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I think i am stateless!!

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Adz
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I think i am stateless!!

Post by Adz » Tue Feb 06, 2007 7:06 am

Hi, i am a bit concerned about my nationality status. I am a "British National (overseas)" citizen with connection to Hong Kong. With this status i do not have the right of abode in the UK. The fact is I do not have any other nationality except being a " permenanent resident of Hong Kong" which entitles me to live there as long as I am not out of the country for more than 3 years in which case I would lose my right to live there as well. In a sense I have no place I can call my country! I applied for British Citizenship several years back but was rejected as they claimed that I was a pakistani national (which I wasnt aware of). My parents are from pakistan and they both have pakistani citizenship but live in Hong Kong.

My point is, I have never had anything to do with Pakistan in terms of nationality yet I am not eligible for British Citizenship?! Im confused. Has anyone got any advice or can anyone point me in the right direction? will be much appreciated. Thanks

Ad

Marco 72
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Location: London

Post by Marco 72 » Tue Feb 06, 2007 11:05 pm

How come you are not a Pakistani citizen if both of your parents are?

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: I think i am stateless!!

Post by JAJ » Wed Feb 07, 2007 1:55 am

Adz wrote:Hi, i am a bit concerned about my nationality status. I am a "British National (overseas)" citizen with connection to Hong Kong. With this status i do not have the right of abode in the UK. The fact is I do not have any other nationality except being a " permenanent resident of Hong Kong" which entitles me to live there as long as I am not out of the country for more than 3 years in which case I would lose my right to live there as well. In a sense I have no place I can call my country! I applied for British Citizenship several years back but was rejected as they claimed that I was a pakistani national (which I wasnt aware of). My parents are from pakistan and they both have pakistani citizenship but live in Hong Kong.
I presume what you're saying is that your parents are Pakistani and did not not ever register or naturalise as UK & Colonies citizens or British Dependent Territories citizens in Hong Kong before 1997.

If that's not the case and your father ever did become British, please clarify.

Otherwise you may get more meaningful advice if you can clarify:

- assuming you were born in Hong Kong, when were you born?
- did you register or naturalise as British in Hong Kong? If so, when?
- was your father born in Pakistan? If not, where was he born?
- when did you register as a British National (Overseas)?
- have you always been living in Hong Kong?

This is the Home Office view of Pakistan nationality law:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

http://www.britishcitizen.info has information concerning some other erroneous interpretations of the law on the part of UK officials, so it's important to be very precise with the information you supply.

Adz
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Posts: 4
Joined: Tue Feb 06, 2007 6:50 am

Post by Adz » Wed Feb 07, 2007 6:48 am

***
Last edited by Adz on Wed Feb 07, 2007 6:58 am, edited 1 time in total.

Adz
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Posts: 4
Joined: Tue Feb 06, 2007 6:50 am

Post by Adz » Wed Feb 07, 2007 6:53 am

Marco 72 wrote:How come you are not a Pakistani citizen if both of your parents are?
My parents did try to get Pakistani citizenship years ago but I was rejected as I am a British National (oversea) citizen. They said I would have to renounce by BN(O) status to obtain Pakistani nationality. Dual nationality would only be allowed if I was a British citizen.

Adz
Newly Registered
Posts: 4
Joined: Tue Feb 06, 2007 6:50 am

Re: I think i am stateless!!

Post by Adz » Wed Feb 07, 2007 6:57 am

JAJ wrote:
Adz wrote:Hi, i am a bit concerned about my nationality status. I am a "British National (overseas)" citizen with connection to Hong Kong. With this status i do not have the right of abode in the UK. The fact is I do not have any other nationality except being a " permenanent resident of Hong Kong" which entitles me to live there as long as I am not out of the country for more than 3 years in which case I would lose my right to live there as well. In a sense I have no place I can call my country! I applied for British Citizenship several years back but was rejected as they claimed that I was a pakistani national (which I wasnt aware of). My parents are from pakistan and they both have pakistani citizenship but live in Hong Kong.
I presume what you're saying is that your parents are Pakistani and did not not ever register or naturalise as UK & Colonies citizens or British Dependent Territories citizens in Hong Kong before 1997.

If that's not the case and your father ever did become British, please clarify.

Otherwise you may get more meaningful advice if you can clarify:

- assuming you were born in Hong Kong, when were you born?
- did you register or naturalise as British in Hong Kong? If so, when?
- was your father born in Pakistan? If not, where was he born?
- when did you register as a British National (Overseas)?
- have you always been living in Hong Kong?

This is the Home Office view of Pakistan nationality law:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

http://www.britishcitizen.info has information concerning some other erroneous interpretations of the law on the part of UK officials, so it's important to be very precise with the information you supply.
Hi,

I was born in Hong Kong in 1985, and just turned 22 a few days ago. By birth I was a British Dependent Territories Citizen. I obtained my BN(O) status when they were introduced as I was eligible. This was sometime in the mid 90's i think. I have always lived in Hong Kong.

Both my parents were born in Pakistan but my father has been in Hong Kong since the late 60's and to be fair he's hardly ever gone back to Pakistan. My parents have never registered as UK & Colonies citizens or British Dependent Territories citizens in Hong Kong before 1997.

So as you can see I have spent my literally my whole life in Hong Kong and to be quite honest I have no relationship with Pakistan yet I have no real nationality.

If further information is required please ask. If not what option do I have?Thanks.

BTW those links had some very useful information. It is true that Hong Kong residents with Indian and Nepalese backgrounds are obtaining British citizenship but not people with pakistani backgrounds.
Adz

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: I think i am stateless!!

Post by JAJ » Thu Feb 08, 2007 3:12 am

Adz wrote: I was born in Hong Kong in 1985, and just turned 22 a few days ago. By birth I was a British Dependent Territories Citizen. I obtained my BN(O) status when they were introduced as I was eligible. This was sometime in the mid 90's i think. I have always lived in Hong Kong.

Both my parents were born in Pakistan but my father has been in Hong Kong since the late 60's and to be fair he's hardly ever gone back to Pakistan. My parents have never registered as UK & Colonies citizens or British Dependent Territories citizens in Hong Kong before 1997.
In that case, if your father was born in Pakistan and never naturalised in HK, you were Pakistani by descent as well as BDTC by birth. Apparently Pakistan exempted under 21s from loss of nationality so your acquisition of BNO probably did not impact your Pakistani citizenship.

Hence you can't qualify for registration as a British citizen under the 1997 legislation for Hong Kong, because you were also a Pakistan citizen on the "relevant date" which is 4 February 1997 in most cases.

It is a shame that your father did not become a BDTC before 1997 - quite possible that both of you would be eligible for British citizenship if he had.

So as you can see I have spent my literally my whole life in Hong Kong and to be quite honest I have no relationship with Pakistan yet I have no real nationality.
Incidentally you might have lost your Pakistan citizenship on your 21st birthday. You should confirm this with the Pakistan authorities. If they make this clear then get the confirmation in writing:

You could send a copy of such letter to the Foreign Office as evidence of your right to British consular protection should you ever go to Pakistan.

If further information is required please ask. If not what option do I have?
In the short term, no real options. If you want to leave Hong Kong and obtain a "proper" citizenship (eg British, Australian etc) it's going to depend on your skill profile. Do you have any chance of emigrating to Australia or New Zealand, for example - or might you have in a few years?

If you can get confirmation you ceased to be Pakistani when you turned 21, you may want to get in touch with some campaigners in the UK who have expressed interest in the Hong Kong citizenship issues (eg from the britishcitizen.info website). Now that the UK has accepted the principle that otherwise stateless British nationals should be offered British citizenship, there may some day be a further piece of legislation to tie up the "loose ends" left by the 1997 and 2002 concessions. For example, there is a group of British Overseas citizens in Kenya born between 4 July 1979 and 31 December 1982 who are in pretty much the same position as you.

Don't expect anything to happen soon, however. If you have an opportunity to migrate to Australia, New Zealand, US (green card lottery etc) then you should look hard at it. Obviously if you become an Australian citizen for example, you would never be eligible for British citizenship, but in the circumstances that would probably no longer be important.

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