jackylam517

Hi

I have recently received an email from the home office which states this: "BNOs can be registered as British citizens in certain circumstances: If a person lives in the UK for a period of five years, and meets the specified residence requirements, they can apply for registration under section 4(2) of the British Nationality Act 1981.

I'm wondering what's section 4(2) about? I have stayed in the UK for the last 5 years with Tier 4 Student Visa and reading from previous posts, I'm not sure if BNO requires Indefinite Leave to Remain? And how to obtain it?

Assuming I need to stay 10 years in the UK for long residence thing, I'm planing to take a gap year next year and probably master the year after, I'm wondering if I get a Tier 5 youth mobility scheme for next year would that count towards my 10 years residence in the UK?

Thanks

john5655

It's all explained here...

https://assets.publishing.service.go...ember_2015.pdf

please note that references to Nationality Checking Service are out of date

jackylam517

Alright so I would need to apply for Indefinite Leave to Remain first, but would I be eligible to apply for that if I'm under Tier 4 Student visa now?

john5655

I am not an expert OK? But my wife is BNO so I have some understanding.

I cannot see any need under this law for you to have ILR in order to qualify. Did you read the guidance notes?

jackylam517

I'm not sure but it says this in the guidance: "in the last 12 months of the 5 year period your stay in the United Kingdom was not subject to any time limit under the immigration laws". Not too sure what does it mean by not subject to any time limit under the immigration law, I'm assuming it refers to the ILR?

BritInParis

Yes, you would still need ILR or an equivalent. There’s no special advantage for BNO passport holders other than a slightly cheaper registration rather than naturalisation option.

jackylam517

Would 5 years of Tier 4 Student Visa allow me to get ILR?

BritInParis

No.

inggris

(1) Can a British national keep his/her BN(O) status after he/her gets registered as a British Citizen?

(2) If Question (1) is yes, is the BN(O) status remarked in his/her British Citizen passport?

BritInParis

From memory, no, your British Citizen status would supersede your BN(O).

john5655

Jacky, sorry I was wrong about that. I agree with britinparis.

john5655

In respect of Q1, it seems to me the answer is yes. I found this document which quotes the following:-
https://assets.publishing.service.go...ember_2015.pdf

If you are a British overseas territories citizen, British Overseas citizen, a British subject under section 31 of the British Nationality Act 1981 or a British National (Overseas), registration as a British citizen will not cause you to lose that status.

So, if you decide to decline applying for a British passport, I believe the other option is to have your HKSAR passport endorsed with your UK right of abode, allowing you to enter the UK freely.

See following extract from the AN Guide:

If you need to travel to and from the UK after being granted British citizenship you must apply for a British passport or a certificate of entitlement to the right of abode, to be placed in your foreign passport.

In my opinion, you will lose your BN(O) passport if you apply for a full British passport as the process is one of "changing British nationality status". I doubt the UK will allow you to have two British passports. My opinion only, nothing to back this up.

Of course, why anyone would want to do this is beyond me...

BritInParis

Thanks for that. My memory was hazy on the subject. It must be BPPs who lose. Based on the above the OP will be fine to hold a BN(O) and British Citizen passport concurrently.