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Registering as citizen under crown service

Posted: Mon Aug 26, 2024 3:23 pm
by wttl201
Hi! My father is a British National (Overseas) with ILR (applied via the route for Hong Kong Veterans), will he be able to register as a British Citizen under the crown service route (military service pre 1997) as he does not meet the residency requirements . Many thanks

Re: Registering as citizen under crown service

Posted: Mon Aug 26, 2024 3:42 pm
by secret.simon
How long did your father spend in the Armed Forces? Which branch of the Armed Forces did her serve in? Was he ever posted to the UK itself?

There is no pathway to registration for Crown Service, but there may be a pathway to it if he already has got ILR.

See this section of the Naturalisation as a British citizen at discretion caseworker guidance.

Note that naturalisation is always at discretion and there is no right to naturalise.

TBH, acquiring British citizenship under the BNO route may be easier if he is already in the UK.

Re: Registering as citizen under crown service

Posted: Mon Aug 26, 2024 4:07 pm
by wttl201
He was serving in the British Hong Kong military crop for four years and later worked for the colonial government. But he does not meet the 5 years residency requirement for citizenship, do you think he have a chance to naturalise at discretion. I.e. he have strong ties with the UK as I have lived in the UK for more than nine years, he used to be in the arm force, holds BNO etc.

Re: Registering as citizen under crown service

Posted: Mon Aug 26, 2024 4:40 pm
by secret.simon
wttl201 wrote:
Mon Aug 26, 2024 4:07 pm
do you think he have a chance to naturalise at discretion.
No.

Theer are multiple requirements to naturalise as a British citizen; absences over the past five and one year, physical presence in the UK five years ago, etc. Discretion can be used to disregard one requirement if all other requirements are met. But discretion doesn't mean that the entire rule-book is thrown out. He fails to meet all three requirements above.
wttl201 wrote:
Mon Aug 26, 2024 4:07 pm
he have strong ties with the UK as I have lived in the UK for more than nine years
He needs to meet the strong ties to the UK in his own right. It is not something that can be transferred from a child or another family member.

Note that because there is special provision made for ILR/ILE/Settled Status, that does not mean that the rules for naturalisation are relaxed equivalently. Naturalisation is a process separate from immigration and has its own separate laws, rules and requirements and they need to be met in full, regardless of the relaxation of any rules for ILE/ILR/Settled Status.