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I think there are benefits for stateless people but not those who have made themselves stateless.Cynister wrote:Hmmm.....so at this point, for me to obtain a BOC is futile and a waste of time if I want to continue working... :cry:
So what are the benefits of having the BOC at all? None at the moment that I can see :(
If it were that easy to obtain BOC to remain in the UK, don't you think most Malaysian (and other) citizens would have done that by now?Cynister wrote:Hmmm.....so at this point, for me to obtain a BOC is futile and a waste of time if I want to continue working...![]()
So what are the benefits of having the BOC at all? None at the moment that I can see
...Many of whom would probably exercise their right to live/work in the UK if they had that option open to them! The OP is not alone...JAJ wrote:"Only" about 1 million Malaysians are BOCs, not the whole population.sakura wrote: If it were that easy to obtain BOC to remain in the UK, don't you think most Malaysian (and other) citizens would have done that by now?
IDI Nov/04 CH22 SECT2 – UNITED KINGDOM PASSPORTS
Granting discretionary leave
Discretionary leave for a period of 6 years (3 years followed by 3 years) may be granted to British Overseas citizens and other UKPHs only if one of the following factors are present:-
• There is clear evidence of compassionate circumstances. This should be
assessed according to the individual merits of the case but discretion would normally only be granted in wholly exceptional circumstances. Cases should not be agreed below Senior Caseworker level.
or
• There is clear evidence of the persons non-returnability. This should take the form of a letter from the appropriate authorities of the country of normal residence confirming the person's non-returnability, e.g. a refusal to issue a re-entry visa. The applicant should also be asked for a copy of his/her application to those authorities if available. Cases should not be agreed below Senior Caseworker level.
Subsequent grants, of exceptional leave, including the grant of ILR, may be approved at EO level if the circumstances remain the same. In all cases the onus is on the applicant to provide the necessary evidence. Prolonged enquiries are to be avoided. All relevant questions should be asked in a single letter of enquiry. Failure to reply to such a letter within 4 weeks should trigger the usual reminder followed by a refusal if there is still no reply after a further 28 days.
A person who refuses to apply for a re-entry visa to the country in which he is normally resident should not be given discretionary leave. The expectation must be that UKPHs will apply for the equivalent of returning resident or settlement visas and those who manage to obtain these should not be granted discretionary leave.
There will be cases where a visit visa is issued to enable a compassionate or other visit to take place. In these circumstances it would be wrong to withhold discretionary leave, providing they are able to produce evidence as set out above to satisfactorily demonstrate that they are not returnable to their country of origin for the purpose of settlement. This applies equally to first time applicants and those who have already had XLTR for a number of years, and have since been issued with a visit visa. Where a person has held XLTR for a number of years the evidence of the refused settlement visa should be recent. All cases where a visit visa has been issued should be referred to at least Senior Caseworker level.
ILR may be granted after 6 years have been spent in this category assuming the circumstances remain the same. The initial grant of discretionary leave should be for 3 years, followed by a further 3 years and, after 6 years, ILR.
Would Malaysia accept an application for renunciation without proof of another citizenship?penanglad wrote:Not that I'd recommend it, but the truly desperate BOC with no intention to travel could renounce their Malaysian citizenship. In those circumstances, the UK government would be unable to deport him as he had no right of abode in Malaysia. However, he would be unable to regularise his status, as the UK authorities would not grant exceptional leave to remain to someone who played the system so cynically.
Renunciation of Malaysian citizenship after 4 July 2002 would not create an entitlement to British citizenship under s4B of the Act.sakura wrote:Would Malaysia accept an application for renunciation without proof of another citizenship?
Would a country allow a citizen to become stateless?? I'd like to know, since BOC isn't citizenship?
A British Overseas Citizen is a national of the UK, so the person is not stateless and the question does not arise. The Lee Thean Hock decision, which treats BOC status as not amounting to citizenship of a country outside the Federation, seems to have been made in complete ignorance of UK nationality law.sakura wrote:Would Malaysia accept an application for renunciation without proof of another citizenship?penanglad wrote:Not that I'd recommend it, but the truly desperate BOC with no intention to travel could renounce their Malaysian citizenship. In those circumstances, the UK government would be unable to deport him as he had no right of abode in Malaysia. However, he would be unable to regularise his status, as the UK authorities would not grant exceptional leave to remain to someone who played the system so cynically.
Would a country allow a citizen to become stateless?? I'd like to know, since BOC isn't citizenship?
BOC is a form of British nationality but it is not a citizenship (by any reasonable definition of the term).penanglad wrote: A British Overseas Citizen is a national of the UK, so the person is not stateless and the question does not arise. The Lee Thean Hock decision, which treats BOC status as not amounting to citizenship of a country outside the Federation, seems to have been made in complete ignorance of UK nationality law.
The C in BOC gives it away somewhat, though I sympathise with your sentiments.JAJ wrote:BOC is a form of British nationality but it is not a citizenship (by any reasonable definition of the term).penanglad wrote: A British Overseas Citizen is a national of the UK, so the person is not stateless and the question does not arise. The Lee Thean Hock decision, which treats BOC status as not amounting to citizenship of a country outside the Federation, seems to have been made in complete ignorance of UK nationality law.
I think the reason for that is that prior to 1983, BOCs were Citizens of the UK & Colonies.penanglad wrote: BOC is a form of British nationality but it is not a citizenship (by any reasonable definition of the term) ...
The C in BOC gives it away somewhat, though I sympathise with your sentiments.
Thanks for the information.ribena wrote:Hi guys,
just remembered i got this email from BHC in msia on BOC query. just wanted to share and fyi for others.
Unquote:
I guess if that anyone applies this BOC passport, a trigger might be sent to NRD to renounce ur malaysian citizenship.