Immigrationboards.com

I've got a bit of a weird issue
I'm currently studying in Birmingham and I entered the country under a Tier 4 student visa on an HKSAR passport.

Last September I decided to renew my BNO which I have held since birth but never used for anything major
I sent HMPO my HKID, BNO, HKSAR, everything they asked for and a few weeks later to my surprise I didn't get my BNO back but I got a full citizenship passport.

Surprised, I called the home office to check that it was ok. The guy on the phone checked through my application and then said that I now have full citizenship and the right of abode in the UK. I've since used my passport to enter through the EU gate, apply for a DBS check and to vote and I've had no issues so I know that my name is on the system as a citizen. However, since my route to citizenship was essentially accidental, I never did the life in the UK test, have a ceremony or get a naturalisation certificate. The only document I have that proves my citizenship is my passport which says citizen on it.

I went to the university and asked them to take me off my tier 4 visa since I was told that I now have citizenship but they wouldn't accept my word, completely understandable, and wants to do an indepth investigation with the home office. Also they found a weird observation on my passport that should only exist on a BNO, aka: this person is allowed to enter the country visa free for 6 months and has right of abode in Hong Kong. In short it's a passport that says GBR citizen but has a BNO observation. They don't contradict each other but they also shouldn't be together.

Obviously, I'm quite worried about having it recalled should it be a clerical error so I didn't allow them to check. Originally I was ignoring the issue by saying that I'll keep my visa up to date as long as I'm in Birmingham and hopefully it'll be ok when I apply for a masters. However, now I'll be studying abroad for a year in the US and the time abroad was not originally part of my degree which means I'll need the university to either accept my citizenship or renew the visa.

The new tier 4 visa laws (Especially the NHS surcharge which I never paid because my original visa application was made before they started) have made it so expensive to apply for an extension that I'm not sure if I can pay for them, nor would I have the time to deal with it right now.

My question then is: Can HMPO recall my citizenship if they gave it to me and I did not make an incorrect application or apply through fraud? Is there any risk in getting the university to check my passport?

I plan on staying in the UK after my degree but as I'm studying an Art subject, it will be difficult to reach the new immigration earnings test so having this passport could be the only way I am able to stay.

Apply for a Confirmation of Britsih Nationality status with Form NS.

Were either of your parents born in the UK before 1983?

TMX wrote:Also they found a weird observation on my passport that should only exist on a BNO, aka: this person is allowed to enter the country visa free for 6 months and has right of abode in Hong Kong.

I find this strange. I am not surprised at the ending about right of abode in HongKong, which would state your entitlement to live in Hong Kong (which is based on your HKID, not the passport anyway).

But the initial part, which states that you are allowed to enter the country visa free for six months contradicts your right of abode in the UK, if you are a British citizen.

Also see similar case in 2014.

Unless I missed something I'm failing to understand how to would get a passport without applying for as nationality (or visa) and passport applications are handled by different departments.

Chinho2k wrote:Unless I missed something I'm failing to understand how to would get a passport without applying for as nationality (or visa) and passport applications are handled by different departments.

BNO, BOC and BOTA citizenships/passports are different to applying for naturalisation. They fall under separate rules based on historical circumstances.

CR001 wrote:

Chinho2k wrote:Unless I missed something I'm failing to understand how to would get a passport without applying for as nationality (or visa) and passport applications are handled by different departments.

BNO, BOC and BOTA citizenships/passports are different to applying for naturalisation. They fall under separate rules based on historical circumstances.

Interesting, thanks CR001

Just remember that just because they gave you a passport it doesn't make you a citizen. It could lead to large problems for you later on, read more.

Ah ok.

Sounds like the smartest thing to do would be to let the University do all the work for me in this case.

I do find it awkward that the HMPO person I called said that I do now have citizenship and that I could get through the EU gate if I were not given citizenship status.

Both my parents were born in Hong Kong and we all hold BNOs. I believe my father held a proper British passport at one point but that was before BNOs were created. I don't think any of them has right of abode. I was told that the '6 month visa free' doesn't contradict citizenship because it doesn't say i have to leave, only that i don't need a visa to enter.

I wish I had a recording of the call with HMPO, that might clear things up slightly.

TMX wrote:I was told that the '6 month visa free' doesn't contradict citizenship because it doesn't say i have to leave, only that i don't need a visa to enter

Then, what happens after six months?

See also British nationality law and Hong Kong.

Unfortunately, I don't think that you may rely on Government Employees' phone conversations.

Does your newly-issued passport bear the text "European Union" on its front cover?

TMX wrote:Sounds like the smartest thing to do would be to let the University do all the work for me in this case.

Personally I wouldn't leave this to your university. As its something that affects you directly it would be in your best interest to establish whether an error has been made by HMPO by getting confirmation of British Nationality as suggested by Secret Simon.

TMX wrote: Sounds like the smartest thing to do would be to let the University do all the work for me in this case.

No. You have to prove to the University that you have the right to study in the UK. The university is duty bound to take you off their books if you can not prove that. It is your problem, not theirs.

Odds are that you have been issued the passport in error. Passports issued in error do not confer any rights and do not make you a British citizen. It is your responsibility, not anybody else's, to follow this up.

Get the confirmation of British nationality from the Home Office.

Do not take the advice of the Home Office/HMPO phone support seriously, as Vinny has advised. There have been cases reported on these forums of people being given completely contradictory advice on back-to-back phone calls.