ILR application based on a 10-year long residence basis

[SWEET_AIR]

I first entered the UK on 27th August 1996 as a student. I stayed in the UK from then till OCT 2002 on student visas. From Nov 2002 till now, I've stayed in the UK as a work permit holder.

I am planning to apply for Indefinite leave to remain for a 10-year long residence basis next month, and I have the following queries:
(i) is it true that I can apply ILR 28 days before the 10-year period (i.e. 27th August 2006)? or do I have to wait until this date?
(ii) I am a British Overseas Citizen - is it true that a BNO passport holder will not lose ILR even if he/she leaves the country for 2 years after obtainning ILR?
(iii) what documentations are essential for my ILR application?

[Mafia]

1. Yes. I personally know of friends who have sought proper legal advice on this matter and indeed were successful in applying up to 28 days in advance.

2. Not sure.

3. Please refer to section 6 of the Set(O)M form.
http://www.ind.homeoffice.gov.uk/6353/1 ... to0606.pdf

You will need your passports during the last 10 years to demonstrate your legal stay in the UK.

[ppron747]

...(ii) I am a British Overseas Citizen - is it true that a BNO passport holder will not lose ILR even if he/she leaves the country for 2 years after obtainning ILR?

This is certainly the case with BOCs - replacement BOC passports are generally endorsed "Holder is entitled to re-admission to the United Kingdom" when issued to someone who has been "settled" in the UK. I don't know whether the same applies to BN(O)s, although I cannot see a reason why it shouldn't.

But unless you're planning to leave as you as you've got your ILR, are you aware that a further 12 months UK residence will entitle you to be registered as a British citizen, which is a more useful status than BOC/BN(O)? Details here on the IND website.

[SWEET_AIR]

ppron747 and Mafia. Thanks for your replies.

I do have one particular concern regarding my application: looking at other forums, people stressed the importance of having a good bank statement to show the home office staff. However, due to various reasons, I don't have much cash in the bank - but I am a home owner though (this is also one of the reasons why I don't have much cash). Also in the new application form (since 22nd June), it is stated that people who apply for ILR based on long residence criteria do not need to complete section 3 (Finance) of the form. What's your views on this? I will definitely bring my latest bank statement and wage slips (plus my property deed) - will this affect their decision on my ILR application?

[Dawie]

As has been stated in many other posts across this board, the purpose of showing your bank statement for ILR purposes is to show that you do not need to rely on public funds. What they are looking for is a regular income coming into your account, they are NOT looking for an absolute amount in your bank account.

When I applied for ILR I showed a bank statement of current account that only contained £70 at the time, and there was no problem.

Also in the new application form (since 22nd June), it is stated that people who apply for ILR based on long residence criteria do not need to complete section 3 (Finance) of the form. What's your views on this?

Well, if they say don't complete it........then don't complete it! What are you worried about?

[SWEET_AIR]

I just rang up the Home Office in Croydon hoping to book an appointment for my ILR application. I told the officer that my application is based on a 10-year long residence. She told me that on that basis, I must complete the full 10 years before I can apply. I said this is not what stated on the application form, but she said that they have been advised by the Public Enquiry Office to advise applicants on that recently. Can anyone here give me some advice? I really want to sort out my ILR application ASAP.

Thanks

[SWEET_AIR]

Hi all, thanks very much for your help and advice - my ILR was granted yesterday morning in Croydon!! I'd like to share my experience with you.

After my last post, I rang up the Croydon office two days later. An other officer picked up the phone and I asked specifically if I can apply for ILR on 1st August (28 days before I complete the 10-year period). She said it was fine - and I went ahead and booked the appointment.

When I arrived at Croydon yesterday - the first thing the officer on the ground floor after checking my passports (who was supposed to check if you have all the docs necessary etc) said "mam, you are not qualified to apply ILR on a ten year basis". He then went away and checked with his supervisor - it turned out to be okay.

I went to pay then went to the second floor - my appointment was booked at 9 - and an officer called my number at 9am exactly. She was very friendly. She looked at both of my passports (the old one has the date that I first entered the country) and noted down all the UK visas with their dates and durations etc. she said everything seemed fine - and she didn't even ask for any documentations. All I gave her were my application form and my two passports. She said that all the work permit visas are on the system and she doesn't need any doc from me (not even bank statements, wage slips, mortgage agreement etc - the financial aspect seemed irrelevant to my application).

The only thing that bothered her a bit was that I have two different nationalities on my passport. I am a Hong Kong born chinese holding a BNO passport. My old passport was issued in Hong kong and said my nationality is British (National) overseas. i renewed my passport in 2000 in the London Passport Office - and on that passport my nationality is British Overseas Citizen. I have little knowledge about these two nationalities and never paid any attention to the fact that they are different.

I read from another threat that British Overseas Citizen will never lose their ILR (however this doesn't apply to BNO holder). So in my case, if I don't apply for neaturlisation for a year - and if I leave the UK for more than 2 years - will I lose my ILR? Is my nationality BNO or British Overseas Citizen?

[Smit]

Congrats on receiving the ILR.

Were/are you aware that BOC's are entitled to register as British Citizens if they do not hold another nationality?

[JAJ]

The only thing that bothered her a bit was that I have two different nationalities on my passport. I am a Hong Kong born chinese holding a BNO passport. My old passport was issued in Hong kong and said my nationality is British (National) overseas. i renewed my passport in 2000 in the London Passport Office - and on that passport my nationality is British Overseas Citizen. I have little knowledge about these two nationalities and never paid any attention to the fact that they are different.

I read from another threat that British Overseas Citizen will never lose their ILR (however this doesn't apply to BNO holder). So in my case, if I don't apply for neaturlisation for a year - and if I leave the UK for more than 2 years - will I lose my ILR? Is my nationality BNO or British Overseas Citizen?

It sounds to me like you are a BN(O) rather than a British Overseas citizen. Paul may have a better idea, but it seems to me like your BOC passport was issued by mistake.

Incidentally, visa-free travel on a BOC passport is not as good as on a BN(O) passport, so be careful if travelling outside the UK.

Once you have ILR, why not keep things simple, stay in the UK for 12 months and then apply for registration as a British citizen. This is simpler than naturalisation and you will be able to use this facility because you already hold a form of British nationality.

[ppron747]

......The only thing that bothered her a bit was that I have two different nationalities on my passport. I am a Hong Kong born chinese holding a BNO passport. My old passport was issued in Hong kong and said my nationality is British (National) overseas. i renewed my passport in 2000 in the London Passport Office - and on that passport my nationality is British Overseas Citizen. I have little knowledge about these two nationalities and never paid any attention to the fact that they are different.

I read from another threat that British Overseas Citizen will never lose their ILR (however this doesn't apply to BNO holder). So in my case, if I don't apply for neaturlisation for a year - and if I leave the UK for more than 2 years - will I lose my ILR? Is my nationality BNO or British Overseas Citizen?

Hello Sweet Air - congrats on the ILR!

If you're ethnically chinese, then I think it is almost 100% certain that the London Passport Office got it wrong when they issued your BOC passport, and that the BNO Passport Section in Hong Kong got it right the first time around.

You would have been a British Dependent Territories citizen (BDTC) by virtue of your birth in Hong Kong.

The way that things worked at the handover of Hong Kong was that everyone who was a BDTC solely through their connection HK lost that status at midnight on 30 June 1997.

Those who wanted to continue to hold a British passport could do so, if they were registered as a British National (Overseas) (BN(O)) which was a new status created in 1986 specifically for that purpose.

You were presumably registered as a BN(O) within the deadline, and so continued to be a BN(O) when your BDTC fell away. Because you are ethnically chinese, you should also be eligible for a passport issued by the HK Special Administrative Region, should you wish.

The only people who became BOCs on 30.6.97 were people who had been BDTCs of HK, who had not registered as BN(O)s, and who had no other nationality to fall back on. Basically, they were people who, when their BDTC fell away, would be left stateless. Probably the stereotypical BOC with Hong Kong connections is someone of Indian ethnic origin who was born or registered or naturalised in HK. He doesn't have Indian citizenship (because India objects to dual nationality) and would therefore have become stateless on 30.6.97. This couldn't be allowed to happen, so they "switched" to being BOCs. But this cannot work for someone who is ethnically Chinese, because the Chinese government made it clear that they regard all ethnic Chinese born in HK as citizens of HKSAR.

So, to sum up, you are a BN(O), and I think you should contact the Passport Office ASAP to get your passport corrected - and they should pay to have your ILR transferred to a new BN(O) passport - because the only way your passport can be corrected is by issuing a fresh one.

As I indicated in my earlier post, I don't know whether you risk losing your ILR if you leave UK for more than two years. I know that ILR doesn't expire for BOCs, and my instinct is that the same should apply for BN(O)s, but please don't take this as gospel - I just don't know.

However, as soon as you have held ILR for 12 months, you should be eligible to be registered as a British citizen - details in Guide B(OTA), downloadable from this page on the IND website.

[JAJ]

As I indicated in my earlier post, I don't know whether you risk losing your ILR if you leave UK for more than two years. I know that ILR doesn't expire for BOCs, and my instinct is that the same should apply for BN(O)s, but please don't take this as gospel - I just don't know.

It appears this the exemption from the 2 year rule only covers British Overseas citizens, British protected persons and certain British subjects. And even then not in all circumstances:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

A British Overseas citizen who holds a United Kingdom passport (regardless of where it was issued) is also entitled to admission at any time as a returning resident if he can satisfy the immigration officer that he has, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom. This provision makes clear that it applies only to those BOCs who were admitted expressly for the purpose of settlement after they had become subject to control. It is not intended to apply to those who came to the United Kingdom before the imposition of controls and subsequently decided to remain here. It is also extended expressly to BOCs who may have been admitted for some other purpose, but who have subsequently been accepted for settlement. Finally, this provision is extended outside the Rules to British subjects by virtue of Section 30(a) of the British Nationality Act 1981 and BPPs.

(the wording in the middle of the document is unclear as to how it applies to BOCs admitted temporarily and then granted settlement).

There is another more general provision (described in the document) that does cover any category of British national, but only those who obtained a United Kingdom passport within the Common Travel Area before 1 January 1973.

[ppron747]

I can't help wondering, though, whether it might be a simple matter of no-one having looked at the issue since BN(O) was created. The two things that all of these statuses have in common are that none of them have the right to live in UK, and all of them are British statuses - I cannot see why BN(O) is excluded.

I'm also absolutely certain that, in the past, I've seen BDTC passports endorsed to the effect that the holder is entitled to re-admission to UK, which implies that the rule also applies to them, although it isn't mentioned in the bit you've snipped from IDIs. (Although most BDTCs/BOTCs are now British citizens, there are still a few thousand who aren't...)

[JAJ]

I can't help wondering, though, whether it might be a simple matter of no-one having looked at the issue since BN(O) was created. The two things that all of these statuses have in common are that none of them have the right to live in UK, and all of them are British statuses - I cannot see why BN(O) is excluded.

I'm also absolutely certain that, in the past, I've seen BDTC passports endorsed to the effect that the holder is entitled to re-admission to UK, which implies that the rule also applies to them, although it isn't mentioned in the bit you've snipped from IDIs.

The other category reads:


Under Paragraph 16 of HC 395, unless the passport has been endorsed to show that he was subject to immigration control, a person in any of following categories may be freely admitted to the United Kingdom on production of a United Kingdom passport issued in the United Kingdom and Islands or the Irish Republic prior to 1 January 1973, regardless of the fact that they may have spent more than 2 years outside of the United Kingdom:

* British Dependent Territories citizen (BDTC)
* British National (Overseas) (BN(O))
* British Overseas citizen (BOC)
* British Protected Person (BPP)
* British Subject (BS) by virtue of Section 30(a) of the British Nationality Act 1981.

This provision is intended to show that there is a continued commitment to admit freely those who are able to produce certain United Kingdom passports issued within the common travel area before the Immigration Act 1971 came in to force, unless the passport contains any of the following endorsements which would indicate that the holder was subject to control at that time:

* "Issued on behalf of the Government of....."
* "This passport does not fall within the category of passport referred to in Section 1(2) of the Commonwealth Immigrants Act 1962."
* "Circular 'O' 252/68 or 79/71"; or "issued in accordance with House of Commons statement on 17 June 1968"


It certainly would appear to be risky for a BN(O) to rely on an exemption from the 2 year rule being granted.

(Although most BDTCs/BOTCs are now British citizens, there are still a few thousand who aren't...)

Leaving aside those registered or naturalised as BOTC since 21 May 2002 and who haven't since done a s4A/s5 application for British citizenship, do you mean those from the Sovereign Base Areas?

[ppron747]

...do you mean those from the Sovereign Base Areas?

Yes

[SWEET_AIR]

hi Paul and JAJ,

thanks for your responses.

(i) I will get my passport sorted out - hopefully the Passport Office does what you suggests - transfer my ILR to the new passport - for free
(ii) I would love to stay here for another 12 months and get registered as a british citizen - but my father has terminal illness (cancer) back home - and he probably will leave us any time. so although i never make a plan of it - but for this reason it is likely that I will return to home for a while. However I will definitely be back and be settled here within 2 years. I do not want to risk losing my ILR.

Again thank you so much for your help and good luck to the others who are applying ILR.