Hong Kong belonger status

[HKHK154]

Citizenship by Descent

Prior to 1983, as a general rule, British nationality could be transmitted from only the father, and parents were required to be married.

Children born in Commonwealth countries or the Republic of Ireland could not normally access British nationality if the father was British by descent.
Those born in non-Commonwealth countries of second and subsequent generations born overseas could be registered as British within 12 months of birth. However, many such children did not acquire a UK Right of Abode before 1983 and hence became British Overseas citizens in 1983 rather than British citizens.

On 8 February 1979 the Home Office announced that overseas-born children of British mothers would generally be eligible for registration as UK citizens provided application was made before the child reached age 18. Many eligible children were not registered before their 18th birthday due to the fact this policy concession was poorly publicised. Hence it has been effectively reintroduced by the Nationality, Immigration and Asylum Act 2002 for those aged under 18 on the date of the original announcement.
With effect from 30 April 2003, a person born outside the UK to a British mother (who was born or naturalised in the UK) may be entitled to register as a British citizen by descent if that person was born between 8 February 1961 and 31 December 1982. [Does not apply as its after 1997, AFAIK]However those with permanent resident status in the UK, or entitled to Right of Abode, may instead prefer to seek naturalisation as a British citizen which gives transmissible British citizenship otherwise than by descent.

History of British nationality law - Wikipedia, the free encyclopedia


I think if you were born in 1983 instead of 1980 then your situation would be different though because she would have become a BDTC and you would have been able to obtain it from her at birth.

OR if you were born in the UK or another area like Bermuda or Gibraltar or the Falkland Islands or something you'd be fine.. but not Canada.

OR if HK was still a British territory you could claim it under the 2003 rules. (Which is a useless bit of info)

DOUBLE CHECK THIS, THOUGH.

[IceEagle]

Citizenship by Descent

Prior to 1983, as a general rule, British nationality could be transmitted from only the father, and parents were required to be married.

Ah, now I understand. So OP can't have inherited CUKC or BDTC from the mother, even though she had this status herself when OP was born.

I think if you were born in 1983 instead of 1980 then your situation would be different though because she would have become a BDTC and you would have been able to obtain it from her at birth.

OR if you were born in the UK or another area like Bermuda or Gibraltar or the Falkland Islands or something you'd be fine.. but not Canada.

OR if HK was still a British territory you could claim it under the 2003 rules. (Which is a useless bit of info)

DOUBLE CHECK THIS, THOUGH.

I looked at the wiki at British subject - Wikipedia, the free encyclopedia and it is confusing.

The link that Hairball supplied seems to imply to me that the new law considered Commonwealth citizens the same as British subjects (as this was the case before the BNA act came into force in 1983 and redefined the term), but on the other hand Canada dropped the term British subject before this, in 1977.

So, if what counts is that the UK considered all Commonwealth citizens to be British subjects before 1983, then OP was one and had Hong Kong Belonger status and can now get RTL.

However, if the UK for some reason considered Canadians to no longer be British subjects after Canada's nationality law changed this in 1977, then OP wasn't one at birth and can't get RTL now.

If these circumstances applied to me, I'd just apply and see what happened. As one ImmD person told me, "Even though I think you are not qualified, you still have the right to apply for it."

[HKHK154]

Well from wiki

1949 to 1982

....
However, CUKCs, in common with citizens of other Commonwealth countries[citation needed], also retained the status of British subject. From 1949, the status of British subject was also known by the term Commonwealth citizen, and included any person who was:

• a citizen of the United Kingdom and Colonies;
• a citizen of any other Commonwealth country; or
• one of a limited number of "British subjects without citizenship".

Citation needed but it seems like the UK considered Canadians to be British Subjects even if Canada didn't. I had a good dig around but I couldn't find much other stuff on this subjects.

Edit: confused myself now.

If you were considered a British Citizen by the British government (which seems to be the case according to the limited info I can find on Wiki) then by the Hong Kong belonger status which says:
(iv) a British subject married or who had been married to, or was a child of, a person mentioned in sub-paragraph (i), (ii) or (iii);”." and doesn't mention male or female then it seems like you could get it.

I don't really get why the Belonger status differs from CUKC law? was that belonger status legislation in place when you were born? I've only had 2 hours sleep though, so forgive me for being confused.

[gnaij]

Text of relevant legislation is found at the end of this document: http://www.legco.gov.hk/yr98-99/engl...../2496e01.pdf , http://www.legislation.gov.uk/ukpga/...ntents/enacted , and British Nationality Act 1981

Belonger status and citizenship status are different but related issues. Citizenship status was conferred by the relevant UK nationality laws: BNA 1948 and BNA 1981. Belonger status was conferred by the Hong Kong Immigration Ordinance. Hong Kong belonger was renamed Hong Kong Permanent Resident in 1987.

[Striker317]

Hi everyone

To follow up... I went through the VEPIC process and got the final assessment from HKIMM...

I am a HK Belonger
I had ROA on the handover date
I didn't fulfil the transistional requirements for a non-Chinese Permanent Resident
I lost ROA and gained RTL.

Hope that helps someone else in the same situation.