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How to apply for BC for a BNO holder who lived in the UK for 5 years?

How to apply for BC for a BNO holder who lived in the UK for 5 years?

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Old Feb 26th 2017, 12:59 pm
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Default How to apply for BC for a BNO holder who lived in the UK for 5 years?

According to the British Nationality Act 1981 "British Nationals (Overseas) with other citizenship or nationalities can be registered (instead of be naturalized) as British citizens under section 4 of the British Nationality Act 1981. They need to have either lived in the UK for at least 5 years and spent no more than 450 days abroad during that time, as well as no more than 90 days abroad in the last 12 months before the application (the last 12 months should also be free from any immigration restrictions, such as holding Indefinite Leave to Remain); or worked in Crown Service at any time. They get citizenship "otherwise than by descent", and their children under 18 or future children born outside UK can also be British citizens."

I would like to ask that is it possible to a BNO holder who lived in the UK for at least 5 years (no work, no study but just live in the UK legally) and then apply for a full British citizen passport? The holder without any visa or permit during his/her stay in the UK. He/she just live in the UK, leave and return the UK for every 6 months whenever the short stay criteria expired in every 180 days.

- Can he/she register (instead of be naturalized) as British citizen under Section 4 of the British Nationality Act 1981 mentioned above?
- What kind of documents the candidate has to submit as evidence for living for 5 years in the UK? There is no stamp on the his/her BNO passport when enter the UK.
- Is there any law state that the BNO holders cannot enter the UK again immediately or a few days later after the 6 months rule expired? In other words, how long can he/she re-enter the UK for every 6 months?
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Old Feb 26th 2017, 1:54 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by mrnobody
According to the British Nationality Act 1981 "British Nationals (Overseas) with other citizenship or nationalities can be registered (instead of be naturalized) as British citizens under section 4 of the British Nationality Act 1981. They need to have either lived in the UK for at least 5 years and spent no more than 450 days abroad during that time, as well as no more than 90 days abroad in the last 12 months before the application (the last 12 months should also be free from any immigration restrictions, such as holding Indefinite Leave to Remain); or worked in Crown Service at any time. They get citizenship "otherwise than by descent", and their children under 18 or future children born outside UK can also be British citizens."

I would like to ask that is it possible to a BNO holder who lived in the UK for at least 5 years (no work, no study but just live in the UK legally) and then apply for a full British citizen passport? The holder without any visa or permit during his/her stay in the UK. He/she just live in the UK, leave and return the UK for every 6 months whenever the short stay criteria expired in every 180 days.

- Can he/she register (instead of be naturalized) as British citizen under Section 4 of the British Nationality Act 1981 mentioned above?
- What kind of documents the candidate has to submit as evidence for living for 5 years in the UK? There is no stamp on the his/her BNO passport when enter the UK.
- Is there any law state that the BNO holders cannot enter the UK again immediately or a few days later after the 6 months rule expired? In other words, how long can he/she re-enter the UK for every 6 months?
You can't live in the UK legally with a BN(O) passport without a visa. If you tried to visit for six months every twelve months you'll soon be refused entry at immigration as a non-genuine visitor. Even if it were possible to do for this for five years undetected the person concerned would still only be a visitor and therefore not free from immigration control. A BN(O) passport holder who wishes to become a British citizen through residence would need to undergo the same immigration process as anyone else. The only advantage is the option to register rather naturalise (thus saving a £100 or so) and being treated as a Commonwealth citizen for voting and employment purposes.
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Old Feb 26th 2017, 5:09 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by mrnobody
According to the British Nationality Act 1981 "British Nationals (Overseas) with other citizenship or nationalities can be registered (instead of be naturalized) as British citizens under section 4 of the British Nationality Act 1981. They need to have either lived in the UK for at least 5 years and spent no more than 450 days abroad during that time, as well as no more than 90 days abroad in the last 12 months before the application (the last 12 months should also be free from any immigration restrictions, such as holding Indefinite Leave to Remain); or worked in Crown Service at any time. They get citizenship "otherwise than by descent", and their children under 18 or future children born outside UK can also be British citizens."

I would like to ask that is it possible to a BNO holder who lived in the UK for at least 5 years (no work, no study but just live in the UK legally) and then apply for a full British citizen passport? The holder without any visa or permit during his/her stay in the UK. He/she just live in the UK, leave and return the UK for every 6 months whenever the short stay criteria expired in every 180 days.

- Can he/she register (instead of be naturalized) as British citizen under Section 4 of the British Nationality Act 1981 mentioned above?
- What kind of documents the candidate has to submit as evidence for living for 5 years in the UK? There is no stamp on the his/her BNO passport when enter the UK.
- Is there any law state that the BNO holders cannot enter the UK again immediately or a few days later after the 6 months rule expired? In other words, how long can he/she re-enter the UK for every 6 months?
The only way I can see a British National (Overseas) passport holder without any connections to the UK can get British Citizenship is by joining the British Armed Forces (The Royal Navy, the Army or the Royal Air Force).

After at lease four years of service in the British Armed Forces and within two years of being discharge from the Armed Forces, a British National (Overseas) passport holder can apply for Indefinite Leave to Enter (ILE) the UK. See immigration rule 276L in the link below -

https://www.gov.uk/guidance/immigrat...es#pt7hmforces

After getting ILE, the BN(O) passport holder can live and work in the UK. Once the conditions for registration as a British Citizen has been fulfilled, the BN(O) passport holder can apply for British Citizenship.
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Old Feb 26th 2017, 6:22 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Thanks for advice. It sounds getting a student visa is more easy.



Originally Posted by HKG3
The only way I can see a British National (Overseas) passport holder without any connections to the UK can get British Citizenship is by joining the British Armed Forces (The Royal Navy, the Army or the Royal Air Force).

After at lease four years of service in the British Armed Forces and within two years of being discharge from the Armed Forces, a British National (Overseas) passport holder can apply for Indefinite Leave to Enter (ILE) the UK. See immigration rule 276L in the link below -

https://www.gov.uk/guidance/immigrat...es#pt7hmforces

After getting ILE, the BN(O) passport holder can live and work in the UK. Once the conditions for registration as a British Citizen has been fulfilled, the BN(O) passport holder can apply for British Citizenship.
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Old Feb 26th 2017, 7:12 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by mrnobody
Thanks for advice. It sounds getting a student visa is more easy.
I think using student visa will not work in your case.

This is because you will not get Indefinite Leave to Remain in the UK after living in the UK for five years on a student visa. This means that you will not meet the requirements set out in section 4 of the 1981 British Nationality Act.

There are other visa routes in which you may wish consider -

1) Investment (invest your money in the UK in exchange of a visa)
2) Work permit (getting a job in the UK and sponsor by the UK employer)
3) Spouse visa (marry a British Citizen and he/she will sponsor you)
4) Ancestry visa (a grandparent born in the UK)

As I said in my earlier post, serving in the British Armed Forces for four years or more is the easiest way to get Indefinite Leave to Enter.
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Old Feb 26th 2017, 7:28 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

There is no mention about the BNO holders must to obtain an Indefinite Leave to Remain in the UK after living in the UK for five years in order to register as a British Citizen. The law just stated how many days must to stay in the UK. That's why I doubt that what kind of documents that the officer would ask for as a proof of stay. As I know, the BNO holders as a student are very easy to apply for a British citizenship because they have a strong proof of stay for at least five years in the UK.



Originally Posted by HKG3
I think using student visa will not work in your case.

This is because you will not get Indefinite Leave to Remain in the UK after living in the UK for five years on a student visa. This means that you will not meet the requirements set out in section 4 of the 1981 British Nationality Act.

There are other visa routes in which you may wish consider -

1) Investment (invest your money in the UK in exchange of a visa)
2) Work permit (getting a job in the UK and sponsor by the UK employer)
3) Spouse visa (marry a British Citizen and he/she will sponsor you)
4) Ancestry visa (a grandparent born in the UK)

As I said in my earlier post, serving in the British Armed Forces for four years or more is the easiest way to get Indefinite Leave to Enter.

Last edited by mrnobody; Feb 26th 2017 at 7:37 pm.
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Old Feb 26th 2017, 7:35 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

The immigration officer may reject the BNO holder enter the UK by vary reasons but I doubt that can they use "a non-genuine visitor" as a reason? If BNO is a kind of British National citizens, can the officer reject a lawful British nation enter to their country?

Originally Posted by BritInParis
You can't live in the UK legally with a BN(O) passport without a visa. If you tried to visit for six months every twelve months you'll soon be refused entry at immigration as a non-genuine visitor. Even if it were possible to do for this for five years undetected the person concerned would still only be a visitor and therefore not free from immigration control. A BN(O) passport holder who wishes to become a British citizen through residence would need to undergo the same immigration process as anyone else. The only advantage is the option to register rather naturalise (thus saving a £100 or so) and being treated as a Commonwealth citizen for voting and employment purposes.

Last edited by mrnobody; Feb 26th 2017 at 7:47 pm.
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Old Feb 26th 2017, 8:05 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by mrnobody
There is no mention about the BNO holders must to obtain an Indefinite Leave to Remain in the UK after living in the UK for five years in order to register as a British Citizen. The law just stated how many days must to stay in the UK. That's why I doubt that what kind of documents that the officer would ask for as a proof of stay. As I know, the BNO holders as a student are very easy to apply for a British citizenship because they have a strong proof of stay for at least five years in the UK.
Section 4(2)c of the 1981 British Nationality Act stated -

'that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom.'

In order to meet section 4(2)c, you will need to have Indefinite Leave to Remain for at lease a year before applying to register as a British Citizen.
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Old Feb 26th 2017, 10:09 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by mrnobody
There is no mention about the BNO holders must to obtain an Indefinite Leave to Remain in the UK after living in the UK for five years in order to register as a British Citizen. The law just stated how many days must to stay in the UK. That's why I doubt that what kind of documents that the officer would ask for as a proof of stay. As I know, the BNO holders as a student are very easy to apply for a British citizenship because they have a strong proof of stay for at least five years in the UK.
Read your own first post again. You need to be free from immigration restrictions in order to be eligible to naturalise or register as a British citizen. And no, you can't apply for ILR as a student after five years.

Originally Posted by mrnobody
The immigration officer may reject the BNO holder enter the UK by vary reasons but I doubt that can they use "a non-genuine visitor" as a reason? If BNO is a kind of British National citizens, can the officer reject a lawful British nation enter to their country?
That would be their primary reason. They can reject anyone who doesn't have Right of Abode in the UK. BN(O)s don't have this. If they did they wouldn't need a visa to stay.
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Old Feb 26th 2017, 11:38 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

O c'on .... status of BNO has been well documented/known.
"Right of Abode" is the key that is missing from BNO passport's eligibility.
i doubt there is much room for arguing.
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Old Feb 27th 2017, 1:28 am
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

BIP is the expert in here.
Please try to read & understand the content, don't just copy & paste.
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Old Jul 19th 2017, 12:37 am
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Hi everyone

Sorry to hijack this thread, but I m desperately need help

I hold a BNO passport and Hong Kong passport

I live in uk for 6.5 year under tier 2 ict ( intra company transfer) and I didn't travel at all for last few year.

Will I be qualified for British citizenship or ILR? Thanks
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Old Jul 19th 2017, 8:38 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by Suede212
Hi everyone

Sorry to hijack this thread, but I m desperately need help

I hold a BNO passport and Hong Kong passport

I live in uk for 6.5 year under tier 2 ict ( intra company transfer) and I didn't travel at all for last few year.

Will I be qualified for British citizenship or ILR? Thanks
Please see link below -

https://www.gov.uk/settle-in-the-uk/...-transfer-visa

You should be able to apply for Indefinite Leave to Remain (ILR). I would suggest you to get ILR using your BN(O) passport.

As a BN(O) passport holder with ILR, you can register to become a British Citizen a year after having ILR using form B(OTA). Registration is a cheaper method than naturalisation using form AN (£1163 for B(OTA) form registration vs £1282 for AN form naturalisation - both 2017 prices).

https://www.gov.uk/government/public...izen-form-bota

https://www.gov.uk/government/upload...aflet_2017.pdf
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Old Jul 19th 2017, 10:38 pm
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Originally Posted by Suede212
Hi everyone

Sorry to hijack this thread, but I m desperately need help

I hold a BNO passport and Hong Kong passport

I live in uk for 6.5 year under tier 2 ict ( intra company transfer) and I didn't travel at all for last few year.

Will I be qualified for British citizenship or ILR? Thanks
Originally Posted by HKG3
Please see link below -

https://www.gov.uk/settle-in-the-uk/...-transfer-visa

You should be able to apply for Indefinite Leave to Remain (ILR). I would suggest you to get ILR using your BN(O) passport.

As a BN(O) passport holder with ILR, you can register to become a British Citizen a year after having ILR using form B(OTA). Registration is a cheaper method than naturalisation using form AN (£1163 for B(OTA) form registration vs £1282 for AN form naturalisation - both 2017 prices).

https://www.gov.uk/government/public...izen-form-bota

https://www.gov.uk/government/upload...aflet_2017.pdf
I'm afraid that's unlikely to be the case. If Suede212 has been in the UK for the last six and a half years then he or she is unlikely to have held a Tier 2 ICT visa before 6 April 2010 which is a requirement to apply for ILR.
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Old Jul 20th 2017, 12:42 am
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Default Re: How to apply for BC for a BNO holder who lived in the UK for 5 years?

Hi

Britinparis, u r right. I got my tier 2 ict on Feb 2011, which mean I can't get ilr after 5 yr, but I m allow to transfer to tier 2 through getting a job from another company, and I need to do 10 years to get ilr.

So having a BNO doesn't give me any advantage then

Reason I m desperate is I am really quite keen to change scene, either Job or go back to school. But would like to gather all info before I jump the ship. Out of all option if there is a miracle way to shorten my 3.5 yr wait + 1 yr after my ilr got approved, that would be awesome

Thanks everyone.
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