Posted by
chaehaih
15 yrs ago
I know it's fairly new scheme, but does anyone know (in details) about the new law, based on which a person (of Pakistani/indian ethnicity) holding BNO can get British Citizenship/Passport?
I already have done a bit of studying and have read the guide and have also contacted the local British consulate General, but I have some questions about qualifications and also cos i want to be sure before forking out close to 7grand. As previously I spent 4grand, but supposedly my knowledge on qualification was inadequate, so I was refused he passport.
Here are some of the reasons for my need to seek clarification:
1- I previously applied for the passport when i was just under 21 and they refused my claim based on my age not being above 21, thereby me being a minor and so still being under the nationality of my parents who were solely Pakistani.
2- soon after my birth (In Hong Kong) I was taken back to pakistan and raised there and sent back here (HK) after finishing high school there (pak) i was sent to HK by my parents carrying a pakistani passport.
upon my arrival I got my HK PR ID (due to my birth) and BNO passport, which I am still carrying. I seldom travel and the few times i did travel, it was on BNO even when I visited pakistan few times.
so here are some pointers that I am not sure how to answer to myself so that I can be sure that I qualify under the above scheme:
a - one of the main qualifications to get the UK passport is that I should acquire a letter stating that I am no longer pakistani if I ever held BNO passport. that is achievable and done and by this definition and by the confirmation that I also am not Chinese due to never applying / getting Chinese (HKSAR) passport.
b- on the application form I must declare whether or not I ever held any other nationality. of course I did through my parents, even if I was born and raised in HK and since they never acquired british citizenship, then by my origins I was still a pakistani until the age of 21. At least that's what the british govt kept telling me during my last attempt at the time i was 21 and applied for british citizenship.
so would the above be a problem for my application?
cos some people are suggesting that I completely omit filling this part of my application form, as it's irrelevant, because according to them, I am over 21, holding BNO for many years, not holding any other nationality should be sufficient grounds for my application. But I wonder and not so sure what I should about this part, cos simply claiming that I never held any other passport/citizenship aside from BNO is not the truth, secondly I believe the above scheme does provide enough and sufficient grounds for me to apply without having
to omit these details.
c - last but not least some of the rules to qualify are:
i- must not hold any other citizenship or nationality.
ii - since july 2002, must not have:
1- renounced any citizenship or nationality
2- voluntarily given up any citizenship or nationality or
3- lost through action or inaction any citizenship or nationality.
so my question is if I never did any of the above 4. do i qualify.
especially since the wording of point #3 above are very ambiguous..
"lost through action or inaction........" since I have just been holding BNO for the past 15+ years. and the only time I tried to renounce my Pakistani citizenship, the pakistani consulate general told me to get a letter from british consulate to cofirm that they were going to issue me british passport, else they can't issue me a renunciation. of cos that was when I was under 21, so i no longer chased this case after getting refusal from the british immigration.
so... am i considered to have lost my pakistani citizneship at the time of my 21st birthday which was well before july 2002 as i was already holding BNO well before my 21st birthday for many years?
and so based on all the above findings, should I go ahead and spend few thousand again?
thanks for reading and I am sorry about the length of this post. just want to present all the facts to get proper advise.
Thanks again to all.
Please support our advertisers:
I can understand your eagerness to get those answers before forking out cash that might be swallowed very quickly and then just as quickly you are told that you don't qualify. I have to admit that I don't know the answers. However, it is just as likley that on a forum such as this you are only going to get personal opinions - and there's a 50% chance that each of those opinions will be wrong...and there goes your hard-earned cash again. I would strongly suggest that you make a small investment in getting paid-for advice from a relevant professional. In the long run it should be money well-spent, as it would reduce significanyly the chances of you pouring more cash down the drain. Good luck!
Please support our advertisers:
This scheme is to assist those who are essentially stateless, so pretty much 3rd generation and onwards persons who are unable to claim nationality of their parents and of course do not have Chinese nationality.
In your case this does not apply as you have Pakistani nationality and have carried a Pakistani passport. Therefore you are not stateless. You do not lose nationality after the age of 21! Even if you do renounce your own nationality - or have lost it the British government will say that is of your choosing.
Do not lie on your application form, they will check and they will check thoroughly. Any inconsistency will have it immediately terminated right there.
Please support our advertisers:
Chaehaih. British nationality is really complicated so I would go back to the Consular Section and just ask them. The advice would be free and from the horse's mouth so not sure why you need to pay all this money.
Level 3 (entrance on Justice Drive)
Mon to Fri, 09.00–14.00 for personal callers;
Mon to Thur, 09.00–16.30 and Fri, 09.00–16.15 for telephone enquiries.
I think this is the Act you are referring to but please go to the Consulate to check
http://www.opsi.gov.uk/acts/acts1997/ukpga_19970020_en_1
Please support our advertisers:
thanks everyone for replying and your replies are all very helpful / useful. So I have..
1- already forked out the 6+K for now. Answer shall be revealed to me within 4-6 months.
2- (@kenwin) tried contacting solicitors, but they all kept telling me that it's a straight forward process and I should consult the local consulate for clarification. it seemed that they themselves were not experts on the subject, just as "Loyd Grossman" said, British nationality is indeed a complicated matter.
And the unfortunate thing is that local staff are never properly informed enough to answer nationality / citizenship related questions. they always refer an inquirer to UK home office. And getting a reply (from UK) and a fast reply for that matter..... hmm... story for another time...
3 - (@evildeeds) contacted the British consulate and they advised that there are plenty of other Pakistanis in the same boat as me, and they wanted to know if I have already got the letter (from Pakistani consulate) stating (summary of which is) that if I own a BNO, then I am no longer a Pakistani. And I did have this letter, so I went ahead and submitted my application with every piece of information on it, being the truth to the best of my knowledge. there is a possibility that you are right and I just wasted this 6+K, that itself will at least make me stop worrying about this issue altogether from then on.
so now shall have to wait and see if my money went down the drain or perhaps not.
thanks again everyone.
Please support our advertisers:
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail