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BC by descent applying for first adult UK Passport

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  1. #21

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    Jun 2017
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    Quote Originally Posted by waiming:
    provided that you were married to his mother.
    Clarification: Back in 2001, fathers could normally only pass on British citizenship to their child if they were married to the mother. But mothers could pass on British citizenship to their child whether or not they were married. (Either way you had to be a British citizenship otherwise than by descent). This rule changed for children born after 2006 to something less sexist.
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  2. #22

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    Jul 2020
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    Dear all, thank you for your information!

    Hello waiming, I applied for the 1990 Selection Scheme by myself as an adult. I was the principle applicant of my family and I was awarded the “Cert of Registration as a British Citizen, British Nationality (Hong Kong) Act 1990” . On my certificate, it indicates “ Section 1(1)”. So, I should be a BC Otherwise by Descent.

    I am a mother, so my son borned in 2001 should be automatically acquired British citizenship by descent.

    Since he is already a BC, I do not need to register him to become a BC, I think.


    I am really quite confused by what the solicitor told me yesterday. I think my case should be quite standard, I don’t think there are different types of BC Otherwise by Descent? Thanks for resassuring me that she may be wrong.


    Hi all,
    So it seems that there is no such rule that a BC by descent cannot apply UK passport after he turns 18, so I can still apply the British passport for him (/us).


    I hesitate before applying for the UK passport because of some “silly” reasons:

    (a) I am worrying that is there any possibility that China will revoke the dual nationalities right for the Hong Kong people suddenly one day? If so, those with dual nationalities may need to decide whether to maintain one nationality and cancel the other IMMEDIATELY? However, if I do not possess a Passport but just keep a Cert in my drawer, then I may decide whether to proceed to “realize” the UK nationality and abandon my HK citizenship according to my own time schedule then? I know China officially do not allow dual nationalities in its mainland.
    (But at the same time, China said they do not recognize the British nationality gained thru this 1990 Selection Scheme, so, I will not be considered as dual nationalities even if I get the UK passport?)

    (b) As I have only one certificate to proof my status, I am worrying in case it is lost (although chance is little) when I mail it to UK during the process I apply for the UK passport. If so, does UK HM has my status information and can reissue a Replacement copy to me then?
    Or better if I can apply for a Duplicate official copy of my BC Cert first before starting the passport application process?
    Or is there anywhere I can make a Certified true copy of my Cert beforehand?


    I will proceed to try to ask the UK HM Passport Office now(there is a eform for enquiry in their web site) for a confirmation of our eligibility for the passports, and whether a duplicate / replacement copy possible for my BC Cert issued thru Act 1990. Or, to see whether I can contact the British Consulate General Hong Kong too.


    Thank you all for your help and the links provided here!

    Last edited by Pana; 05-07-2020 at 06:43 PM.

  3. #23

    Join Date
    Feb 2019
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    Uk-based immigration lawyer my wife has worked with in the past: https://www.facebook.com/ukvisapartn...0576814271130/


  4. #24

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    Jun 2017
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    Hi Pana, that's correct. Your certificate of registration indicating section 1(1), together with your son's HK birth certificate naming you as the mother, is enough to prove he is a British citizen by descent. He need not register as a British citizen. He can apply for a British passport at any time. I suggest he go right ahead and apply for the passport directly, assuming he'd like one now.

    China does not recognise dual citizenship, but does explicitly allow Chinese nationals who are HK residents to hold foreign passports "for the purposes of travelling to other countries and territories": https://www.basiclaw.gov.hk/en/basic...text_doc16.pdf
    . Obviously it is possible China could change that rule one day. But right now it is specifically permitted (not just quietly tolerated).

    You can order a replacement registration certificate if it's lost. But that's very expensive (£250). https://www.gov.uk/get-replacement-c...ip-certificate

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  5. #25

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    Nov 2019
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    As you are aware China doesn’t recognise Dual Nationality.

    https://www.immd.gov.hk/eng/services...eral_info.html

    If you want to be regarded as a Foreign National you need to make a voluntary declaration to the HK Immigration Department of your Foreign Passport Status when you enter HK, otherwise China regards you as Chinese and not entitled to Foreign Consular assistance as you are regarded as Chinese.

    SCMP Dual Nationality in China:-

    https://www.scmp.com/news/china/poli...as-covert-dual

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  6. #26

    Join Date
    Nov 2019
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    This is a reply from the British Consulate:-

    While we appreciate you have contacted us directly to obtain a clear and prompt answer to your enquiry, you will need to contact UK Visa and Immigration (UKVI) Nationality Contact Centre about the matter. Should you require additional guidance after reading the information we will provide you with below, please refer to UKVI as they are the sole competent authority who can help you.


    To check if you are a British national and for information about getting British nationality for you, or for someone else, please visit the following links:

    https://www.gov.uk/check-british-citizen

    www.gov.uk/becoming-a-british-citizen

    You can email the UKVI Nationality Contact Centre via:

    [email protected]

    Alternatively, you can contact the Nationality help line on: +44 (0)300 123 2253.
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  7. #27

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    Jul 2020
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    12

    Thank you for your very clear explanation, I am much more relief now!


  8. #28

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    Jul 2020
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    Thank for the information on Dual Nationality, I need to see whether I should get a passport or not after confirming on my sons's eligibility for it.


  9. #29

    Join Date
    Jul 2020
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    Thank you so much for your help! So I can email the UKVI for enquiry. You are all so nice