British Citizenship through Descent

[sarfraz]

Hi,

I currently hold a British passport overseas (BNO). I have been living in the UK since the past 6 years. I came with my mom when i was 17 and since then i have been studying, working, claimed some benefits ( i.e. child benefits, student finance, etc) and obtained my driving license. I recently attempted to apply for a job through my university and they said that the passport i hold does not give me the right to abode and therefore i am not legally living in the country. They told me that they could not keep me on my course ( of which i had one more year to achieve my degree). My mom has full British citizenship by birth. My question is, why did the government allow me to use my passport to work, study etc. as if I had the right to abode. Is my University correct in saying I don't have the right to abode?

[Amber]

Was your Mother born outside the UK?

[ken218]

If your mom is a British citizen by birth, surely you could have registered as a British citizen when you were born. Why are you on BNO then?

Your university is correct that BNO doesn't allow you to live/study/work in the UK. Your employer overlooked the fact that you are not a British citizen.

[sarfraz]

my mom was born in Hong Kong whilst it was under British control. she received a British overseas citizen passport. then in 2005, she was able to apply for British citizenship registration under new laws. i am unsure of these changes in the law.

[secret.simon]

Do you have or have you ever had any other citizenship other than BNO?

If you are of Chinese descent, China considers you a Chinese citizen, irrespective of the passport you hold.

If you are not of Chinese origin and do not have and have never held any other nationality, you may be able to register for British citizenship directly.

Registration As British Citizen If You Are A British National (Overseas) With No Other Nationality

Followings are the requirements you need to meet to be eligible for registration as a British citizen by descent.

You must:

be a British National (Overseas);
not hold any other citizenship or nationality;
not have given up any citizenship or nationality;
not have lost any citizenship or nationality by action or inaction.

It is possible to be a citizen or national of a country even if you have never held a passport issued by the authorities of that country. You should make sure this does not apply to you before you make your application.

[sarfraz]

I just received a reply from the Home Office. Unfortunately, the B(OS) application has been refused on the grounds that I had citizenship in Pakistan by birth. However, they have mentioned that when I reached the age of 21 in 2012, I have lost my Pakistani citizenship status. They also went onto mention that if I still want to apply to become a British Citizen, I would need to apply for naturalisation. Before applying, I would need to obtain an indefinite leave to remain. I feel that this may be some good news as I have no right to abode in any country and only hold a BNO passport. However, when I previously applied for the indefinite leave to remain, I was refused it as I am currently (unknowingly) considered an overstayer. Does anyone have any advice for my case? Any advice would be greatly appreciated.

[Amber]

I believe it's registration as British under section 4 BNA 1981 rather than naturalisation.

Unfortunately there doesn't appear any discretion to waive the 'be free from immigration restrictions on date of application' requirement. See also, https://www.gov.uk/government/uploads/s ... pter12.pdf

[sarfraz]

Now that I am stateless and only hold a BNO passport, is there anything that can be done to convert my status or at least obtain an indefinite leave to remain on solely that basis as I am in breach of immigration rules?

[secret.simon]

@sarfraz

You are not stateless. If you were stateless, you would not have a passport. You are a British national, though not a British citizen.

You are correct that you do not have the right of abode in the UK. However, most people with a BNO passport would have a Hong Kong Identity Card, which grants right of abode in Hong Kong.

@Amber
Section 4.4 of the BNA 1981 (http://www.legislation.gov.uk/ukpga/1981/61/section/4) appears to give the Secretary of State discretion to disregard both the requirement with regards to ILR (4.4.c) and the requirement not to be in breach of immigration law (4.4.d). The OP may just need to make a good case for both of them. Can we have your thoughts?

[Amber]

I believe it's registration as British under section 4 BNA 1981 rather than naturalisation.

Unfortunately there doesn't appear any discretion to waive the 'be free from immigration restrictions on date of application' requirement. See also, https://www.gov.uk/government/uploads/s ... pter12.pdf

[sarfraz]

Thank you everyone for your replies. I will be speaking to my solicitor on Tuesday to discuss this issue and will keep you posted.

In regards to HK identity card, even if i was to have one, could the Home Office send to a country that i have never been to or don't speak the language or have any understanding of the culture? is that not against my human rights?

It seems like i cannot apply for the ILR, is there anything else i may be able to apply for to give me a legal status in the UK?

[fwd079]

Thank you everyone for your replies. I will be speaking to my solicitor on Tuesday to discuss this issue and will keep you posted.

In regards to HK identity card, even if i was to have one, could the Home Office send to a country that i have never been to or don't speak the language or have any understanding of the culture? is that not against my human rights?

It seems like i cannot apply for the ILR, is there anything else i may be able to apply for to give me a legal status in the UK?

Possibly a duplicate topic.