BNO holder apply for British Citizenship

hawking · Post by **hawking** » Mon Dec 03, 2018 4:12 pm

Previously, I have read the following post (on 16 Feb 2017).

british-citizenship/bno-holder-apply-fo ... l#p1712191

secret.simon Moderator Posts: 6163 Joined: Fri Feb 22, 2013 5:29 am

Re: BNO holder apply for British Citizenship

Post by secret.simon » Fri Feb 17, 2017 12:24 am
The complicating factor is that Chinese law automatically considers people of Chinese descent living in Hong Kong as Chinese citizens. Hence, BNOs of Chinese descent can not register under any section of British law that requires you to hold no other nationality.

So, it comes down to your ethnicity. If you are of Chinese descent, the route you were exploring is not for you. On the other hand, there has been some success reported on these forums of BNOs of non-Chinese ethnicity successfully registering under Section 4B.

BRITISH NATIONALITY (HONG KONG) ACT 1997 - EVIDENCE TO BE SUPPLIED wrote:
4.8 Applicants of Chinese origin

4.8.1 If applicants produce Hong Kong Permanent Identity Cards which have the symbol ***, it is almost certain that they are of Chinese ancestry and are Chinese citizens (despite the official disclaimer in Annex E). They should therefore be asked, regardless of where they are applying, to contact the Hong Kong Special Administrative Region Immigration Department for confirmation that they were not Chinese citizens.

4.8.2 However, it should be noted that the issuing authority can remove these asterisks at the holder’s request and, therefore, their absence is not conclusive proof that the holder was not a Chinese citizen. Where it appears from the application form or other information that applicants are wholly or partly of Chinese ancestry, they should normally be required to obtain confirmation from the Hong Kong Immigration Department that they were not Chinese citizens at "the relevant date".

Page 5 of GUIDE EM: A guide to registration as a British citizen under the British Nationality (Hong Kong) Act 1997 wrote:
(iv) If you become a British national through your Hong Kong connections but you are ethnically Chinese, under Chinese nationality rules, you may have been regarded as a Chinese national. If so, you would not be entitled to registration under the 1997 Act. If you are in this category, we advise you to contact the Hong Kong Special Administrative Region Immigration Department for clarification before making an application.

Also see Chapter 14 of the Nationality Instructions: registration and naturalisation under legislation other than the British Nationality Act 1981.

The above considerations would also preclude a BNO of Chinese ethnicity from applying under Section 4B, which also requires the applicant not to hold any other nationality.

You can of course apply under Section 4, as highlighted by MrSlyFox, but that requires you to have held ILR for a year. As you have been on Tier 4 visas this far, it is unlikely that you will acquire ILR any time soon (to the best of my knowledge, Tier 4 visas are not a pathway to ILR except under 10 years Long Residency).

Here I would like to clarify what if I go to the HKSAR Immigration Department and do the following:
Application for Renunciation of Chinese Nationality

Can I apply the BC with higher chance? Thanks in advance.

MrSlyFox · Post by **MrSlyFox** » Mon Dec 03, 2018 5:03 pm

If you are attempting registration as a British citizen under the British Nationality (Hong Kong) Act 1997.

The issue is you can't have held dual citizenship on the relevant date being (immediately before 4 February 1997) unless you are born after or acquired British Nationality after then (which the date is the date of birth or date you became a British National).

You must not have held (hold) any other, non-British nationality or citizenship on the
relevant date.
section 5 - https://assets.publishing.service.gov.u ... 01-16_.pdf

You will not be eligible for registration as a British citizen if you renounced (or
otherwise gave up) the nationality or citizenship of some other country on or after "the
relevant date"

secret.simon · Post by **secret.simon** » Mon Dec 03, 2018 7:30 pm

What is your background? Are you of Chinese ancestry? What is the basis of your application for British nationality? Is it the Hong Kong Act 1997 or Section 4B of the British Nationality Act 1981? Both have specific requirements. Go through the sections I have linked to and let us know if you can satisfy the requirements.

hawking wrote: ↑
Mon Dec 03, 2018 4:12 pm
Here I would like to clarify what if I go to the HKSAR Immigration Department and do the following:
Application for Renunciation of Chinese Nationality

Can I apply the BC with higher chance? Thanks in advance.

This will have no effect on an application under Section 4B (linked to above). That specifically requires "the Secretary of State is satisfied that the person has not after [19th March 2009, in your case] renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality". Therefore, your renunciation of Chinese nationality will not make you eligible for registration under Section 4B.

hawking · Post by **hawking** » Tue Dec 04, 2018 8:36 am

MrSlyFox wrote: ↑
Mon Dec 03, 2018 5:03 pm
If you are attempting registration as a British citizen under the British Nationality (Hong Kong) Act 1997.

The issue is you can't have held dual citizenship on the relevant date being (immediately before 4 February 1997) unless you are born after or acquired British Nationality after then (which the date is the date of birth or date you became a British National).

You must not have held (hold) any other, non-British nationality or citizenship on the
relevant date.
section 5 - https://assets.publishing.service.gov.u ... 01-16_.pdf

You will not be eligible for registration as a British citizen if you renounced (or
otherwise gave up) the nationality or citizenship of some other country on or after "the
relevant date"

Thank you for your reply and advice. Now, I am totally lost. Any other alternative??

hawking · Post by **hawking** » Tue Dec 04, 2018 8:36 am

secret.simon wrote: ↑
Mon Dec 03, 2018 7:30 pm
What is your background? Are you of Chinese ancestry? What is the basis of your application for British nationality? Is it the Hong Kong Act 1997 or Section 4B of the British Nationality Act 1981? Both have specific requirements. Go through the sections I have linked to and let us know if you can satisfy the requirements.

hawking wrote: ↑
Mon Dec 03, 2018 4:12 pm
Here I would like to clarify what if I go to the HKSAR Immigration Department and do the following:
Application for Renunciation of Chinese Nationality

Can I apply the BC with higher chance? Thanks in advance.
This will have no effect on an application under Section 4B (linked to above). That specifically requires "the Secretary of State is satisfied that the person has not after [19th March 2009, in your case] renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality". Therefore, your renunciation of Chinese nationality will not make you eligible for registration under Section 4B.

Again, thank you for your response. It seems that it is a mission of impossible.

hawking · Post by **hawking** » Sat Feb 09, 2019 3:27 am

secret.simon wrote: ↑
Mon Dec 03, 2018 7:30 pm
What is your background? Are you of Chinese ancestry? What is the basis of your application for British nationality? Is it the Hong Kong Act 1997 or Section 4B of the British Nationality Act 1981? Both have specific requirements. Go through the sections I have linked to and let us know if you can satisfy the requirements.

hawking wrote: ↑
Mon Dec 03, 2018 4:12 pm
Here I would like to clarify what if I go to the HKSAR Immigration Department and do the following:
Application for Renunciation of Chinese Nationality

Can I apply the BC with higher chance? Thanks in advance.
This will have no effect on an application under Section 4B (linked to above). That specifically requires "the Secretary of State is satisfied that the person has not after [19th March 2009, in your case] renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality". Therefore, your renunciation of Chinese nationality will not make you eligible for registration under Section 4B.

Hi Simon,

I think I have missed something in my previous reply. As you have mentioned that there are TWO ways, namely, Hong Kong Act 1997 and Section 4B of the British Nationality Act 1981. From your reply, you are referring Section 4B.

Thus, I would like to clarify my previous question(s) is based on HK Act 1997. Is there any difference? Thanks in advance.

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BNO holder apply for British Citizenship

BNO holder apply for British Citizenship

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Re: BNO holder apply for British Citizenship

Re: BNO holder apply for British Citizenship

Re: BNO holder apply for British Citizenship

Re: BNO holder apply for British Citizenship