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British National Overseas Citizen

General UK immigration & work permits; don't post job search or family related topics!

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Deven
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British National Overseas Citizen

Post by Deven » Wed Jan 30, 2008 3:55 pm

Hi,

I'm British National Overseas Passport holder born in HK. I have been in uk from 5 years in student visa with my wife and six months son. My son is born in UK. My wife dont have BNO passport. Does any one know am i eligible for British Citizen? According to Home Office website i can apply for BC if i stay in UK for 5 yrs but in last 12 months of 5 yrs time i have to have Indifinate Leave to Remain. I cant apply ILR from my student visa status. So, i can't apply for BC according to this.

I asked many lawyers but only two lawyer suggest me that i can apply for ILR, but not BC, according to 5 yrs resident in UK thats means "long residence". But im in student visa how can i apply for Long Residence application type? Very confusing. They suggest me to apply ILR according to my 5 yrs resident in UK as a student. Does any one knows about it and how can i apply for BC or ILR?

And I heard that son of BNO can get BOC. So, i applied British Passport for my son but refused. I think first i have to register him as BOC in Home Office then i can apply for British Passport isn't?
Does my son eligible for BOC ?
Does my son still eligible for BOC if he is holder of other country passport? Because to apply for BOC in Home Office takes long time and after have to apply for Passport which takes long time in the same time i have to apply for visa extenstion so,....Can i apply BOC for him after my visa extenstion with his another country passport. Will home office accept application of BOC for my son?

Post is little bit long sorry about that, can any one plz suggest me.
I'll be very appriciate. Thnx

Dev

sakura
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Location: UK

Post by sakura » Wed Jan 30, 2008 7:21 pm

Your type of question has been asked before.

Your BNO status does not accord you any right to British citizenship. You need to qualify on your own merits. Your 5 years as a student only counts towards the long residency category for ILR. So, at the moment, you don't qualify for ILR.

The five years you mention is if you were on a work permit or HSMP visa, not a student visa. You need to wait another 5 years until you are eligible for ILR. After 12 months of ILR you are eligible for naturalisation as a British citizen.

Check these links for more on BNOs

http://www.immigrationboards.com/viewto ... hlight=bno

http://www.immigrationboards.com/viewto ... hlight=bno

http://www.immigrationboards.com/viewto ... hlight=bno

As regards your son...he also is not eligible for British citizenship even if he obtains BOC status, from what I've read. He is already a HKSAR citizen:

http://www.immigrationboards.com/viewto ... hlight=bno

JAJ
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Australia

Post by JAJ » Thu Jan 31, 2008 5:51 am

sakura wrote:Your type of question has been asked before.
Specific case already under discussion on another forum.

As regards your son...he also is not eligible for British citizenship even if he obtains BOC status, from what I've read. He is already a HKSAR citizen:

http://www.immigrationboards.com/viewto ... hlight=bno

Not every BNO is also a HKSAR citizen.

sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Thu Jan 31, 2008 10:43 am

JAJ wrote:
sakura wrote:Your type of question has been asked before.
Specific case already under discussion on another forum.

As regards your son...he also is not eligible for British citizenship even if he obtains BOC status, from what I've read. He is already a HKSAR citizen:

http://www.immigrationboards.com/viewto ... hlight=bno

Not every BNO is also a HKSAR citizen.
Yes, but the OP is from HK so I assumed he is a HKSAR citizen. He might not be, maybe Dev should clarify...

Deven
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Joined: Wed Jan 30, 2008 3:29 pm

Post by Deven » Tue Feb 05, 2008 12:06 am

Does my son eligible for BOC ?
Does my son still eligible for BOC if he is holder of other country passport?

paulp
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Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Feb 05, 2008 12:17 am

Deven wrote:Does my son eligible for BOC ?
Does my son still eligible for BOC if he is holder of other country passport?
Hi Deven, the BOC is of little use to obtain ILR or BC here in the UK. Once your son has been 7 years in the UK, have a look at the 7 year child concession.

Your son can become a British Citizen (by registration?) once you get ILR.

JAJ
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Australia

Post by JAJ » Tue Feb 05, 2008 1:58 am

paulp wrote: Hi Deven, the BOC is of little use to obtain ILR or BC here in the UK.
Except that a BOC with no other nationality may in certain circumstances be entitled to registration as a British citizen.

Deven
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Joined: Wed Jan 30, 2008 3:29 pm

Post by Deven » Fri Feb 08, 2008 12:02 am

Hi,
He can't apply for Nepali Passport because Nepali law didn't allow him to transfer his mother citizen to him. And he also didn't get UK passport. so, according to this can i apply him for BOC as stateless? Then apply for British Passport.

Dev

sakura
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Location: UK

Post by sakura » Fri Feb 08, 2008 12:20 am

Deven wrote:Hi,
He can't apply for Nepali Passport because Nepali law didn't allow him to transfer his mother citizen to him. And he also didn't get UK passport. so, according to this can i apply him for BOC as stateless? Then apply for British Passport.

Dev
What nationality are you? Can he not obtain your own nationality?

Deven
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Joined: Wed Jan 30, 2008 3:29 pm

Post by Deven » Fri Feb 08, 2008 12:26 am

I'm British National Overseas passport holder. I've been here in UK from five yrs in Student visa.

sakura
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Location: UK

Post by sakura » Fri Feb 08, 2008 12:27 am

Deven wrote:I'm British National Overseas passport holder. I've been here in UK from five yrs in Student visa.
Yes but what is your nationality?

Wanderer
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Ireland

Post by Wanderer » Fri Feb 08, 2008 12:44 am

sakura wrote:
Deven wrote:I'm British National Overseas passport holder. I've been here in UK from five yrs in Student visa.
Yes but what is your nationality?
It's like pulling teeth, eh, mate!
An chéad stad eile Stáisiún Uí Chonghaile....

Deven
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Post by Deven » Mon Feb 11, 2008 12:04 am

My origin is Nepali. but now my Nationality is BNO.

sakura
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Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon Feb 11, 2008 8:55 am

Deven wrote:My origin is Nepali. but now my Nationality is BNO.
Did you lose your Nepali nationality? If so, how?

Deven
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Post by Deven » Mon Feb 11, 2008 10:51 am


JAJ
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Australia

Post by JAJ » Mon Feb 11, 2008 11:31 am

Already discussed extensively on another forum:
http://www.ukresident.com/forums/index. ... opic=62099

sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon Feb 11, 2008 12:31 pm

JAJ wrote:Already discussed extensively on another forum:
http://www.ukresident.com/forums/index. ... opic=62099
So why does he keep asking on this board! I'm not even a member of that board so I didn't realise he already has the answers...

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Feb 11, 2008 1:04 pm

sakura wrote:
JAJ wrote:Already discussed extensively on another forum:
http://www.ukresident.com/forums/index. ... opic=62099
So why does he keep asking on this board! I'm not even a member of that board so I didn't realise he already has the answers...
Maybe he hasn't had the answer he wants yet!
An chéad stad eile Stáisiún Uí Chonghaile....

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