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by ben_scaro
Tue Nov 26, 2013 12:32 pm
Forum: British Citizenship
Topic: B.O.C. baby ?
Replies: 0
Views: 222

B.O.C. baby ?

hello long time between visits and i am a bit out of touch with the citizenship area generally. a situation has arisen recently and i would appreciate comments. two ex-malaysian BOCs have a baby born in the UK after they both handed back malaysian nationality under advice from their solicitor. what ...
by ben_scaro
Tue Mar 05, 2013 1:03 pm
Forum: British Citizenship
Topic: lost and confused - BOC Passport
Replies: 9
Views: 2367

it may not be hard to ascertain whether she is still a malaysian citizen. if she received a borang-K document , that is 'form-K' sent to her after applying for renunciation, then there is no question - she is no longer a malaysian. if she applied to renounce and has not received a borang-K, at this ...
by ben_scaro
Tue Dec 14, 2010 6:42 pm
Forum: British Citizenship
Topic: BOC to full British
Replies: 1
Views: 1165

read roughly the same argument either here or in another forum, and i think the answer then was 'no' too.

ben
by ben_scaro
Sat Jul 24, 2010 9:10 am
Forum: Immigration for family members
Topic: ancestry dependant visa
Replies: 0
Views: 619

ancestry dependant visa

hi once both partners have applied for certificates of approval and gotten their civil partnership, what test would apply to a civil partner in applying for an ancestry dependant visa? does the civil partnership have to have subsisted for any particular period of time? the dependant is on a student ...
by ben_scaro
Mon Oct 26, 2009 1:48 pm
Forum: Immigration for family members
Topic: BRITISH OVERSEAS CITIZEN
Replies: 2
Views: 953

I'm not absolutely clear but I don't think even where the status is passed on, that it goes any more than one generation. BOC to BC is really only open to those who have no other nationality and have not lost or renounced another nationality after 4 July 2002. I'm assuming given it was your grandpa ...
by ben_scaro
Thu Oct 08, 2009 3:05 pm
Forum: General UK Immigration forum
Topic: Latest BOC news anyone?
Replies: 4
Views: 1398

A letter was sent to Woolas and the letter back from UKBA wasn't encouraging. I do not think Woolas wants a meeting. The letter reiterated the AIT decision, which is now the law. Other letters from the UKBA, sent to MPs representing their BOC constitutents have reiterated this too. They are usually ...
by ben_scaro
Mon Oct 05, 2009 10:28 am
Forum: General UK Immigration forum
Topic: Latest BOC news anyone?
Replies: 4
Views: 1398

Nope. Nothing going on that I'm aware of outside advice to individuals about their cases. But nothing more generally applicable.

Ben
by ben_scaro
Tue Aug 04, 2009 1:54 pm
Forum: UK Tier 1 (Post-Study Work) visas
Topic: Right of Abode
Replies: 1
Views: 855

You have no right of abode or to live and work in the UK based on BOC status alone. A BOC is subject to immigration control, just like a Malaysian, so it gives no advantage, and activating the status by getting the BOC passport may endanger your Malaysian nationality. The Tribunal has recently rejec...
by ben_scaro
Tue Aug 04, 2009 9:35 am
Forum: British Citizenship
Topic: Consultation on earned citizenship etc (ends on 26 Oct 2009)
Replies: 8
Views: 6459

I cannot see any mention of ancestry visa in the documents (but maybe I've missed it).

Is it generally considered part of the work/economic stream or the family one?

Just wondering if they anticipate applying these rules to the ancestry visa?

Ben
by ben_scaro
Tue Jul 14, 2009 11:01 am
Forum: Ireland
Topic: Tighter visa rules may be imposed on 11 countries
Replies: 7
Views: 2898

This is interesting . . . is there any tangible evidence for the assertion that Britain considered implementing visas for Malaysians on account of the BOC / renunciation issue? The numbers are so small- c.500 or so? I am generally aware that Malaysia narrowly escaped being included on the list of vi...
by ben_scaro
Sun Jun 21, 2009 11:38 pm
Forum: General UK Immigration forum
Topic: BOCs in Limbo - AIT decision
Replies: 4
Views: 2942

This is my summary of the BOC decision in the AIT. I have dealt with the case by listing the findings of the Deputy President in relation to the main arguments made by the appellants (the BOCs). There were ten main arguments made by Manjit Gill QC. Every argument is rejected. We do occasionally get ...
by ben_scaro
Fri May 29, 2009 1:44 pm
Forum: General UK Immigration forum
Topic: The end of the 10/14 year settlement paths?
Replies: 21
Views: 9224

14 year rule

I do not want to revive an old topic unnecessarily, but has there been any word from the debate on the Immigration and Citizenship Bill about the fate of the 10 year and 14 year rule? I'm concerned that for certain classes of applicant (stateless BOCs for example) that this is probably their only op...
by ben_scaro
Fri May 22, 2009 3:32 pm
Forum: General UK Immigration forum
Topic: BOCs in Limbo - AIT decision
Replies: 4
Views: 2942

BOCs in Limbo - AIT decision

Just to note. Last night we had word that there has finally been a decision in the three BOC test cases before Deputy President Ockleton of the Asylum and Immigration Tribunal. The decision has been sent for promulgation and appellants will have the result within the next few days. No word yet on wh...
by ben_scaro
Thu Apr 16, 2009 4:53 pm
Forum: General UK Immigration forum
Topic: BOCs in limbo -Strangers Into Citizens
Replies: 0
Views: 603

BOCs in limbo -Strangers Into Citizens

Hi The 'Strangers into Citizens' campaign is seeking to help and to involve British Overseas Citizens who have been in limbo in the United Kingdom for a number of years. From their website, Strangers into Citizens states that it is: . . . a national campaign calling for a one-off regularisation of l...
by ben_scaro
Thu Apr 02, 2009 9:00 am
Forum: General UK Immigration forum
Topic: Notice of Decision -Refusal to Grant Leave - not signed?
Replies: 0
Views: 654

Notice of Decision -Refusal to Grant Leave - not signed?

What is the legal effect of a Notice of Decision -Refusal to Grant Leave to Remain under paragraph 322(1) of HC395 if it is sent, but not signed?

Ben
by ben_scaro
Wed Mar 25, 2009 11:37 pm
Forum: General UK Immigration forum
Topic: "Retroactive" ILR
Replies: 10
Views: 3432

Odd. Unless they withdrew a concession that was for BPPs, BOCs and British subjects in March 2002 and then put in place one that covered BPPs and BOCs only ?

As the 2006 one has the reference to 'British subjects' removed.

But that's a guess. I don't know.

Ben
by ben_scaro
Wed Mar 25, 2009 5:36 pm
Forum: General UK Immigration forum
Topic: "Retroactive" ILR
Replies: 10
Views: 3432

What UKBA documents are you referring to?

Ben
by ben_scaro
Tue Mar 24, 2009 12:58 pm
Forum: General UK Immigration forum
Topic: "Retroactive" ILR
Replies: 10
Views: 3432

If it was a concession outside the rules, it seems to have been a widely used one. I am aware of numerous people who went this route.

Ben
by ben_scaro
Mon Mar 09, 2009 5:33 pm
Forum: General UK Immigration forum
Topic: Dual nationality question
Replies: 18
Views: 25028

To the extent that this matter - ie how Malaysia treats citizens who hold other passports- is not particularly clear, then I guess the topic might be active.

What do you wish to contribute?

Ben
by ben_scaro
Wed Feb 25, 2009 10:58 pm
Forum: General UK Immigration forum
Topic: Avoid UK, Its becoming useless to come to UK
Replies: 66
Views: 15680

I'm an Australian who's made his home in the UK and I do feel duty bound to point out that Australia was the country that implemented 'the Pacific Solution' in relation to at least a certain class of migrants . . . and a number of other rather nasty policies which are not so well known, including ma...
by ben_scaro
Mon Feb 16, 2009 2:04 pm
Forum: General UK Immigration forum
Topic: ILR-what fee are IND entitled to charge for a variation?
Replies: 0
Views: 891

ILR-what fee are IND entitled to charge for a variation?

If we are varying an ILR application to include an additional ground, in this case an undecided discretionary ILR claim to include the additional ground of ten years lawful residence, what fee can IND charge, and what is the legislative basis for it, ie, in the substantive Acts, Immigration Rules or...
by ben_scaro
Wed Feb 04, 2009 11:01 pm
Forum: General UK Immigration forum
Topic: Variation of Leave
Replies: 7
Views: 4304

It's quite complex. Yes, you need to make a variation. HO instructions state that a variation may in fact look exactly like a new application. You can imagine this for example where someone is waiting for the HO's wheels to turn and they become eligible due to long residence, for example. They have ...
by ben_scaro
Tue Jan 27, 2009 1:16 am
Forum: General UK Immigration forum
Topic: British citizenship based on mother's passport
Replies: 4
Views: 1359

I do not think India permits dual nationality, but in any event, did your father have an Indian passport ?

Ben
by ben_scaro
Tue Dec 02, 2008 11:38 am
Forum: General UK Immigration forum
Topic: Confused re. section 3c,3d of Immigration Act.Please advice
Replies: 35
Views: 23015

IDI Feb/08 CH1A SECT 1 – SPECIFIED APPLICATION FORMS AND PROCEDURES 27/02/2008 Feb/08 IMMIGRATION DIRECTORATES' INSTRUCTIONS 5. VARYING AN APPLICATION FOR LEAVE TO REMAIN 5.1 An applicant may vary an application at any time before it is decided. If it is varied to a purpose for which a different a...
by ben_scaro
Mon Dec 01, 2008 8:39 pm
Forum: General UK Immigration forum
Topic: BOC - online results?
Replies: 14
Views: 3365

Still a little vague about the status for B coz his brother A got the British Citizen within a few months after he got his BOC. If BOC doesn't mean that a person can stay in the UK, does that mean it's illegal to be here at all. According to the solicitor, B can still stay here as that is his birth...
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