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ILR with BNO & HK Passport - which form to use for citizenship application

Posted: Wed Aug 28, 2019 12:14 am
by tadaa
Hello,

I am due to apply for the British citizenship but unsure which form & application method I should use.

I am...
- living in the UK
- holder of the British National Overseas (BNO) passport
- holder of the Hong Kong passport
- ILR granted since June 2018
- absence from the UK over the past 5 years (since Aug 2014): 220 days
- absence from the UK over the past 12 months (since Aug 2018): 60 days

Should I use "Register as a British citizen (form B(OTA))" as I have a BNO passport, or "Become a British citizen by naturalisation (form AN)"?

Likely I will be travelling away from the UK after the application has been submitted, so ideally I do not wish my physical passport & BRP to be submitted.

Many thanks!

Re: ILR with BNO & HK Passport - which form to use for citizenship application

Posted: Wed Aug 28, 2019 5:42 am
by secret.simon
A B(OTA) Registration is an entitlement (i.e. can't be refused if the conditions are met) under Section 4(2) of the British Nationality Act 1981, while naturalisation is always at discretion.

The fees are also slightly less for B(OTA) - £1012 vs £1282 for naturalisation.

Also see Registration as a British citizen: other British nationals for more information on how Home Office caseworkers would process your application.

Re: ILR with BNO & HK Passport - which form to use for citizenship application

Posted: Wed Aug 28, 2019 1:02 pm
by tadaa
Thank you for the response.

Will both Section 4(2) and Section 4B be applied at the same time?

I am confused if I use B(OTA), will I be registering through Section 4(2) entitlement, where I meet all the absence requirements; or will they put me through Section 4B where I don't think I am eligible as I clearly have dual nationalities?

Re: ILR with BNO & HK Passport - which form to use for citizenship application

Posted: Sat Sep 21, 2019 10:02 pm
by Forest2thirds
There should be no confusion. You would be using Form B(OS) if you applied under sec.4B.