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Does ABC have ROA?

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  1. #61
    Quote Originally Posted by dossier:
    anyone know what it would have taken in the 1970s in the UK to have become a permanent resident as a BDTC / CoI holder?
    Firstly, BDTCs did not exist in the 1970s, the status was created by the 1981 British Nationality Act which came into effect in 1983. Previously, they were CUKCs (Citizen of the United Kingdom & Colonies).

    In the 1970s, a Hong Kong CUKC would have required a settlement visa to become a permanent resident in the UK. (The right of people from the British colonies to freely immigrate to the UK was removed by legislation in the 1960s.)

    The settlement visa took the form of a special sticker affixed inside the passport, for presentation at a UK port of entry, whereupon the passport would then be stamped with Indefinite Leave to Remain. ILR constitutes 'settled status' - the person can live & work in the UK without any limititations. They can then renew their Hong Kong CUKC passport in the UK. A CUKC with a passport issued in the UK was entitled to right of abode in the UK.

    After 1983, the status of CUKC was abolished and Hong Kong CUKCs became Hong Kong BDTCs (unless they had already acquired ROA in the UK, as UK CUKCs, in which case they became British Citizens.)

    BDTCs had no automatic entitlement to ROA in the UK; to get ROA they would have to apply to become British Citizens by registration after 5 years continuous residence in the UK.

    BDTCs who have settled status in the UK (ie. with ILR), but do not apply to become BC, stay as BDTCs with no ROA.

    Unlike with CUKCs who got ROA when they have their passport issued in the UK, a BDTC passport issued in the UK got endorsed "Holder is entitled to readmission to the United Kingdom" - which is basically like RTL, ie. free to live & work without limitation but may be deportable. An important point to note here is that the 2-year rule does not apply to BDTCs with ILR whose passports are endorsed with "entitled to readmission"; they are entitled to be re-admitted to the UK for settlement as a permanent resident even if they have been absent for over 2 years. Ditto BNO, which replaced Hong Kong BDTC status post-97 (if it was applied for, as most Hong Kong BDTCs did).

    A HK resident with a Hong Kong CoI would need to apply for and be granted a working visa to come to live & work in the UK in the 1970s. After 5 years legal residence, limitations would be cancelled and they have settled status in the UK (but not ROA). Their green Hong Kong CoI, when renewed in the UK, would be replaced by a brown UK-issued CoI. They can also apply to naturalise as a full British citizen (UK CUKC before 1983, or British Citizen after 1983).

    If your parents had no limitations on their ability to live & work in the UK, ie. either ILR or ROA, and were living there, then legally they had settled status in the UK, whether or not they considered themselves to be "settled" abroad.
    Last edited by Elfin safety; 17-08-2009 at 08:28 AM.

  2. #62

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    Appreciate the very comprehensive summary.

    It seems my HK-CUKC parent came on a student entry certificate and subsequently was in the UK long enough to become a UK-CUKC passport holder; initially with "Holder is entitled to readmission to the United Kingdom" and later on replaced with "Holder has the right of abode in the United Kingdom"

    My CoI parent also came as a student and later obtained ILR before subsequently naturalising to a BC


  3. #63
    Quote Originally Posted by dossier:
    Appreciate the very comprehensive summary.

    It seems my HK-CUKC parent came on a student entry certificate and subsequently was in the UK long enough to become a UK-CUKC passport holder; initially with "Holder is entitled to readmission to the United Kingdom" and later on replaced with "Holder has the right of abode in the United Kingdom"

    My CoI parent also came as a student and later obtained ILR before subsequently naturalising to a BC
    Oh I see. If you were born while they were still students & if they had limitations on stay at the time, then it might be that they were not yet "settled", which would have implications on your possible eligibility for a claim to Chinese citizenship.

    Re your HK CUKC parent -- yes... any Hong Kong CUKC who was legally resident in the UK (including as a student) for a continuous period of 5 years before 1 Jan 1983 automatically acquired ROA in the UK at the end of the 5 years. And when the BNA 1981 came into effect, they automatically became British Citizens.

  4. #64

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    Thanks. It was tough to work out, as my parents both have passports full of stamps. They clearly travelled well in those days!

    I was definitely born after they received RoA / ILR, so seemingly no claim to Chinese citizenship on a limitations of stay basis as the rules currently stand.

    A few questions though.....

    a) What were the rules for a CoI holder gaining ILR in the UK back then?

    b) Is anyone familar with the pre-handover HK immigration laws? I'm curious if the determination of Chinese nationality (3 stars) pre-handover was on the same basis as it is now? For instance, were xBCs born abroad pre-handover judged on the same basis re nationality determination as now?

    c) A tougher abstract question: Any views on how HK immigration laws will transition to 2047 and beyond, after the 50 years of One Country, Two Systems is up....?


  5. #65

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    I don't think there is really any plan to what happens in 2047 yet. It'd be very very interesting though....


  6. #66

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    I guess a fairly important question is: Are there any xBCs with only RTL who think they might be missing out in future (or future generations) if they're not recognised as a Chinese national?
    Posted via Mobile Device


  7. #67

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    I think that is just an academic debate, it's kind of impossible to speculate what rights we will or will not have in 2047. China might change a lot in the next 38 years.

    However as the rights of foreigners are almost always limited in most countries, if you are really concerned about it you should naturalize as Chinese.


  8. #68

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    There is always the option to Naturalise, so I dont think it's a big issue, if XBC's with RTL really wanted to become Chinese they can, they just have to renounce their existing Nationality and pass the 7 Year residency.

    As for future generations, make sure your offspring are born in HK or even better make sure your spouse is Chinese.

    You never know you may see mass emmigration like you saw pre-97 before the HKSAR hits its 50th Birthday! You just can't tell what the Chinese Government will do.


  9. #69

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    If you're a non-Chinese RTL and your other half is foreign too, then what rights do any offspring born in HK have...?


  10. #70

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    None, unless one of the parents has ROA at the child's birth. Or one of the parents subsequently gets ROA before the child turns 21.

    Once the child turns 21, he/she loses ROA unless eligible on his/her own right (by living for 7 consecutive years in HK).


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