Enquries on Registration as a British citizen

[yingflora]

I just realized there is a new policy for a holder of British National Overseas (BNO) can apply british citizenship if I don't hold any other nationality. So, I would like to know if I am eligible or not if I have a HKSAR passport according to this

If you are a British National (Overseas), you must not, since 19 March 2009, have:
• renounced any citizenship or nationality; or
• voluntarily given up any citizenship or nationality; or
• lost through action or inaction any citizenship or nationality.

I was quite confusing as they have stated since 19 March 2009, is that mean if I have apply my HKSAR passport before that (somewhere around 2006 -2007), which means I am eligible on this condition. I hope you could help me on this.

[carang]

it doesn't matter if you have APPLIED for an HKSAR passport, what matter is whether you are ELIGIBLE or not.

if you are eligible for an HKSAR passport, then you CANNOT apply for british citizenship.

you have an HKSAR passport, you CANNOT apply for british citizenship.

the idea of this law is that people living in places like hk, will not be stateless (not eligible for ANY other citizenship) if they cannot attain it where they have taken permanent residence.

ie> ethnic minorities who are NOT eligible for HKSAR passport, even though they were born here and are no longer eligible for passports from their "home" country ("home" in quotations because how can it be their home if they were born & raised here and have made HK their permanent home)... some countries allow you to "pass" your citizenship onto your children even if the children were not born in that country.

ex. my father was born in the UK. even though i've never stepped foot on UK soil, i have a full british passport and citizenship because my father was born there...HOWEVER, if i want MY children to have a UK passport, they MUST be born in the UK... i cannot pass MY uk citizenship onto my children if they are born outside of the UK...

IF this holds true for other nationalities, ie indians, pakistani, nepalese etc... some of whom have lived in hk for many generations, the children would NOT be eligible for their anscestral nationality because they were not born in the country.... they are also not eligible for HKSAR passports, they are not chinese (there are very few exceptions to this rule)... therefore, if they hold a BN(O) passport, THEY could "upgrade" it to full british passport, because without it, they would be "stateless"...

does that make more sense to you or am i confusing you more?

[Hairball]

If a person is born in Hong Kong and would otherwise be stateless (i.e. can't get parents' nationality) then he/she would be a Chinese citizen.

What the OP mentioned will mainly apply to minorities in HK, they may be able to get full British citizenship if they wouldn't have any other nationality. But of course the next generation will have the same limitations as any other British citizen in passing it down to their children.

[carang]

sorry, my mistake regarding the chinese citizenship/statelessness etc...

thanks for the correction, hairball!

BUT... if that is the case, then why would the uk gov't introduce this "change to british citizenship"...if all of the ethnic minorities born in hk would automatically be chinese citizens then wouldn't that eliminate the need to alter the BN(O) citizenship to full british citizen?

what am i missing?

[Hairball]

sorry, my mistake regarding the chinese citizenship/statelessness etc...

thanks for the correction, hairball!

BUT... if that is the case, then why would the uk gov't introduce this "change to british citizenship"...if all of the ethnic minorities born in hk would automatically be chinese citizens then wouldn't that eliminate the need to alter the BN(O) citizenship to full british citizen?

what am i missing?

I don't know the exact rules, as it's complicated as hell. But if had some other citizenship you probably couldn't get British citizenship through BNO that way.

[PDLM]

If a person is born in Hong Kong and would otherwise be stateless (i.e. can't get parents' nationality) then he/she would be a Chinese citizen.

True now, not true before 1997. Hence the problem of people born before 1997 who were only BN(O) with no entitlement to anything else. It is these who are able to upgrade to full British Citizenship.

[PDLM]

I couldn't find the link the other day, but now I came across it whilst looking for something else!

Section 4B British Nationality Act 1981

describes the recent changes to the law allowing certain (non-Chinese) BN(O)s to apply for full British Citizenship.