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British Overseas Citizens

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Raf
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British Overseas Citizens

Post by Raf » Mon Nov 20, 2006 11:26 pm

My mother-in-law and her three adult children recently received British Overseas Citizenship.

Could someone tell me what their rights are with regard to entry into the UK - they currently live in India.

Is it possible for them to enter the UK on a permanent basis?

JAJ
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Re: British Overseas Citizens

Post by JAJ » Tue Nov 21, 2006 1:25 am

Raf wrote:My mother-in-law and her three adult children recently received British Overseas Citizenship.
This does not "sound right". It is not generally possible (subject to some very limited exceptions) to acquire British Overseas citizenship other than automatically on 1 January 1983.

So more detail is needed. What exactly did they do to "receive" British Overseas citizenship? What are their connections to a former colony? And do they have Indian or any other non-British nationality?

Raf
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Post by Raf » Tue Nov 21, 2006 2:09 pm

Sorry - I don't think I expressed myself clearly.

They recently received British passports in which their nationality is stated as British Overseas Citizen. They had been British Nationals when they lived in Kenya and did not acquire Kenyan citizenship or Indian citizenship after Kenyan independence.

I think (i'm not too clear on the ins and outs of the case) that tecnically since they applied for the passport after 1983 they had already automatically become British Overseas Citizens.

So, does anyone know what their rights are for entry into the UK?

ppron747
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Post by ppron747 » Tue Nov 21, 2006 3:34 pm

Seems to me that they're very likely to be entitled to be registered as British citizens under section 4B of the British Nationality Act 1981 - details in Guide BOS, here, on the IND website.

This gives them unrestricted right to live in UK. If they remain simply BOCs, they can visit UK without a visa, but would not be able to settle in UK.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Raf
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Post by Raf » Tue Nov 21, 2006 6:58 pm

Thanks for the info ppron747, especially the link. I'll have a look into it.

When you say they can visit the UK without a visa, do you mean that they won't need to apply for or bring any extra documentation - i.e. arrive at the airport with just their passports and be let in?

ppron747
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Post by ppron747 » Tue Nov 21, 2006 9:32 pm

As BOCs they are "subject to immigration control" which means that they would still need to satisfy the Immigration Officer that they plan only to visit UK, and that they intend to leave the UK after their visit...

I'd imagine that, at a bare minimum this would involve return tickets, evidence that they can support themselves without working, and possibly that they have a job and a home to return to. But I have no practical experience of this, so I'll let others chime in....
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

JAJ
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Post by JAJ » Wed Nov 22, 2006 2:09 am

Raf wrote: They recently received British passports in which their nationality is stated as British Overseas Citizen. They had been British Nationals when they lived in Kenya and did not acquire Kenyan citizenship or Indian citizenship after Kenyan independence.

I think (i'm not too clear on the ins and outs of the case) that tecnically since they applied for the passport after 1983 they had already automatically become British Overseas Citizens.
When they applied for the passport doesn't make any difference.

British Overseas citizenship was generally acquired automatically on 1 January 1983.

Kenyan citizenship by birth after independence was only acquired if at least one parent was a Kenya citizen. In order to retain Kenyan citizenship after 23rd birthday, any other citizenship had to be renounced.

British citizenship is available to any BOC who does not have another nationality, and has not lost or renounced another nationality on or after 4 July 2002.

The bottom line in all of this is that a British Overseas citizen born or naturalised in Kenya is normally entitled to British citizenship under section 4B of the 1981 Act provided:

- the person was born before Kenya independence; or
- the person was born in Kenya after independence and neither parent is Kenyan; or
- where a person was born in Kenya (with a Kenyan parent) after independence but before 4 July 1979;

Those in this position with any other non-British nationality (eg US, Australian) are excluded.

The point about the 4 July 1979 cutoff for those with a Kenyan parent is that in order to be eligible for British citizenship under section 4B, it's necessary to have lost Kenyan citizenship before 4 July 2002. In other words, those aged under 23 on that date are not eligible because they had not yet lost Kenyan citizenship.
So, does anyone know what their rights are for entry into the UK?
As British Overseas citizens : basically, they can visit as tourists.

As British citizens : they can move to the UK to settle.

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