British passport taken back after given to BN(O)

Hi All,

Situation
I was issued with British Citizen passport in May 2013 when I sent my British National(Overseas) passport for renewal. British passport has been taken back on Jan 19 2014 and the reason given is it was issued in error in the first place. Furthermore, I would be issued British National (Overseas) once again.

Question
British passport was sent to the UKBA in relation to MN1 application for both of my children born in the UK (6 and 2 years old). MN1 denied since I am no longer British citizen; I am BN(O). They would refund fee because 'it was not a fault of mine' to think I met MN1 requirement. Passport returned to Her Majesty's Passport Service and rest of the documents with decision sent back to me.

What would you suggest I should do? I await BN(O) passport and even when it arrives I would still have to regularize my status in the UK.

Immigration History
I've been British National (Overseas) since 1998 and I've lived in the UK since August 2003 on different status (student mostly but also science and engineering graduate scheme - this is before Jan 31 2009). My stay outside of the UK during last 10 years period is less than six months. Since my last arrival as a visitor in May 2009 I've tried different routes (such as registration as British citizen under Hong Kong Act as well as FLR(O) extension of stay). However, after I withdrew FLR(O) in Apr 2013 I was given British Citizen passport.

My wife and children hold American nationality

You need an immigration solicitor, straight away, to understand your immigration history, and what visa options you may have.

You're not "no longer a British citizen". Based on the facts submitted, you were never a British citizen - being issued a British citizen passport by mistake does not make you a British citizen.

If you're BN(O) then are you ethnically Chinese, or otherwise a citizen of China-HKSAR? If not, then have you got any other nationality? Have you looked into registration as a British citizen under section 4B of the British Nationality Act 1981.
http://www.ukba.homeoffice.gov.uk/sitec ... de_bos.pdf

Your wife is American - so what's her immigration status in the U.K.?

Hi JAJ,

Many thanks for your reply. I would certainly get a lawyer as per your advise. I've spoken to couple of them already; however, they seem to insist I stand a chance to challenge UKBA decision of keeping British passport; however, I don't tend to agree and more interested to explore other options.

My wife is an American citizen; however, she is no longer in the UK and doesn't have any leave to remain. Same is true for my children.

By birth I am from Hong Kong; however, I am not of Chinese ethnic origin. I have family ties with Pakistan. The reality is apart from being born in Hong Kong I haven't spent a great deal of time there. I was once issued Permanent Residence card; however, I never exercised my right to stay there.

Would there be any other option such as applying on the basis of long-residence since I've been here for over ten years (don't think I've overstayed but last arrival in 2009 was as a visitor and since then trying to switch to another status).

Could I register as a British citizen using form BOTA?

Thanks

I'm wondering if you aren't stateless. This would give you more options.