Renounce then Reacquire UK Citizenship

[wang]

I am a British citizen, born before 1983 in the UK, to British parents.

I have been living in Hong Kong for over 14 years. I hold permanent residence here, and my daughters both hold a Hong Kong and UK passport.

For a couple of reasons (the Brexit fiasco, and benefits a HK passport would bring in China), I would like to acquire a Hong Kong passport. The process for this is straightforward, and I have no doubts that my application would not be approved.

As part of the process, I need to be naturalised as a Chinese Citizen, and this will require that I renounce my British Citizenship.

I am also aware that it is possible to regain UK citizenship after renouncing, if the reason for renouncement was that it was a requirement to gain another citizenship. However, renouncing citizenship is not something to be taken lightly, and is clearly not without risks, and there are very few people who are either qualified or willing to provide opinions in a case like mine.

There are 2 main concerns that I would like to have some confidence around before taking the plunge. Firstly, I have a full record of National Insurance contributions, and am on target to receive a full state pension (under the current rules), upon attaining retirement age. Secondly, I would not wish to risk the prospect of retiring back in the UK, as I would undoubtedly receive better medical and social care, than I would in Hong Kong.

So, my questions are - assuming both my renouncement and reacquisition applications were successful, would my National Insurance record remain intact. And secondly, given that the Hong Kong (China) does not recognise dual nationality (although there are countless de-facto cases, including my 2 daughters), would a reacquisition application be successful if it was lodged immediately following a renouncement. What I cannot find, is any information as to how common my situation is, and what are the real risks and consequences (other than my re-aquired UK citizenship no longer being recognised in China and Hong Kong).

Any advice and experience of others would be gratefully appreciated.

[ajitk1]

The only thing for certain is you dont lose your NI contributions viz pension on acquiring another nationality. The other factors involve a lot of risks. If you are willing to take them its your decision.
My uninformed opinion is NO govt will allow a person to renounce and immediately reaquire citizenship. There will be a period of stay in the country that would be required. Also you have to prove intent of settling in the UK as all other applicants do.
This forum is for exchange of information. I dont believe any solicitors or immigration advisers frequent this place so it best to consult an expert in this field.

[wang]

Thanks ajitk1, I'd be very interested in what underpins your opinion on National Insurance, as this is an area that has very little documented precedent and was of greater concern than an ability to reacquire citizenship.

With regards to the immediate reacquisition, while I would be inclined to agree with you, except Section 13(1) and the accompanying notes seem to imply that there is a one-off entitlement, requiring little (if any) evidence other than proof that citizenship was originally held and validly revoked, and documentary evidence that revocation was the only way to gain the applicant's new citizenship; specifically in the form of:

a letter from the authorities of the country concerned (unless it is a British overseas territory) stating that the applicant’s renunciation of British citizenship was necessary in order to acquire or retain that country’s citizenship.

It all seems pretty routine, yet it also has proved impossible to find any accounts of people who have successfully renounced and reacquired citizenship under circumstances similar to mine.

[muraenidae]

I am a British citizen, born before 1983 in the UK, to British parents.

I have been living in Hong Kong for over 14 years. I hold permanent residence here, and my daughters both hold a Hong Kong and UK passport.

For a couple of reasons (the Brexit fiasco, and benefits a HK passport would bring in China), I would like to acquire a Hong Kong passport. The process for this is straightforward, and I have no doubts that my application would not be approved.

As part of the process, I need to be naturalised as a Chinese Citizen, and this will require that I renounce my British Citizenship.

I am also aware that it is possible to regain UK citizenship after renouncing, if the reason for renouncement was that it was a requirement to gain another citizenship. However, renouncing citizenship is not something to be taken lightly, and is clearly not without risks, and there are very few people who are either qualified or willing to provide opinions in a case like mine.

There are 2 main concerns that I would like to have some confidence around before taking the plunge. Firstly, I have a full record of National Insurance contributions, and am on target to receive a full state pension (under the current rules), upon attaining retirement age. Secondly, I would not wish to risk the prospect of retiring back in the UK, as I would undoubtedly receive better medical and social care, than I would in Hong Kong.

So, my questions are - assuming both my renouncement and reacquisition applications were successful, would my National Insurance record remain intact. And secondly, given that the Hong Kong (China) does not recognise dual nationality (although there are countless de-facto cases, including my 2 daughters), would a reacquisition application be successful if it was lodged immediately following a renouncement. What I cannot find, is any information as to how common my situation is, and what are the real risks and consequences (other than my re-aquired UK citizenship no longer being recognised in China and Hong Kong).

Any advice and experience of others would be gratefully appreciated.

Eligibility for state pension does not depend on citizenship (non-British people are eligible if they've worked here), so I don't see why anything should change if you renounce your citizenship.

It does look like you would be entitled to registration after renunciation. Do you fulfil the good character requirements?

Also, would Hong Kong issue a letter saying you were required to renounce your citizenship for this reason? After all, they don't want you to have another citizenship?

[muraenidae]

Oh, also - as Hong Kong does not allow dual citizenship, wouldn't re-acquiring British citizenship make you automatically lose the Hong Kong/Chinese citizenship? I know this is the case with "normal" Chinese citizenship - not sure if there's an exception for Hong Kong - and several other countries.

[wang]

It's not a de jure exception, there is widespread recognition that a sizeable proportion of Hong Kong passport holders have an additional citizenship. If I hold Hong Kong/Chinese citizenship, they will not recognise me or afford me any rights I may otherwise have as a U.K. citizen when on Chinese soil.