fiance born HK BC 1979. Relationship outside the rules/part of asylum application

[fergus0n]

Hi, This is my first post.. so hope I'm doing things right and posting under the right topic.Apologies for any mistake in that regard. I've been using the forums and finding the info on them so helpful but need help with our individual situation. Thank you for the existence of this !

My fiance is currently in the UK and had a failed LTR. He came to the UK on a visa in May 2016. He's in quite a unique situation having been born in Hong Kong in 1979 (British Citizen and non ethnically Chinese) and still has his original, expired British Hong Kong passport. He has lived the majority of his life in China (until age 10), Morocco and France. His parents are both from Cameroon so he holds a Cameroonian passport.

He has lived a short time in Cameroon with his family, however they had to flee Cameroon when he was age 10 due to threats from his father's family, after his father's death. He does not want to return to Cameroon due to this and the unstable political situation there. As an English speaker he would be in the minority and risk persecution (Cameroon is on the verge of civil war). He has no strong cultural links to Cameroon and in fact has very strong cultural links to Europe.. he speaks fluent French and English as well as Mandarin and Spanish. His mum and sisters all live in France and he has been living with me for 7 months (relationship has been going on for 9 months).

He initially came to the UK to see if his Hong Kong passport, being his first passport, could give him British Citizenship. This was declined and, with legal advice, put in a LTR request. (this is prior to meeting me). As a result of this process he overstayed his visa. The Home Office recently declined his case saying he had no links to the UK/no reason to not return to Cameroon. As he hadn't put an asylum claim in they did not regard his situation there to be serious enough. He did return to Cameroon for 2 years, after living in France, which went against him too. They also said since he still had a grandmother there, he could return. (she is 86 years old).

Judicial review as been denied so we are at the stage where he needs to decide on how to proceed. It has been suggested that he puts in an asylum case or a case based on our relationship. If he puts in an asylum case he can mention our relationship within that.

We realise that the relationship does not meet the immigration rules at the moment and are obviously concerned about this. We're also concerned that the asylum case could be denied as he has lived in Cameroon since fleeing as a child. However we believe his case is complex and with the right advice we have a chance of success. There are strong reasons why he shouldn't have to go and live in a country far away from his family (including me), leaving the culture he knows behind, and risk persecution; especially considering he was actually born with a British overseas passport.

One thing we have been trying to look into is whether he could renew his Hong Kong birth passport to BNO and whether this would give him travel rights to stay in the UK so we can sustain our relationship .. and meet the immigration rules further down the line.

We just feel so confused right now and unsure of the possibilities that have been offered to us. Any help would be much appreciated! Thanks !

[secret.simon]

He's in quite a unique situation having been born in Hong Kong in 1979 (British Citizen and non ethnically Chinese) and still has his original, expired British Hong Kong passport.

He would not be a British citizen. He would have been a CUKC in 1979, then a BDTC in 1983. Had he continued to reside in HK, he could have registered as a BNO before 1997 (the return of Hong Kong to Chinese rule). But if he had not registered by then, I believe that he lost any form of British nationality after July 1997.

His mum and sisters all live in France

He has lived the majority of his life in China (until age 10), Morocco and France

I can appreciate that he may be unable to return to Cameroon, but if he has lived in France and has family in France, why can he not (and why hasn't he already) claim asylum in France?

[fergus0n]

Thanks for replying - and so quickly! I suppose he wanted to see the options for the birth passport route first. He'd been told he could get it renewed (now I know this was incorrect). Can he still renew it as a British Overseas passport? He is looking into getting French nationality as his family have it, but is unsure how he can do this from the UK, as an over-stayer. He also feels like he's made his home here with me and doesn't want to have to leave for France. .. it may be his best option though.

[fergus0n]

apologies! - realise you answered the BNO question ! it's just I came across an article saying it was possible to renew it as BNO, even if it expired years ago. https://www.british-consulate.org/bno-r ... -kong.html

[secret.simon]

apologies! - realise you answered the BNO question ! it's just I came across an article saying it was possible to renew it as BNO, even if it expired years ago. https://www.british-consulate.org/bno-r ... -kong.html

Your fiancé was never a BNO. He could only become a BNO by registering with the British authorities in Hong Kong in specified timeframes before July 1997. If he did not register as a BNO, he lost his British nationality when Hong Kong reverted to Chinese rule.

Your fiancé was born a CUKC, then a BDTC from 1983 till 1997, unless he has proof that he was registered as a BNO.

He also feels like he's made his home here with me and doesn't want to have to leave for France. .. it may be his best option though.

Immigration and nationality laws are not built around feelings. They are much harder, colder, impersonal and grounded in fact.

I do not see any prospect of his getting asylum in the UK, given that he is not fleeing from Cameroon. He has resided in France, speaks fluent French and has family there. It stands to reason that he would be much better off applying for immigration to France.

Of course, you could consider moving to and settling in France before Brexit.

[fergus0n]

Thank you again. It's good to hear such a straight answer. Now we can put the idea of a BNO to bed and concentrate on a valid option. Ive been worrying about this aspect for weeks now.. and becoming more and more confused. You've cleared this up in an evening.. so appreciated!