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RS1 (regaining citizenship after renouncing it)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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needhelpplz
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Posts: 1
Joined: Sun Sep 06, 2020 4:05 am
Hong Kong

RS1 (regaining citizenship after renouncing it)

Post by needhelpplz » Sun Sep 06, 2020 4:15 am

I'll try to make this quick.

I'm a born British citizen that has settled in Hong Kong and have no plans of moving back to the UK. So it only makes sense to get the HK passport and enjoy the additional perks that gives me. However, I have to give up my British citizenship in order to get it.

Technically HK allows dual citizenship but under weird laws, and I don't fall under those exceptions. So I must renounce.

I want to know if my situation would let me use the RS1 form to get my UK citizenship back after I successfully apply for my Hong Kong one.

There's very limited information online about it and from what I can find, it seems like it's not guaranteed?

Any help in this matter would be greatly appreciated.

secret.simon
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Posts: 11549
Joined: Thu Feb 21, 2013 9:29 pm

Re: RS1 (regaining citizenship after renouncing it)

Post by secret.simon » Sun Sep 06, 2020 7:09 am

It is not a road frequently travelled, so it is unlikely that anybody on these forums will be able to advise out of personal experience.

It is an entitlement (i.e. can not be refused if the conditions are met) to register as a British citizen if renunciation of British citizenship was a precondition to acquiring another citizenship. However, you may have to prove that precondition/requirement to the Home Office when you apply to register.

Reacquiring British citizenship may breach the conditions of citizenship in HK/China. See the Nationality law of the PRC. And given the recent developments in HK, the judicial interpretation of the law may be at variance with what we'd expect.
Section 13 of the British Nationality Act 1981 wrote:Resumption.
(1)Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if—
(a)he is of full capacity; and
(b)his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.

(2)A person shall not be entitled to registration under subsection (1) on more than one occasion.

(3)If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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