# British National (overseas) passport 5 years residence as student under updates Nov15



## hkbnoboy (Dec 13, 2015)

Hi guys,

I am a student from Hong Kong Who has been living in the UK for 5.5 years now, and plan to continue my life here after my degree.

I am currently holding hong kong and bno passports. 

I have been checking the home office for this topic for a while and knew that i would have to hold indefinite leave to remain for the last year of my stay in order to obtain my citizenship.

but recently they changed again, they seemed to have taken off the requirement for IDR for bno holders, does it imply student years cant now be counted towards for my citizenship and can do it under registration instead of naturalisation.

any helps would be appreciated.
Thanks .


G

cant post link yet due to status problem.:juggle:


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## nyclon (Apr 3, 2011)

You can post a link when you have made 5 good posts.


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## Joppa (Sep 7, 2009)

Your final 12 months in UK must be free from any restrictions, i.e. you must hold ILR. So it will take you 6 years to achieve citizenship by registration. there are also limits to how much you can be away from UK.


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## hkbnoboy (Dec 13, 2015)

registration is supposed to be simpler than naturalisation and i think they changed their rule and heres the wording.



You’ve lived in the UK for 5 years or worked in Crown service
You may be able to register as a British citizen if you hold any form of British nationality and either:

you’ve lived in the UK for at least 5 years - and spent no more than 450 days abroad during that time, and no more than 90 days abroad in the last 12 months
you’ve worked in Crown Service at any time
You’ll get citizenship ‘otherwise than by descent’ if your application is successful. Your children can also be British citizens.



it is different than naturalisation without stating the need of holding an ilr. 
Thats why i am wondering if they have loosened it up for us bno holders to register after 5 years legal residence.

or as you said i would need to hold an ilr before registering, do you imply i am entitled to apply for an ilr at this point ?


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## Joppa (Sep 7, 2009)

You are misreading it. You can only register if during the last 12 months you have been free from time restriction, meaning you hold ILR, which takes 5 years. 


> A. THE ‘5 YEARS RESIDENCE’ REQUIREMENTS
> The 5 year period is the period ending with the date your application is received in the Home Office. Example: If your application is received in the Home Office on 30 December 2007, the 5 year period will be from 31 December 2002 to 30 December 2007.
> You will meet the ‘5 years residence’ requirements if: 
> you were in the United Kingdom at the beginning of the 5 year period (BUT see fourth note on page 5) and 
> ...


https://www.gov.uk/government/uploa...ta/file/475662/B_OTA__Guide_November_2015.pdf
You can get ILR if you have been here for 5 years. You have to apply for it as it isn't given automatically. And then from the time you get ILR, you have to wait a year before registering as British citizen.


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## hkbnoboy (Dec 13, 2015)

thanks a lot Joppa ! i will now then proceed to applying for an ILR.
and my 5 years as a student would count too for it ? 

after getting an ILR will i be able to leave and enter UK freely as well ?

Thanks a lot


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## Joppa (Sep 7, 2009)

Yes, your 5 years as student will count.
Provided you don't stay away longer than 2 years, you can return. You can register as British citizen after 12 months. Also watch out for 90-day limit during the 12 months before registration.


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## hkbnoboy (Dec 13, 2015)

thanks joppa! 
thanks a lot . you have been very helpful .

do you think its better to apply with immigration consultant or just use nationality service .


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## Joppa (Sep 7, 2009)

Just use nationality checking service, provided you have all the required documents.


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## HKG3 (Jan 11, 2015)

hkbnoboy said:


> do you think its better to apply with immigration consultant or just use nationality service .


When you apply for ILR, you will need to tell the Home Office the number of days you are not in the UK. As a Hong Kong resident, your passport is not stamped when entering or leaving Hong Kong. You may want to apply for a Statement of Travel Records from the Hong Kong Immigration Department so that you have this information ready.

Application for a Statement of Travel Records | Immigration Department


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## hkbnoboy (Dec 13, 2015)

Update: during application , the visa advisor in uni asks if I have tax payment history in the past 5 years as that might be necessary in the process of application of ilr.
Any ideas on this one for application as student w bno on the 5 years basis?


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## hkbnoboy (Dec 13, 2015)

Post deleted - sorry


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## HKG3 (Jan 11, 2015)

Would be grateful if you can update us regarding your ILR application.


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## jasonjason1207 (May 24, 2016)

Mate, under what circumstances you are suggesting that he can apply for ILR with a student for 5 years? 

I am also a student has been staying in the UK for 5 years.. How can I apply for ILR?


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## Joppa (Sep 7, 2009)

You can't, as student visa such as Tier 4 General doesn't lead to settlement. It may be different for those on a different passport such as British National (Overseas). 
Your only hope for settlement is if you can stay in UK legally for 10 years (10-year route) or switch to a different visa that leads to settlement, such as spouse or Tier 2 General.


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## jasonjason1207 (May 24, 2016)

Joppa said:


> You can't, as student visa such as Tier 4 General doesn't lead to settlement. It may be different for those on a different passport such as British National (Overseas).
> Your only hope for settlement is if you can stay in UK legally for 10 years (10-year route) or switch to a different visa that leads to settlement, such as spouse or Tier 2 General.


Maybe I have missled you. I have the same situation as he does. I am also a BNO passport holder.

But where did you see that a BNO holder can apply for ILR after 5 years of studies?


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## Joppa (Sep 7, 2009)

Well, you can apply for registration as British citizen if you have been legally resident in UK for 5 years, haven't been out of UK longer than 450 days and haven't been out more than 90 days in the last 12 months, and have been free from immigration time limit in the last 12 months (i.e. holding ILR). You meet all the conditions as student except the last, so you need to switch to another immigration category that leads to settlement such as Tier 2 General (which you can do if you can get sponsorship from employer on the conclusion of your studies) or family route (marrying or being partner to a British citizen), This will take 5 years (plus one year if not a partner of British citizen), so you are no better off than others when it comes to getting ILR and citizenship. 
There is another route to citizenship if you have held no other citizenship beside BN(O), not entitled to one or have given up or lost by inaction or action. If you are entitled to HK (SAR) citizenship even if you haven't applied for one or got a passport, you won't be eligible.


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## jasonjason1207 (May 24, 2016)

Joppa said:


> Well, you can apply for registration as British citizen if you have been legally resident in UK for 5 years, haven't been out of UK longer than 450 days and haven't been out more than 90 days in the last 12 months, and have been free from immigration time limit in the last 12 months (i.e. holding ILR). You meet all the conditions as student except the last, so you need to switch to another immigration category that leads to settlement such as Tier 2 General (which you can do if you can get sponsorship from employer on the conclusion of your studies) or family route (marrying or being partner to a British citizen), This will take 5 years (plus one year if not a partner of British citizen), so you are no better off than others when it comes to getting ILR and citizenship.
> There is another route to citizenship if you have held no other citizenship beside BN(O), not entitled to one or have given up or lost by inaction or action. If you are entitled to HK (SAR) citizenship even if you haven't applied for one or got a passport, you won't be eligible.


Given these paragraphs, I believe this is actually not the case for OP. He is just a student staying here for 5.5 years and is not satisfying any of these criteria..


However, I am interested as there might be some bugs here. So, for example in my case, I am a student for 5 years. Once I switch to tier 2 visa successfully, can I immediately apply for a ILR? Or must I wait for another 6 years?

Thanks


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## Joppa (Sep 7, 2009)

The rules state you must qualify for settlement under the relevant immigration rules, so there is no shortcut for those holding BN(O) passport and must wait 5 years like everyone else (plus one year if not a partner of British citizen). So it does seem that holding BN(O) offers no useful advantage over other migrants, except that you can be registered by right and don't have to go for naturalisation which is at Home Secretary's discretion. Also fees are lower: £833 vs £1236.


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