Nationality? Which country do i belong to?

[slink]

I am Hong Kong Chinese. I came to the UK in 1983. I missed the deadline to apply for British Citizenship when China took HK back in 1997 and now I can't get either a UK or Chinese passport. I am have been with my partner for 19 years, 9 of which as a married couple. Now I'm in Limbo. Without proper documentation - no employment! Any advice

[cs95tdg]

I can understand why you couldn't get a British passport, in that you missed the deadline to apply when HK rule was taken over by China. But doesn't that mean that you are now a Chinese national & therefore are entitled to a Chinese passport? I'm not aware of Chinese Immigration regulations, so please correct me if wrong and explain.

Independent to the above, what is your current immigration status in the UK? Please provide some background information on your immigration background since you first entered the UK in 1983 to enable others to comment further.

Note also that this is probably not the best forum for this post... From what I can see the General UK immigration forum looks to be the best option.

[slink]

Hi, thanks for replying to my post.

I have posted this subject on the UK Immigration Forum as well but under this post, seems to create more interest.

I entered the UK in 1983 from Hong Kong to join my father who was already here. When I entered the UK, my British HK passport was stamped "Indefinite leave to reman". I have been in employment ever since I was old enough to work. I am married to a Uk citizen and have been with her for 19 years, 9 of those years as a married couple.

My passport was renewed 4 years after entering the Uk and didn't have a problem.

Although my passport expired many years ago, i didn't have the need to apply for a new one due to circumstances in life. The reason I posted this subject is because I just need help and guidance to get this mess sorted out. Hoping someone out there has had a similar experience and can point me in the right direction.

Alex

[republique]

Hi, thanks for replying to my post.

I have posted this subject on the UK Immigration Forum as well but under this post, seems to create more interest.

I entered the UK in 1983 from Hong Kong to join my father who was already here. When I entered the UK, my British HK passport was stamped "Indefinite leave to reman". I have been in employment ever since I was old enough to work. I am married to a Uk citizen and have been with her for 19 years, 9 of those years as a married couple.

My passport was renewed 4 years after entering the Uk and didn't have a problem.

Although my passport expired many years ago, i didn't have the need to apply for a new one due to circumstances in life. The reason I posted this subject is because I just need help and guidance to get this mess sorted out. Hoping someone out there has had a similar experience and can point me in the right direction.

Alex

What passport was renewed? That would be your nationality. You don't lose nationality if your passport expired. You just can't travel on it.

[slink]

Hi republique. thanks for replying to my post.

The first page of the Passport I renewed then stated
British
British Dependent Territories Citizen
Hong Kong

And the front of the Passport
British passport
United Kingdom of Great Britain and Northern Ireland

[slink]

when I spoke to the Passport office they referred me to the Chinese Embassy. but the Chinese Embassy referred me back to the Passport office.
I am confused and very lost of my Nationality Status. I welcome all members from this forum any advise or comment.

[Directive/2004/38/EC]

when I spoke to the Passport office they referred me to the Chinese Embassy. but the Chinese Embassy referred me back to the Passport office.
I am confused and very lost of my Nationality Status. I welcome all members from this forum any advise or comment.

What exactly did the passport office say?
What exactly did the Chinese embassy say?

I would suggest you contact your MP. Ask them to contact the Home Office on your behalf

[ca.funke]

...The first page of the Passport I renewed then stated
British
British Dependent Territories Citizen
Hong Kong

And the front of the Passport
British passport
United Kingdom of Great Britain and Northern Ireland

BDTCs solely connected with Hong Kong lost that status on 1 July 1997 upon transfer of sovereignty to the People's Republic of China.
(...)
Those who did not have PRC citizenship (or any other nationality) and who had not registered as British Nationals (Overseas) became British Overseas citizens on 1 July 1997.

Thus I´m pretty sure (but still only guessing) that you are a British Overseas citizen, see >>wikipedia<< and >>UKBA<<

...I am have been with my partner for 19 years, 9 of which as a married couple...

You spent all that time since in the UK? In this case you should probably qualify to apply as a "normal" British Citizen anyway!

Rgds and good luck!
Christian

[slink]

Hi Directive/2004/38/EC
Passport Office said because I've missed the deadline to register to become a British Citizen due to the fact Hong Kong hand over back to China with all rules and regulations has changed as a result. I have speak to the Chinese Embassy. and when I did speak to the Chinese Embassy they told me I should get back to the passport office to sort it out. the reason for that was giving the length of time I have lived and work in the UK. and the way I entered into the UK I should be British rather then Chinese.

[Directive/2004/38/EC]

You can apply to UKBA for confirmation that you are a British citizen I believe. And as pointed out you might be able to naturalize to be British if you are not already.

Also contact your MP!

[slink]

Thanks ca.funke and other members
I am genuinely pleased with the advice and pointers from you guys.
And please do reply to my post if anyone have any kind of advice.
Kind Regards
Alex

[Directive/2004/38/EC]

http://www.ukba.homeoffice.gov.uk/sitec ... ide_ns.pdf

[mastermind]

When I entered the UK, my British HK passport was stamped "Indefinite leave to reman".

Hm... Regardless of whatever deadlines you have missed, aren't anyone who lived in the UK for at least a year with a time-unrestricted immigration status (like IRL) eligible to apply for nationality via naturalisation? (might be useful if you are not eligible via other routes due to that missed deadline).

[Jambo]

When I entered the UK, my British HK passport was stamped "Indefinite leave to reman".

Hm... Regardless of whatever deadlines you have missed, aren't anyone who lived in the UK for at least a year with a time-unrestricted immigration status (like IRL) eligible to apply for nationality via naturalisation? (might be useful if you are not eligible via other routes due to that missed deadline).

No.

One year after ILR is one requirement but there are other residential requirements such as residence for 3 years (if married to BC) or 5 years (if not married to BC).

[mastermind]

Anyway it looks like that the OP would not have a problem satisfying these residency criteria.

[slink]

Hi, thanks for everyone's input on my post. I've been busy digging around to find answers/solutions regarding my ILR. Thanks to the link from this Forum i actually been given a number (0870 606 7766) for the Home Office Helpline and have managed to speak to a real person. After the lengthy conversation I explained to the person on the phone from the Home office and straight away he knew exactly what i needed to do. Apparently my ILR is for life not just for the length of time of my passport and I was guided all the way through the whole process to find the DPU SAR form. All i need to do is fill in the form, provide a copy of my old passport which I originally used to enter the UK, one of my utility bills to prove who i am and my current address plus a £10 postal order or cheque and I will receive a letter or some sort of document for my ILR to enable me to get employment.
Regarding my passport, my Nationality status I am still undecided what to do at this moment in time due to the fact that I have got options i.e. long stay residency and my marital status (married to a British Citizen) but whichever option i choose it will cost me a huge amount of money, I will get that sorted at a later time once I get my finances sorted.
Thanks once again to everyone who replied to my post. I am forever grateful and P.S. I will update this post with my progress.

kind regards

Alex

[Directive/2004/38/EC]

Thank you for the feedback. And glad it is sorted out.