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british overseas citizens, some clarification ? Posted on: Thu, 17 Apr 2008 19:54:18 +0000 (UTC)

Hi

In Ch22 of the Immigration Directorate's Instructions it talks about a
'limbo policy' and a stock letter for notifying British Overseas
Citizens (BOCs) in the situation of having renounced another
citizenship while in the UK.


9.3. Applying the limbo policy

The so-called limbo policy is applicable only after the exhaustion of
all the usual
administrative processes, including deportation. Only after EPU have
decided that
further deportation action is not appropriate or feasible, or illegal
entry action has
been abandoned, should consideration be given to applying the limbo
policy.
If it is decided that the status of the UKPH should not be
regularised, the applicant
should be notified in writing of their position under the limbo
policy. ANNEX C
provides a copy of a stock letter which may be used for this purpose.
The
applicant has no right of appeal against the decision not to
regularise their stay.


Does anyone know what the wording of this letter is ?

What is the effect of the limbo policy? When would it be applied ?

Is the recognition that such BOCs cannot be removed from the UK
sufficient grounds to apply the limbo policy ?

My law is pretty rusty, and my UK immigration law non-existent, but
would I be right in guessing that the limbo policy is tantamount to
saying 'We can't stop you being here, but we won't progress your case
or allow you to regularise to British citizenship ?'

The advice of IND to David Blunkett of 19 June 2002 talks (para.9)
about the situation of BOCs who have 'activated' their BOC status,
thereby losing Malaysian nationality and right of residence in
Malaysia.

The advice admits that if such BOCs enter the UK, they cannot be
removed.

Anecdotally, I am aware of two situations where IND was confronted
with the situation of BOCs who had 'activated' their status working in
the UK. In both cases IND took no action.

It's always dangerous to make universal assumptions from particular
sets of facts, so can anyone outline what the law or regs say about
this ?

I would be grateful for any advice on this; the whole matter seems
quite perplexing.

Best regards

Ben
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?
29839. british overseas citizens, some clarification ?