Eligible for British Citizenship by Descent?

[sdragonj]

Hi All,

I am from Hong Kong. My father acquired British Citizenship through British Nationality Selection Scheme in 1990s, so he is a British Citizen otherwise than by descent. There is a bit tricky in my case. I was born exactly 1 day before the actual date stated on my father's Certificate of Registration.

i.e. assuming I born on 2nd January 1991, the Certificate of Registration is dated as 3rd January 1991.

In terms on what HMPO stated I can only acquire citizenship if my father is a British Citizen at the time of my birth, which clearly now it won't be.

Is there anyone have the similar case like me, will I be able to get British Citizenship?

My parents are married.

[JAJ]

Is there a reason why an application wasn't made for you to be registered as a British citizen under the 1990 legislation? (after you were born). The law allowed dependents of those successful in the British Nationality Selection Scheme to be registered as British citizens by descent.

[sdragonj]

This is basically my parent's fault that they didn't register me after I was born. Totally no specific reason, it is just they didn't register.

[JAJ]

If you were born before your father became a British citizen then you can't automatically be a British citizen by descent and it's not open to register under the 1990 Act. The history and detail of the 1990 Act is in this Home Office document (pages 23-32) and the deadline for section 1(4) applications was 31 December 1996.
https://www.gov.uk/government/uploads/s ... atacts.pdf

If you're not a citizen of any other country you may have options to register as a British citizen under other special provisions for British nationals from Hong Kong. British Nationals (Overseas) who are ethnically Chinese mostly hold Chinese-HKSAR citizenship and hence are ineligible.