Immigrationboards.com

Hello guys,

According to overview section in Link 1, I may be eligible if I meet the list of criteria. I am wondering if I have to meet all or just one of them. I am having another form of British nationality, while I do have been presented in this country for 5 years, but as a student. Will I be successful by making an application by filling in the form B(OTA)?

Some say that I have to had an ILR in order to make this application, but the overview section says that 'register as a British citizen' is different from 'naturalised'. And I have also read through the guide B(OTA), it does not mentioned anything about the ILR at all. Does anyone have any ideas?

Many thanks!!

Link 1: https://www.gov.uk/register-british-citizen/overview

jasonjason1207 wrote:Hello guys,

According to overview section in Link 1, I may be eligible if I meet the list of criteria. I am wondering if I have to meet all or just one of them. I am having another form of British nationality, while I do have been presented in this country for 5 years, but as a student. Will I be successful by making an application by filling in the form B(OTA)?

Some say that I have to had an ILR in order to make this application, but the overview section says that 'register as a British citizen' is different from 'naturalised'. And I have also read through the guide B(OTA), it does not mentioned anything about the ILR at all. Does anyone have any ideas?

Many thanks!!

Link 1: https://www.gov.uk/register-british-citizen/overview

There is a requirement to be free from immigration time restrictions in last 12 months of the applicant's 5 years in UK.
That means having ILE/ILR or (if the dependent of an EEA national) of acquiring & holding PR.

You should have been free from immigration time restrictions during the last 12 months of this period. Usually there is a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. If you do not have a passport or letter which says this and you have lived here many years you may still be free from an immigration time restriction

See page 6 of document you have linked.

What is the form of nationality you have?
Are you now free from immigration time restrictions?

if you meet all requirements you will have a chance to succeed as HO follows & applies (their) rules.

jasonjason1207 wrote:I am having another form of British nationality

What form of British nationality do you hold? Do you have a passport in that form?

jasonjason1207 wrote:I do have been presented in this country for 5 years, but as a student.

Are you a minor (under 18 years of age) at this point in time?

jasonjason1207 wrote:Some say that I have to had an ILR in order to make this application, but the overview section says that 'register as a British citizen' is different from 'naturalised'.

Registration as a British citizen from another form of British nationality also requires ILR/PR. You may wish to read through Sections 4-4G of the British Nationality Act 1981.

noajthan wrote:

jasonjason1207 wrote:Hello guys,

According to overview section in Link 1, I may be eligible if I meet the list of criteria. I am wondering if I have to meet all or just one of them. I am having another form of British nationality, while I do have been presented in this country for 5 years, but as a student. Will I be successful by making an application by filling in the form B(OTA)?

Some say that I have to had an ILR in order to make this application, but the overview section says that 'register as a British citizen' is different from 'naturalised'. And I have also read through the guide B(OTA), it does not mentioned anything about the ILR at all. Does anyone have any ideas?

Many thanks!!

Link 1: https://www.gov.uk/register-british-citizen/overview

There is a requirement to be free from immigration time restrictions in last 12 months of the applicant's 5 years in UK.
That means having ILE/ILR or (if the dependent of an EEA national) of acquiring & holding PR.

You should have been free from immigration time restrictions during the last 12 months of this period. Usually there is a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. If you do not have a passport or letter which says this and you have lived here many years you may still be free from an immigration time restriction

See page 6 of document you have linked.

What is the form of nationality you have?
Are you now free from immigration time restrictions?

if you meet all requirements you will have a chance to succeed as HO follows & applies (their) rules.

Sorry mate, are you referring to the correct link?
I have only attached one link, which is the gov.uk website. Which document are you referring to?

jasonjason1207 wrote:Sorry mate, are you referring to the correct link?
I have only attached one link, which is the gov.uk website. Which document are you referring to?

I mean page 6 of the B(OTA) form guidance - it's (somewhere) on the webpage(s) you linked.

Edit: here it is:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

noajthan wrote:

jasonjason1207 wrote:Sorry mate, are you referring to the correct link?
I have only attached one link, which is the gov.uk website. Which document are you referring to?

I mean page 6 of the B(OTA) form guidance - it's (somewhere) on the webpage(s) you linked.

I have read through the whole guide, but I can't find the same paragraph as you have quoted. However, I have found some similar words as followed.

must be free from any restriction under the immigration law on the date of application and have been in the UK at the beginning of the 5 year period unless they were settled in the UK immediately before 1 Jan 1983.

Are the red words referring to the ILE/ILR?

jasonjason1207 wrote:Are the red words referring to the ILE/ILR?

Yes, that is what 'free from any immigration restrictions' means.

CR001 wrote:

jasonjason1207 wrote:Are the red words referring to the ILE/ILR?

Yes, that is what 'free from any immigration restrictions' means.

Would you mind telling me what is about the ILE?

All I can find on gov.uk is ILR, not ILE. How can one get ILE?

You can't get ILE in the circumstances you have described.

ILE is 'Indefinite Leave to Enter'. Usually only granted to a person under 18 joining their parents who have ILR or are full British Citizens (obtained after childs birth).

secret.simon wrote:What is the form of nationality you have?

Can you answer this question too please so we can understand.

What form of British nationality do you hold? Do you have a passport in that form?

Are you a minor (under 18 years of age) at this point in time?

CR001 wrote:You can't get ILE in the circumstances you have described.

ILE is 'Indefinite Leave to Enter'. Usually only granted to a person under 18 joining their parents who have ILR or are full British Citizens (obtained after childs birth).

Does ILR related to 'Apply to settle in the UK'? I am actually an international student..

secret.simon wrote:What form of British nationality do you hold? Do you have a passport in that form?

Are you a minor (under 18 years of age) at this point in time?

I am having a National Overseas passport, and I was 18 five years ago

ILR = settlement - yes

jasonjason1207 wrote:I am having a National Overseas passport

Are you from Hong Kong? There were special provisions made for some BNOs that you may wish to research into. There have been cases on these forums of BNOs registering, which you should find by a search.

But broadly, you will need to gain acquire settled status (ILR/ILE/PR) and hold it for a year, just like every other non-EEA citizen, to gain British citizenship. The only major difference will be the application form that you will need to submit.

secret.simon wrote:

jasonjason1207 wrote:I am having a National Overseas passport

Are you from Hong Kong? There were special provisions made for some BNOs that you may wish to research into. There have been cases on these forums of BNOs registering, which you should find by a search.

But broadly, you will need to gain acquire settled status (ILR/ILE/PR) and hold it for a year, just like every other non-EEA citizen, to gain British citizenship. The only major difference will be the application form that you will need to submit.

Yes I am from Hong Kong. I know that there are some special rules made for BNOs..

I was looking into 'Register as British citizen', because one of my brother's old colleagues said that I can "register or apply for something" after 5 years and then I can simply settle in the UK. But he didn't mention what is that about..

jasonjason1207 wrote:

secret.simon wrote:

jasonjason1207 wrote:I am having a National Overseas passport

Are you from Hong Kong? There were special provisions made for some BNOs that you may wish to research into. There have been cases on these forums of BNOs registering, which you should find by a search.

But broadly, you will need to gain acquire settled status (ILR/ILE/PR) and hold it for a year, just like every other non-EEA citizen, to gain British citizenship. The only major difference will be the application form that you will need to submit.

Yes I am from Hong Kong. I know that there are some special rules made for BNOs..

I was looking into 'Register as British citizen', because one of my brother's old colleagues said that I can "register or apply for something" after 5 years and then I can simply settle in the UK. But he didn't mention what is that about..

Do you hold or have held any other nationality since 1997 (Feb)?

Wanderer wrote: Do you hold or have held any other nationality since 1997 (Feb)?

unwillingly yes.

jasonjason1207 wrote:one of my brother's old colleagues said that I can "register or apply for something" after 5 years and then I can simply settle in the UK.

To the best of my (limited) knowledge, it is not that simple.

You require settled status (ILR/ILE/PR) before becoming a British citizen, unless you are a minor at the time of application for citizenship and were born in the UK (minors born abroad also require settled status before registration).

You can acquire ILR through five years in a work stream (now restricted to Tier 2 General with pretty high salary requirements, a minimum of £36000 per annum) or through ten years in a combination of legal residences (so a mix-and-match of work and study is acceptable).

Once you acquire settled status/are free from immigration controls, you need to wait for a year before acquiring British citizenship, unless you are married to a British citizen, in which case you can apply immediately after acquiring settled status.