- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Maybe this is the source of the rumour. From the Nationality Instructions on section 4B registration:ppron747 wrote:Hi nangvil
To take your last point first, it's a rumor I've heard.. It may have some truth in it, or it may just be an urban myth, to give immigration folk something to talk about over a pint...
The theory is that if, having got your BOC passport, you renounce your Malaysian citizenship while you're outside Malaysia, you then don't have a country to which you can be returned, and so have to be allowed to remain here.
Whether it has any basis in truth, I don't have a clue.
I see no legal basis for the Passport Office to refuse to issue a BOC passport to a person who holds that status. But we see a regular supply of cases where front-line Passport Office officials do not exactly have a comprehensive understanding of nationality law.I wonder, though, now you've reminded me of it, whether that might possibly have been the reason for the Passport Office's refusal to issue....
No - the rumour/myth/speculation/theory pre-dated section 4B by ages, IIRC - the person who first told me about it has been dead for at least ten years!JAJ wrote:.....Maybe this is the source of the rumour. From the Nationality Instructions on section 4B registration:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf).....
An application on Form BOS (ie under s.4B of the 1981 Act) can't work for you, nanvil - you would need to show that you weren't Malaysian on 4 July 2002, and of course, you cannot do that.nangvil wrote:Could you kindly clarify that?However there is no particular need I can see to obtain a BOC passport in order to obtain British citizenship this way. Other evidence of BOC status is enough. And it doesn't matter what other citizenship he may hold.
I still have another 2 more years to go before I am qualified for ILR. I'm not sure if I am able to extend my contract and stay for that period of time. Are they any other ways to obtain BC through BOS status instead of waiting another 2 years for ILR?
The British High Commission in Australia say it should be possible:ppron747 wrote: I know the Passport Office can be difficult over, eg dual national holidaymakers in UK, applying for their first British passport while they're here on a visit. They tend to take the line that if the person is ordinarily resident elsewhere, then elsewhere is where they should be getting their first British passport.
I think Paul has made it clear that even if you renounce your Malaysian citizenship it will not give you ILR on that basis.nangvil wrote:Interesting to note what u have mentioned regarding relinquishing my malaysian citizenship here in UK and obtaining ILR. Sounds very interesting:)
http://www.ind.homeoffice.gov.uk/docume ... iew=BinaryApplications for indefinite leave to remain from BOCs, BSs and BPPs who do not qualify
under the Rules but who claim they are unable to return to their previous country of
residence should normally be refused. Applicants should be advised that they may be
eligible to register as a British citizen under the NIA Act. A paragraph for inclusion in the
refusal letter can be found at annex C
Where there is compelling evidence of non-returnability, the granting of discretionary leave
may be considered. More detailed information on how to handle applications outside the
Rules from BOCs, BSs and BPPs and the limbo policy is contained in Chapter 22 Section
2.
However this does not alter the fact that all British citizens, including those from the IoM/CI, are "United Kingdom nationals" for EU purposes. And all British citizen passports, including those issued in the IoM/CI to those with an employment restriction, are in EU common format.ppron747 wrote:IoM and Channel Islands produce their own passports with the name of the territory on the front.... And people from those places DO have the right of abode in UK, because they're British citizens. It's their ability to benefit from the settlement and establishment provisions available to EU nationals that may be compromised by their IoM/CI connection. In that case the passport is endorsed with something to that effect.