Am I Eligible to apply for ILR with BOC Passport?

Hi,

I'm a Malaysian holding a BOC Passport. In addition, I have a valid work permit. I have been in the UK for 2.5 years.

Can anyone please advise me whether I'm eligible to apply for ILR immediately?

Many thanks

ekkm wrote:Hi,

I'm a Malaysian holding a BOC Passport. In addition, I have a valid work permit. I have been in the UK for 2.5 years.

Can anyone please advise me whether I'm eligible to apply for ILR immediately?

Many thanks

No, five years like anyone else.

ekkm wrote:Hi,

I'm a Malaysian holding a BOC Passport. In addition, I have a valid work permit. I have been in the UK for 2.5 years.

Can anyone please advise me whether I'm eligible to apply for ILR immediately?

Many thanks

Why would you be?

Wanderer wrote:

ekkm wrote:Hi,

I'm a Malaysian holding a BOC Passport. In addition, I have a valid work permit. I have been in the UK for 2.5 years.

Can anyone please advise me whether I'm eligible to apply for ILR immediately?

Many thanks

No, five years like anyone else.

Thanks for your info.

Wanderer and ElenaW, I wouldn't be so quick with your advice. On page 5 of this official UKBA link (section 10), it states very clearly that a BOC or BPP entering the UK with a work permit should be granted ILE at entry.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ekkm, is there any reason why this wasn't done?

Secondly, would any UKBA IO like to chime in as to whether or not this is still current policy?

newperson wrote:Wanderer and ElenaW, I wouldn't be so quick with your advice. On page 5 of this official UKBA link (section 10), it states very clearly that a BOC or BPP entering the UK with a work permit should be granted ILE at entry.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ekkm, is there any reason why this wasn't done?

Secondly, would any UKBA IO like to chime in as to whether or not this is still current policy?

Hi Newperson,

Great help!

I have just received my BOC passport today, therefore I'm not too sure whether I'm eligible for the ILR.

Moreover, the work permit which I possess is a dependent work permit where the main work permit holder is my husband. This dependent work permit allows me to work and live in the UK for 5 years.

So, do you think I'm eligible for the ILR?

ElenaW wrote:

ekkm wrote:Hi,

I'm a Malaysian holding a BOC Passport. In addition, I have a valid work permit. I have been in the UK for 2.5 years.

Can anyone please advise me whether I'm eligible to apply for ILR immediately?

Many thanks

Why would you be?

Hi ElenaW,

I would appreciate you not to leave such nasty comment if you are unable to advise.

Being a work permit holder is not the same as being the dependant of a work permit holder. But you should consult a solicitor about ILE at entry. My understanding is that as just a dependent, you would not benefit from that provision.

With respect, I don't think that you should have put that you are a work permit holder in your original post. That is confusing, as you're not. Your husband is.

Is your husband a BOC as well?

newperson wrote:Being a work permit holder is not the same as being the dependant of a work permit holder. But you should consult a solicitor about ILE at entry. My understanding is that as just a dependent, you would not benefit from that provision.

With respect, I don't think that you should have put that you are a work permit holder in your original post. That is confusing, as you're not. Your husband is.

Is your husband a BOC as well?

Sorry for the confusion because I thought I would have the same rights since I'm allowed to live and work in the UK for 5 years.

Unfortunately, my husband is not a BOC.

Therefore, what is your suggestion?

Thanks.

Another case of just waiting for the answer required...

BOC is only worth anything if u r otherwise stateless and u have not made urself stateless by renouncing other citizenships.

Are u a Malay Citizen or a BOC? U cannot be both.

Wanderer wrote:Another case of just waiting for the answer required...

BOC is only worth anything if u r otherwise stateless and u have not made urself stateless by renouncing other citizenships.

Are u a Malay Citizen or a BOC? U cannot be both.

Why not?

BOC is not a full British Citizen.

ekkm wrote:

Wanderer wrote:Another case of just waiting for the answer required...

BOC is only worth anything if u r otherwise stateless and u have not made urself stateless by renouncing other citizenships.

Are u a Malay Citizen or a BOC? U cannot be both.

Why not?

BOC is not a full British Citizen.

No. It isn't.

ekkm wrote:Unfortunately, my husband is not a BOC.

Therefore, what is your suggestion?

Thanks.

I really don't have one. You need to find out from an experienced solicitor if the provision of automatic ILE for BOCs on THEIR OWN work visas still exists. If it does, I personally would go back home to Malaysia and apply for Tier 1/2 in my own right, and then re-enter the UK on that basis. Otherwise just wait an additional 2.5 years and apply for probational citizenship together with your husband in summer 2012. It's really up to you.

Conflicting news I'm afraid:

From:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

The concession which allowed a British Overseas citizen, British protected
person or British subject who arrived with a work permit to be given indefinite leave
to enter has been abolished with effect from 5 March 2002.

You need to learn from a professional or the Home Office directly, for instance through your MP, what the situation currently is.

If that document is correct, then unfortunately yes, your BOC status is rather useless. You'll just have to wait to apply for probationary citizenship with your husband in 2.5 years.

ekkm wrote:
Hi ElenaW,

I would appreciate you not to leave such nasty comment if you are unable to advise.

My apologies. However, none of us are advisors legally (as far as I know) so nobody can advise unless they make it clear that they're oisc registered.

I actually made some inquires about this a few months back. At least 3 different people (all immigration professionals - although I know that they are sometimes wrong) told me that this has been discontinued in 2002, despite the conflicting information on UKBA's website (apparently someone forgot to delete the old rule in one of the IDI's).

I did not ask UKBA directly though, although a lawyer who was said that he was involved in the Malaysian BOC AIT case told me that there were Malaysian BOCs with work permits as part of the appeal and they were apparently advised to follow the same procedures as non-BOCs.

I was also told (again by immigration professionals but not directly by UKBA) that even before 2002, you needed to have entered the UK on the BOC passport to take advantage of this provision.

Your BOC status is not completely useless, however. Based on current rules, once you have ILR, you have it for life, even if you spend more than 2 years outside the UK. Also, when you qualify for British Citizenship, you can obtain it by registration instead of by naturalization. (Registration is a little simpler and cheaper.)

Thanks to everyone for the helpful info.

If there is any updates, please let me know.

Cheers!

ekkm wrote:Thanks to everyone for the helpful info.

If there is any updates, please let me know.

Cheers!

There is a thread on the supporter's forum on ukresident.com (I think you may have to pay £5 to join) that is the most likely place to get updates on the Malaysian BOC issue.

Correct me if I'm wrong. Wouldn't it be better to stick to being the dependant of your hubby's working permit rather than BOC? The reason I say this is because BOC issue has been on going for years now. If you look up the info on BOC at M'sia staronline, you will see that a lot of people are stuck here and can't move on. There's even youtube - stranger in the city showing people crying because of their situation.

In my opinion, the working permit route is probably faster and furthermore, can maintain the M'sia status.

CatCityGal wrote:Correct me if I'm wrong. Wouldn't it be better to stick to being the dependant of your hubby's working permit rather than BOC? The reason I say this is because BOC issue has been on going for years now. If you look up the info on BOC at M'sia staronline, you will see that a lot of people are stuck here and can't move on. There's even youtube - stranger in the city showing people crying because of their situation.

In my opinion, the working permit route is probably faster and furthermore, can maintain the M'sia status.

I think the OP has already acquired a BOC passport, which means her Malaysian nationality may be considered by Malaysia to be invalid. She is better off than other Malaysian BOCs in the UK since she is actually legal and can use the regular 5-year work-permit-to-ILR path. Still, I would advise her to keep abreast of the general Malaysian BOC issue since it might affect her.

c1mth0g wrote: I think the OP has already acquired a BOC passport, which means her Malaysian nationality may be considered by Malaysia to be invalid.

That is not the view of the Home Office.

JAJ wrote:

c1mth0g wrote: I think the OP has already acquired a BOC passport, which means her Malaysian nationality may be considered by Malaysia to be invalid.

That is not the view of the Home Office.

Unfortunately the Home Office and the Malaysian government disagree on this point. And ultimately I think Malaysia's view of whether the OP is still a Malaysian citizen trumps the HO's view:

I know the Home Office has this argument about how their reading of Malaysian law and the constitution of Malaysia indicates that someone in the OP's situation should still be Malaysian. But in the end, the facts on the ground matter more, and it appears that Malaysia considers that anyone who has acquired any foreign passport (including a BOC passport) is no longer a citizen.