Seeking help on Registering my child as BC

[jerrychoi]

I am really confused and appreciate if some of you could share your opinions on my case.

I am a ordinary Hong Kong citizen and my wife, acquired British Citizenship by descent through the British Nationality (Hong Kong) 1990 Act, that her father registered as citizen otherwise by descent from the same Act.

In 2011, we gave birth to our child in Hong Kong and from the British Nationality 1981 Act, section 3(2) may apply in our case to registering our child as citizen in fulfilling the followings criteria:

- One of the parent is BC by descent
- The child's grand parent is BC otherwise by descent
- That parent is BC by descent has lived in the UK for 3 years
- That the child is below 18

We fulfilled the requirements of the abovementioned and yet, when i search the relevant form from the Border Agency, Form MN1 should be used...the point is that, when i read the guidelines on Form MN1, it indicates that the form should not be used for child born in Hong Kong.

Going further, Form EM should be used but I found that such may be irrelevant to my case.

thus, my question is, on the circumstances stated...which Form should I use and how should I do to register my child as BC, if eligible at all.

Many thanks.

Jerry Choi

[Jambo]

Form EM should be used if you wish to register the child under British Nationality (Hong Kong) Act 1997. In your case you wish to register the child under section 3(2) of BNA 1981 so MN1 is the correct form to use.

Whether the child can also register under the BNA (HK) 1997 is something I can't answer as I'm not familiar with it.

[jerrychoi]

many thanks Jambo.

I believe 1997 Act is not applicable in my case.

But how about the Form MN1....? as it states that it does not cover child born in Hong Kong after 1997...

[Jambo]

The guide might not be very clear. What it means is that you can't use the form if applying under 1997 act but you can use the form is applying under BNA 1981 (even if born in HK).