In need of advice

[nano404]

Hi, I'm here on behalf of a friend who's in need of some advice.

She is a British Overseas Territory Citizen, and has planned to go to university in the UK but doesn't have a British Passport or Certificate of Entitlement or any document to show for her British Citizenship.

She is a British Citizen via the British Overseas Territory Act 2002. Admittedly, I wish I knew about this earlier as I would have pressured her to get the passport. She said she was going to apply but mentioned something about it taking too long. (I think she was over-estimating the time it would take. Worst-case scenario it would have arrived a few short weeks before she's due to leave.)

So now the school is pressuring her for a visa. They are misunderstood, as she is a British Citizen and does not need a visa, but on the other hand, my friend doesn't have any documents that show her British Citizenship/Right of Abode.

I've briefly looked into her obtaining a Certificate of Entitlement but I doubt it would be here in time, as school starts sometime in September and she would be without a passport until it comes back. Also, a passport would be out of the picture since it would likely take too long.

I was thinking maybe she could try and convince immigration that she's a citizen due to the British Overseas Territories Act 2002 but I would imagine that's a bit risky.

Any suggestions?

Thanks in advance!

nano

[vinny]

Why is she eligible?

[nano404]

Why is she eligible?

She was born a BOTC.

"Any person who, immediately before the commencement of this section, is a British overseas territories citizen shall, on the commencement of this section, become a British citizen."

I've gotten my British Passport on the same grounds.

[vinny]

How long will it take to apply for a CoE or British passport?

[nano404]

How long will it take to apply for a CoE or British passport?

A passport would likely take more than a month from what I heard from other people, especially since it has to be sent to the Washington, D.C. office for processing. And that's if all goes well. Our (Father, Sister and myself) passports took about 3 months due to one of us missing a supporting document and having to resend our applications. Can't remember which document was missing.

I'm not sure about the CoE, but looking online all I can find is up to 6 months.

[vinny]

A CoE may be quicker if she supplies sufficient proof, with references to the appropriate sections of legislation, in considerable more detail than provided here.

[nano404]

A CoE may be quicker if she supplies sufficient proof, with references to the appropriate sections of legislation, in considerable more detail than provided here.

Thanks Vinny, I'll look into that.

[nano404]

I just found this:

http://www.ind.homeoffice.gov.uk/studyi ... students/#

Which states

"You can study in the UK without a student visa if:
you are a national of a country in the European Economic Area (EEA) or Switzerland;
you are a British overseas territories citizen, unless you are from one of the sovereign base areas in Cyprus;"

It's easy to prove that she is a BOTC. Does this mean that everything is fine and she should be clear to go provided she shows proof that she's going to be studying in the UK?

[vinny]

Apparently so!