I am sorry but he or she is either ignorant or lying. Don't be fooled.

Ben