What are my rights?

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  1. #21

    Join Date
    May 2008
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    Canada
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    The thing is, you might have been British without knowing (it doesn't matter if you actually held a BDTC passport or not). And having that status while having HK belonger status would land your ROA.

    BDTC for HK no longer exists, but BDTCs had ROA, and continue to have it after the handover... unless they lost it and get downgraded to RTL.


  2. #22

    Join Date
    Oct 2008
    Location
    London
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    But I think if that were the case, and as South Africans holding settled status in Hong Kong we were automatically classed as British citizens, then surely that would stand even after we left HK and especially when we came to Britain? At the moment we are in the process of getting Indefinite Leave to Remain, with the ultimate aim of obtaining British citizenship and passports. If we had British citizenship in HK, I am sure this process now would be much easier and shorter than it is...

    and I just found this:

    "Article 14 of the subsequent Nationality, Immigration and Asylum Act 2002, stated specifically that a person may not be registered as a British overseas territories citizen by virtue of a connection with Hong Kong."
    But then I also found this:
    "[The British Nationality Act 1981] that those who have CUKC (Citizenship of the United Kingdom and Colonies) in connection with Hong Kong or those born in Hong Kong on or after 1983 by a parent settled in Hong Kong are BDTC."
    South Africa is a commonwealth country, both my parents had settled status, and I was born in 1985.

    Ok. I am really confused now!

  3. #23

    Join Date
    Oct 2008
    Location
    London
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    Actually ignore what I said at the top of the last message. Irrelevant.


  4. #24

    Join Date
    May 2008
    Location
    Canada
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    779

    I did not mean full British citizenship. I meant it was just possible you could have been a British subject associated with Hong Kong at the time, based on your birth to parents that were settled in Hong Kong and based on the laws at that time.

    Whether you are or not might take a little researching though... as to what "settled" is.


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