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Thread: can British Nationality Overseas BNO apply for Indefinite after 5 years

  1. #11
    Senior Member
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    Feb 2008
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    337

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Dear Dev
    Please check www.nepalisandesh.com
    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

  2. #12

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Namaste,

    Thnx for your reply.

    I heard that many BNOs holder got ILR by applying via court using Human Right Law. Is that true? Can BNO can apply ILR via these things? Is there any way that BNO can apply for ILR or BC? Letter from Nepalses gov proof that BNOs are not NEpalese.
    http://www.britishcitizen.info/HK_No...rding_BNOs.pdf
    I applied NEp passport for my son but refused n they said you are Brit National so ur son cant apply for Nep PP. I need visa to go Nepal and visa to stay in UK, Its very bad treatment isn't? Whats ur suggestion? I'll be appriciate your reply.
    Thnx.

    Dev

  3. #13
    Senior Member
    Join Date
    Feb 2008
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    337

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Namaste,
    Hello Dev
    If your application is refused, you can always invoke human rights issues in the court, specially Article 8 of the ECHR subject to your immigration status in the UK.

    British nationals of Nepalese descent may be eligible to register as British citizens under the British Nationality (Hong Kong) Act 1997 or section 4B of the British Nationality Act 1981, The legal argument is any person of Nepalese descent would normally cease to be a Nepalese citizen immediately acquiring the citizenship of another country.

    Your son is entitled to register as British citizen. Prior to that I must know what is immigration status and nationality of your wife. If your son was born on or after 26th November 2006, he is entitled to acquire citizenship through your wife on basis of Jus sanguines rule or bloodline principle if your wife holds Nepalese citizenship subject to provision of Nepalese Citizenship Act 2006. If this is the case, he can not register as British citizen. You can register your son as British citizen if you prove he would be otherwise stateless. Please note that BN (O) passport holder can not transmit his status to his children.
    Please see my article on, 'The Legal status of BN (O)' in Nepali Sandesh, Part 1 and Part 2.
    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

  4. #14

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Dear Raju Dai,
    Thank you for your reply. I'm really appriciated. No i didn't apply for it, i just want to know if possible via EC Human right. My son born in 2007. My wife have NEpali pp but i applied Nepali PP for him but refused. They don't want to receive his pp form so embassy of nepal didn't issue his pp. They said your son was born in UK & you are holding a British National Overseas Passport, so you are British National and your wife have Nepali Passport, according Nepali Citizenship Act/ New Interim Nepali Constitution 2007 Nepali mother can’t transfer her Nepali Passport to her child if she married with foreign citizen. Child has to born in Nepal and has to permanent resident in Nepal to acquire the Nepali Passport or Citizen from Nepali mother married with foreign citizen. So we can’t issue Nepali Passport for your son. How can i prove he would be otherwise stateless? Yes i read your article that was so meaningful. Yes Lord goldsmith think that only the option which is fair for BNO to give full BC. But khai kahile hune ho and when they are going to introduce citizenship bill according to his report? Buda bhaiyela jasto cha dai khai.

    Dev

    Part 2(8),7

    http://www.worldstatesmen.org/Nepal_...tution2007.pdf

  5. #15
    Senior Member
    Join Date
    Feb 2008
    Posts
    337

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Dear Dev

    You are absolutely right and I am very happy that you have done enough research. If your son can not obtain passport through you or your wife, please get the confirmation from Nepalese authority as they can not issue passport because of your BN(O) passport and your wife can not transmit her citizenship to your son who was born in the UK. You are aware of the facts that Nepalese Law does not allow to retain dual nationality. If it is confirmed from Nepalese authority then your son is virtually stateless. If this is the case,you can register your son as British citizen by virtue of BNA 1981.
    More details in Nepali Sandesh on 23rd April 2008.
    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

  6. #16

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Thnx for reply. I went three time to ask for written letter from Embassy of Nepal but you know NEpal sarkar, hune sano kura lai pani..... I request them many time if possible please but they said we didn't issue those type of letter to anyone. I applied British Pssport for my son in IPS but refused, then i came to know that first i have to register in HO. Have you check Nepal Interim Constitution 2007 Part 2;8;7? Any idea when Brit Gov will apply golsmith's citizen plan into effect.

    Dev

  7. #17
    Senior Member
    Join Date
    Feb 2008
    Posts
    337

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Dear Dev

    You are absolutely right and I am very happy that you have done enough research. If your son can not obtain passport through you or your wife, please get the confirmation from Nepalese authority as they can not issue passport because of your BN(O) passport and your wife can not transmit her citizenship to your son who was born in the UK. You are aware of the facts that Nepalese Law does not allow to retain dual nationality. If it is confirmed from Nepalese authority then your son is virtually stateless. If this is the case,you can register your son as British citizen by virtue of BNA 1981.
    More details can be obtained in Nepali Sandesh on 23rd April 2008.
    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

  8. #18

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    nothing new news hagi dai same old news. Aba wait garda garda buda hola jasto cha

  9. #19

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Dear Raju dai,

    I renewed my student visa. And Home office issued my dependent visa of my son in paper “Immigration Status Document”. My son don’t have passport. I’m holding BNO passport holder. So, Nepali Embassy didn’t issue passport for him from my wife. So, I renewed my student visa without his pp. So, HO issue visa him in paper. I want to go Nepal for few weeks after 2,3 weeks. Can my son travel with that paper visa document “Immigration Status Documents”? And can he return to UK through that document? Is there any problem to travel with “Immigration Status Document”?

    Home office issue Travel Document (valid until visa expire) for those who can’t make their pp from their own national country but they need proof for that and also it takes more than one months. I don’t have written letter from Nepal embassy. So, if it is possible to travel with his paper visa document “Immigration Status Document”
    I’m planning to travel with his paper visa document “Immigration Status Document” Is it possible? IS there any prob to go and to return in UK and also in nepal? Please I need suggestions. Thank you.

    Dev

  10. #20
    Junior Member
    Join Date
    May 2008
    Posts
    1

    Re: can British Nationality Overseas BNO apply for Indefinite after 5 years

    Namaste dai,
    I'm a BNO holder n married to in service British Gurkha army. I've been living here since 2003 as his dependent on dependent visa in my BNO n have 2 kids born here. They both already have British passport. I would like to know if i'm eligible for British passport or not? It would be great if you could let me know what i'm entitled for n etc. if i'm. Thank you so very much for your help.

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