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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Customer Question

Hi, I am holder a British National Overseas passport from Hong Kong. And at the time I entered the UK in 2009 my passport was not being stamped and ever since I have been working and living here. I do hold a HKSAR passport as well as Hong Kong residence are allow to hold 2 passport. I have a good job and paying my taxes for the past 3 years. My Mother is British citizen and I don't have any family in Hong Kong.I want to know how can i go about with my status for being legalised in UK.
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

I assume that you originally entered the UK legally and have remained so until now.

If you hold a British National Overseas passport and have lived/worked in the UK for a period of 3 years then you are not yet able to apply to registered as a full UK citizen (ie. one that holds UK citizenship “otherwise than by descent”.

However, you may very well be able to in a couple of years.

This UKBA leaflet explains the requirements in order for you to register as a full UK citizen:- http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn12.pdf?view=Binary

Please refer to “REGISTRATION UNDER SECTION 4 ON THE GROUNDS OF RESIDENCE IN THE UNITED
KINGDOM” on page 2 of the above link and you will see that the eligbility criteria is contained at a) to g).

You will see that you are required to be in the UK for a period of 5 years before you are eligible to apply. You should also check against the other eligibility criteria (ie. time outside the UK) to ensure that you meet it.

Provided you do and you stay until you have resided in the UK for a period of 5 years then you will be able to apply for registered as a full UK citizen. You can do this using for B(OTA):-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_bota.pdf
Once you have been registered as such you can then apply for a UK passport.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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