CUKC from Hong Kong

[dennis0915]

My grandfather was born in Hong Kong in 192X and his parents were also born in Hong Kong.

In 1960, he went to London with his CUKC(HK) passport and stayed there until 1982.

He went back to Hong Kong occasionally between 1970-1982.

In 1973, his passport had a chop stated that he had right of abode in the UK. I think this is because of 5 years ordinary residence.

In 1983, he became British citizen otherwise than by descent.

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In 1974, my mother was born in Hong Kong.

In 1980-1982, she went to London with my grandfather and was granted indefinite leave to enter in her CUKC(HK) passport.

After 1982, she went back to Hong Kong with my grandfather and never went to UK again.

She held CUKC(HK) > BDTC(HK) > BN(O) passport.

I checked the 1981 British nationality law and found out there is no way for her to apply for British Citizen.

I don't think she can get her ILE back as it lapsed.

If my mother had been born after 1983, she would have been British citizen by descent.

Anyway, I helped her to apply for British Citizen to see if there is any chance.

[vinny]

See also The Hong Kong British National (Overseas) Visa.

[secret.simon]

You are correct. Your mother is unable to claim British citizenship because of the laws in place at the time of her birth.

She was born a CUKC, but could not inherit the Right of Abode from her father as that was acquired by 5 years residence in the UK, which was specific to the person and was not inheritable.

I do not see any direct way for your mother or yourself to be able to acquire British citizenship.

She can try applying for a Returning Resident visa, on the basis that her father was a British citizen otherwise than by descent and that she had ILE at the time that she last left the UK. It *may* be granted (it is unlikely, but there is a possibility). She will of course need to reside in the UK for five years before applying for registration as a British citizen.

And that does not open a pathway for your immigration to the UK. You will likely have to rely on the Hong Kong BNO Visa that vinny has linked to above.

[dennis0915]

Thank you for your advise. I will consider the Returning Resident visa. If it fails, BN(O) visa will be the final approach.

I am still looking for a very slight chance that the Home Office will apply S4(4) of The British Nationality Law. This is for BN(O) or other British nationalities to register as a British Citizen.

The Home Secretary can nearly waive all of the requirements for special cases.

Of course, I think the chance is very very low.

"(4)If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely—
(a)treat the person to whom the application relates as fulfilling the requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
(b)disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;
(c)treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned"

[vinny]

A problem under Section 4 is that she wasn’t in the UK at all in the preceding 5 years? If all the residence requirements in Section 4 may be waived, then won’t that make Section 4 redundant?

[vinny]

Could she register under the British Nationality (Hong Kong) Act 1997?