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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3504
Experience:  English Solicitor and UK Immigration Law Expert
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I meet all the requirements of S4 Immigration act 1981 and

Resolved Question:

I meet all the requirements of S4 Immigration act 1981 and in 1987 applied for Passport which I received as BC. However, on reapplication on 15 Feb 2012, I was told BC Passport given to me in 1987 must have been issued in error by the Passport Office and therefore a Passport was issued on 18th Feb 2012 with status British Overseas Citizen. Prior to 1987, I had CUKC passport with endorsements on page 5 and had been resident here from 2nd April 1967 without break except for two three trips to Europe(2 weeks, 2weeks, 5 days)as at 31st Dec 1982. I was born in Kenya 0n 31st Jan 1949 and travelled to the UK on CUKC Passport with relevant endorsements on page 5.

Was Identity and Passport Office wrong to revert my status to BOC
My Passport History
CUKC Passport with BOC status from 1967 to 1987( two passports)
1987-1989 BC Passport
1989 -1999 BC Passport
1999-2009 BC Passport
2009-2012(Feb) BC Passport
18th FEB Passport with reversion to BOC
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues. Has the IPS come back to you?

Thank you
Customer: replied 2 years ago.
Not yet but today they rang me and confirmed that the Manager would look into the matter after he has seen the file. I am told that I should get response within three days
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I am aware of many people from Kenya (BOC's) who have been issued British Citizen passports in error, they should have applied for registration as BC's first under S. 4 (5 years residence or if they do not hold another nationality) to be entitled to such BC passports.

However, you may get lucky and be given the benefit of the error. The UKBA/Home Office Nationality Instructions at Paragraph 6.3.8, see here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter6/chapter6?view=Binary

Otherwise, you may easily apply for BC under S. 4(2) of the BNA 1981 on grounds of residence.

Hope this helps. Please click on Accept
Customer: replied 2 years ago.
Thanks, XXXXX XXXXX clearly states a CUKC Passport holder on 31st Dec 1983 having right of abode became British Citizen so no registration would be required. That was my case, a CUKC Passport Holder with required endorsements on page 5 and having resided in the UK prior to 31 Dec 1982 for five years or more without interruptions.
Please clarify where was the error
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I see where the confusion is, S. 4 of the BNA 1981 deals with applications for registration which is why you would have been entitled to register as a BC if you were settled in the UK (which you were).

You should refer to S. 11(1) of the BNA 1981 (not S.4) which provides that CUKC's with the right of abode became BC's.

The Immigration Act 1971 introduced the concept of right of abode.
Under that Act only those with a close connection with the United
Kingdom had the right to live in, and come and go into and from, the
United Kingdom. You acquired the right of abode in the UK as you lived in the United Kingdom for a period of 5 years
before 1/1/1983, and were settled in the UK at the end of that 5 year
period.

You should point the above out to IPS and ask them to correct their error in issuing you a BOC passport when infact, you are entitled to a BC passport.

All the best. Please click on Accept
UKSolicitorJA, Solicitor
Satisfied Customers: 3504
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you

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