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Am I a British Overseas Citizen???

General UK immigration & work permits; don't post job search or family related topics!

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Bakuli
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Location: N.W Kent

Post by Bakuli » Mon Sep 18, 2006 10:12 am

Hi Christophe

Of course I will keep this forum informed of the results!

Bakuli
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Joined: Sat Jun 10, 2006 4:54 pm
Location: N.W Kent

Post by Bakuli » Mon Sep 18, 2006 12:14 pm

Just made my complaint to the UKPS via email. It will be interesting to see what their investigation will turn out.

Bakuli
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Location: N.W Kent

Post by Bakuli » Sat Sep 23, 2006 11:29 am

Received a letter of aknowledgement from the UKPS Customer Service Team, three days after I made the complaint. I am informed that they will deal with my complaint as quickly as possible.
As for the IND, I rang them yesterday to enquire about the Status letter, which I had requested more than 3 months ago. At least this time the person I spoke to said they will get the Nationality Enquiries Team to give me a call early next week, rather than the usual " sorry, we can't give you a timescale to expect a reply".

Bakuli
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Location: N.W Kent

Post by Bakuli » Sat Sep 30, 2006 11:44 am

Guess what ?

After a mighty long wait and several calls to IND, at last a letter arrived this morning from the Nationalities Enquiries Team informing me (which Paul already pointed out in this forum many months ago) that indeed I became a British Citizen the 1/1/983 when the BNA 1981 came into force.

-------------------------------------------------------------------------------------
Here is what the staus letter said :

Dear Mr. ___

Thank you for youyr letter of the 11th June, regarding your nationality status.

Nationality is matter determined conclusively only by the courts, depending on the date, place and country of birth. However, from the information you have provided it appears that you were formally a British Subject/Citizen of the United Kingdom and Colonies by virtue of your birth in Penang. The former federation of Malaya attained independence within the Commonwealth on 31/08/1957 under the provisions of the Federation of Malaya Act 1957.

On Malaysia Day 16/09/1963, the Federation of Malaya was joined by the Colonies of North Borneo, Sarawak and Singapore and renamed Malaysia.

However, the Federation of Malaya Independence Act 1957 contained no provision for the loss of Citizenship of the United Kingdom and Colonies (CUKC) by persons connected with the former colonies of Penang and it would appear therefore that you retained CUKC status.

From the information you have provided it would appear that by virtue of your length of residence in the United Kingdom prior to 1/1/1983, you would have acquired 'Right of Abode', and when the British Nationality Act 1981 came into force on 1 January 1983 you would have become a British citizen.

I trust this answers your query.

Yours sincerely

Mrs. _______


-------------------------------------------------------------------------------------

Now that I have the letter to prove my citizenship, I can apply for my British Passport right away but .....if only I have my current Malaysian Passport with me! :cry: My Passport is currently with the Right of Abode Department at IND because I had sent it there two weeks ago to apply for the Certificate of Entitlement to the Right of Abode. I had applied for the certificate because I had no idea when I would receive the 'Status letter' and because the UKPS insisted that I needed the Certificate to prove that I had the Right of Abode before they would consider my application for a British Passport.

And so the story continues................................................................

Anyway, thank you so much to everyone who has contributed, a mighty big thank you especially to Paul. Without this forum, I think I would have embarked on the wrong journey and waste of money to British Citizenship as I was told by IND that I needed naturalisation to attain it!

ppron747
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Post by ppron747 » Sat Sep 30, 2006 1:15 pm

That's great, Bakuli - glad it's almost over, at least!
All the best - and don't forget to tell us what the Passport Office says, in response to your complaint...
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Bakuli
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Posts: 39
Joined: Sat Jun 10, 2006 4:54 pm
Location: N.W Kent

Post by Bakuli » Sat Sep 30, 2006 9:15 pm

Yes Paul, I will definitely post any other developments here.

I have a strange feeling that my status letter arrived this week due to my complaint to the IND about the unacceptable time it had taken them to reply. Only earlier this week I received acknowledgement from the Complaints Dept at IND saying they will look into my complaint and then ..Presto!...the status letter arrived!

Bakuli
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Joined: Sat Jun 10, 2006 4:54 pm
Location: N.W Kent

Post by Bakuli » Thu Oct 05, 2006 10:48 am

Received a letter from Customer Services at UKPS informing me that it has been necessary to refer 'your specific nationality query and complaint' to a senior case-worker to ascertain my qualification to British Citizenship before I can be provided with a substantive answer.

I am not too happy with the choice of words used in that letter because it sounded as if I approached UKPS with a query about my citizenship status when I applied for the passport. So, I am now going to reply to that letter informing them that I was very aware of my status when I approached the UKPS to apply for a British Passport and that the whole basis of my complaint was to do with their duty manager (on the day of my appointment) querying my status as a British Citizen!

Bakuli
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Joined: Sat Jun 10, 2006 4:54 pm
Location: N.W Kent

Post by Bakuli » Thu Oct 19, 2006 5:11 pm

Hi everybody,

Just posting an update.

Just got my passport back today from IND with the certificate of Entitlement to the Right of Abode in it ! It took just about a month for the ROA application to be processed and approved.

As for the IPS, I also received a letter today with the finding of their investigation following my complaint. Basically, what they're saying is it is not within their remit to establish my right to British Citizenship and that a Certificate to ROA or a status letter from IND is required before a British Passport could be issued to me.

Anyway, thank you to this forum and all the contributors for all the help I received.

Christophe
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Post by Christophe » Sat Oct 21, 2006 1:55 pm

I am pleased that you got your certificate, Bakuli, and reasonably promptly too.
Bakuli wrote: As for the IPS, I also received a letter today with the finding of their investigation following my complaint. Basically, what they're saying is it is not within their remit to establish my right to British Citizenship and that a Certificate to ROA or a status letter from IND is required before a British Passport could be issued to me.
The letter from the passport people raises the question of where they draw the line between making an assessment of someone's right to British citizenship. Certainly your case was not ordinary (particularly these days), but after all someone has to make a decision about the claim to British nationality of every first time passport applicant. So, as I say, I wonder where the line is drawn, after which a decision becomes too complex for the pasport people to deal with.

JAJ
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Australia

Post by JAJ » Tue Oct 24, 2006 11:53 pm

Christophe wrote: The letter from the passport people raises the question of where they draw the line between making an assessment of someone's right to British citizenship. Certainly your case was not ordinary (particularly these days), but after all someone has to make a decision about the claim to British nationality of every first time passport applicant. So, as I say, I wonder where the line is drawn, after which a decision becomes too complex for the pasport people to deal with.
The Passport Office should be asked to state exactly where the line is drawn.

It may well be good public policy that the Home Office IND should issue an evidentiary certificate of British nationality in complex cases, but that process does not exist today and it seems totally inappropriate for the Passport Office to refuse to consult the Home Office directly.

There must be a set of policy instructions given to caseworkers (equivalent to the Nationality Instructions). Perhaps a Freedom of Information request might bring these to light.

Bakuli
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Posts: 39
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Location: N.W Kent

Post by Bakuli » Tue Oct 31, 2006 8:43 pm

Had an appointment at the London Passport Office today. I went there 'armed' with my ROA certificate, citizenship status letter from IND, confident that my passport application would run smoothly this time. Well, my initial optimism was quickly dampened when I realised the counter staff didn't have a clue about my claim to British Citizenship under section 11(1) of the BNA 1981. She started questioning me about the eligibility of my passport application in quite a hostile manner (maybe I was feeling a bit paranoid). Anyway my application was referred to the floor supervisor ( who happened to be the same one who dealt with me the previous time). She did not approach me this time and I was asked by the counter staff to wait in the main waiting area until called again. To cut a long story short, I waited for nearly 3 hours before my passport application was finally approved. The reason for the delay - the senior examining officer was not sure why my ROA certificate was approved under Section 2 (1) (a) instead of Section 2 (1) (c) (which she thought should be the correct one). She finally got the answer after contacting IND - my ROA was granted under section 2 (1) (a) because IND has recognised my British citizen under section 11 (1).

ppron747
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Location: used to be London

Post by ppron747 » Tue Oct 31, 2006 9:10 pm

Crikey, Bakuli....
I don't know how old the floor manager was, but there hasn't been a section 2(1)(c) in the Immgration Act 1971 since 31 December 1982.....
2(1)(c) was how you got ROA originally, when it was still possible to gain it simply by residence. 2(1)(a) is how you have it now - because you're a British citizen, and that is how BCs have it.
I cannot believe the nerve of the person concerned, refusing to bother to work out your claim to ROA the first time around, and then having the bare-faced cheek to query it after you've paid for the Home Office to work it out for them...
If you heard a crash just now, it wasn't a firework, it was my jaw hitting the desk!
Glad it all worked out in the end, though :)
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

JAJ
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Australia

Post by JAJ » Wed Nov 01, 2006 2:31 am

ppron747 wrote: I cannot believe the nerve of the person concerned, refusing to bother to work out your claim to ROA the first time around, and then having the bare-faced cheek to query it after you've paid for the Home Office to work it out for them...
If these attitudes are typical in the Passport Office then it's hardly surprising that there is a steady supply of passport "horror stories" where people whose British citizenship claim is slightly complicated just get a passport refusal and a brush-off.

ppron747
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Post by ppron747 » Wed Nov 01, 2006 2:45 am

JAJ wrote:....it's hardly surprising that there is a steady supply of passport "horror stories" where people whose British citizenship claim is slightly complicated just get a passport refusal and a brush-off.

I can't remember hearing any others, lately - do tell.....
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

JAJ
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Australia

Post by JAJ » Thu Nov 02, 2006 2:22 am

ppron747 wrote:
JAJ wrote:....it's hardly surprising that there is a steady supply of passport "horror stories" where people whose British citizenship claim is slightly complicated just get a passport refusal and a brush-off.

I can't remember hearing any others, lately - do tell.....
These three, for starters:

http://groups.google.com/group/misc.imm ... a9735eb61/

http://groups.google.com/group/alt.visa ... 8373da066/

http://groups.google.com/group/misc.imm ... 771d8641c/

ppron747
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Location: used to be London

Post by ppron747 » Thu Nov 02, 2006 8:49 pm

Hmmmmmmmmmmmm........

Not sure really......

Happy to concede that, in the case of the UK-born child child with the Dutch mother, they do seem to have cocked it up - and the Home Office seem to have made the same mistake...

But in the other two cases, the Passport Office has simply not issued passports to people who aren't British citizens. It's true that they could acquire BC, by registration, but it's not as if they had an automatic claim to BC they they could prove, like Bakuli. So it wasn't wrong to refuse the passports.

I think the Passport Office would argue that their job is to issue passports to British people, not to advise non-British people how to qualify - basically that nationality advice is what IND is for. But it's also the case that we don't actually know what was said to the individuals anyway, except through the filter of what passes for journalism. They certainly had no hesitation in (incorrectly, IMO) passing the buck to IND when Bakuli went in. I wouldn't be at all surprised if they (correctly, this time) did the same thing with these two cases.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

JAJ
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Australia

Post by JAJ » Fri Nov 03, 2006 2:16 am

ppron747 wrote: Happy to concede that, in the case of the UK-born child child with the Dutch mother, they do seem to have cocked it up - and the Home Office seem to have made the same mistake...
Not the first time this mistake has been made. This is a similar case (two children involved) except that the mother is Irish:
http://groups.google.com/group/uk.legal ... df987e32b/

They certainly had no hesitation in (incorrectly, IMO) passing the buck to IND when Bakuli went in. I wouldn't be at all surprised if they (correctly, this time) did the same thing with these two cases.
Perhaps the problem is that among the general public, the impression is that the Passport Office and IND are one and the same.

Bakuli
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Location: N.W Kent

Post by Bakuli » Wed Nov 08, 2006 7:12 pm

Hi Guys,

Have been away from home the past week and have only just got back.

I cannot believe the nerve of the person concerned, refusing to bother to work out your claim to ROA the first time around, and then having the bare-faced cheek to query it after you've paid for the Home Office to work it out for them...
I must add that the person who queried my claim to ROA was not the same person who dealt with me the first time. She did not approach me this time after the counter staff referred my case to her. After I was asked to return back to the waiting area, my application was handed to a senior case worker. Apparently she was the same person who supplied the Customer Service Manager all the information in response to my complaint (she admitted to this when I mentioned about the complaint letter). In that letter, the Customer Service Manager wrote (as advised by this senior case worker) that a certificate of entitlement to the ROA or a status letter would be required for a British Citizen passport to be issued to me. So, really I should have queried her action because I had also supplied a British Citizenship status letter from IND which alone by itself was enough evidence to issue me with a passport (as advised by this lady herself!). For some reason (unbeknown to me) I kept my mouth shut and just waited quite patiently.

Anyway, my "story" has finally reached its climax - I received my British Citizen passport yesterday ! So, once again, thank you guys ( Paul, Jaj and all the other contributors) who have been a tremendous source of knowledge and good guidance in my journey to British citizenship!

[/quote]

penanglad
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Post by penanglad » Tue Jun 10, 2008 3:48 pm

ppron747 wrote:
penanglad wrote:
ppron747 wrote:Because (and I don't understand why this was the case) the Federation of Malaya Independence Act 1957 contained no provision for loss of CUKC, you continued to be a CUKC after independence. Most people in this position, lacking the right of abode in the UK, went on to become BOCs.
The reason is that the 1957 independence Acts (Ghana and Malaya) were the first ones to come after the 1948 BNA and the idea of depriving people of CUKC on independence was novel.

For some reason Ghana was retrospectively covered by the 1958 BNA, but not Malaya. Maybe Penang and Malacca were too insignificant and could be seen as a special case. Or the 1958 Act may have been specifically requested by the Ghanaian government.
I believe the absence of a loss provision was actually agreed following representations from the people of Penang and Malacca. What I'd be interested in knowing is why these representations were accepted. Was it something to do with ethnicity?
A bit too late for the original question, but for anyone still interested, I found the following:

Mr. George Cunningham
asked the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the extent of Great Britain's obligations towards those persons who possess citizenship both of Malaysia and of the United Kingdom and Colonies.

§ Sir Alec Douglas-Home
The so-called Queen's Chinese are persons of Chinese origin who were born in the former 25W colonies known as the Settlements of Penang and Malacca, now forming part of Malaysia, or whose fathers were born there. During the discussions on the future of those Colonies in 1956–57, representations were made that many of the existing inhabitants, notably those members of the Chinese race whose families have lived there for several generations, attached considerable importance to maintaining their connection with the Crown as citizens of the United Kingdom and Colonies. Neither the British Government nor their Royal Highnesses the Rulers of the Federated States nor the future Government of independent Malaya saw any objection to dual citizenship in such circumstances. Consequently the Federation of Malaya Constitutional Commission 1957 (Colonial No. 330) recommended that these people should be permitted to retain their citizenship of the United Kingdom and Colonies on becoming citizens of the Federation of Malaya. Therefore, the Federation of Malaya Independence Act, 1957, did not provide for the withdrawal of citizenship in such circumstances from persons who were connected with Penang and Malacca and the Malaysia Act, 1963, did not withdraw citizenship of the United Kingdom and Colonies from persons who were already citizens of Malaya before Malaysia Day. Thus they are dual citizens of the United Kingdom and Colonies and of Malaysia and it is believed that they now number about 1,000,000. However, children born in Malaya or Malaysia whose fathers were Queen's Chinese born there after 31st August, 1957, will not become citizens of the United Kingdom and Colonies by descent.

The entry of Queen's Chinese to the United Kingdom is subject to control under the Commonwealth Immigrants Acts, whether they hold Malaysian or United Kingdom passports. Whilst they retain their present status we are under no obligation to admit them even in the theoretical event of their arrival here under some form of compulsion. Only a very small percentage of the Queen's Chinese do in fact hold United Kingdom passports and the number of them seeking entry to the United Kingdom has always been low. There is no reason to expect any increase.

penanglad
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Post by penanglad » Tue Jun 10, 2008 4:01 pm

And the following from the original debates in 1957:

THE SECRETARY OF STATE FOR COMMONWEALTH RELATIONS AND LORD PRESIDENT OF THE COUNCIL (THE. EARL OF HOME) ...

So far as Federal citizenship is concerned, I think common sense and common purpose have prevailed. Basic liberties are preserved, which should remove any fears of discrimination which might be held by the Chinese, while so far as United Kingdom citizens are concerned, they will be Commonwealth 233 citizens, as will be citizens of the Malayan Federation. They will enjoy no special privileges but that common status which is enjoyed by all people who are citizens of a Commonwealth country.
...

LORD REID
...
The other matter that I think I must mention is citizenship. The changes with regard to citizenship of the Federation may be substantial, or they may be simply paper changes. I do not myself regard the changes as of vital importance, but perhaps we were more interested in Commonwealth citizenship, and I am glad to say that Commonwealth citizenship has been retained. I will not trouble your Lordships with the extremely technical matter of citizenship of the United Kingdom and Colonies. There has been a change made there, but I think I am safe in saying that the practical interests of those in the Federation who are at present citizens of the United Kingdom and Colonies—and they are in a much wider class than inside Penang and Malacca—will not be prejudiced in the long run by the changes that have been made. Therefore it seems to me that the substantial changes which have been made, although I recognise their importance, have not destroyed, though they may have shifted, the balance which we tried to keep.
...
THE EARL OF PERTH
...
This Bill does not grant self-government, but enables Her Majesty the Queen to enter into an agreement to establish an independent Federation of Malaya and to provide by Order in Council for its implementation. It withdraws United Kingdom protection and jurisdiction from the Rulers, and arranges for Penang and Malacca, at present part of Her Majesty's Dominions, to join the Federation as two new States on equal terms with all the other States. At the same time it preserves the United Kingdom nationality status of those, and particularly those who are known as the "Queen's Chinese," who are now citizens of these two States. After Merdeka Day, all citizens will look to the Federation as their nation to whom their loyalty is due. I do not believe your Lordships would wish me to elaborate further on the citizenship question. It has already been touched on by the noble Lord, Lord Reid, and the happy thing is that it is accepted by one and all.

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