kingddd

Hi all

I was born in Hong Kong, I obtain British citizenship by naturalisation in the 90s. Can my son apply for a UK passport as British citizenship by descent?

Other info
My wife is Hong konger, She have the HK passport. Used to have a BNO
(My son is 3 and born in HK also, I have been working in HK for 10 years)

thanks for your help

HKG3

kingddd

Did you gain your British Citizenship via the British Nationality Selection Scheme under the British Nationality (Hong Kong) Act 1990? If you gained your British Citizenship due to your parents, then you would be a British Citizen by descent and your son would not be a British Citizen automatically.

If you became a British Citizen by registration / naturalisation based on the five years residence in the UK, it is likely that you would become a British Citizen other than by descent, then your son would be British Citizen at birth.

When your wife accompanies you to the UK, it would be better for her to apply her visa using her BNO passport as it offers a few advantages over HKSAR passport -

1) Able to vote in elections in the UK
2) Can work in the British civil service
3) Gain British Citizenship via 'registration' which is cheaper than the 'naturalisation'

Hope this help and good luck.

kingddd

Tnaks HKG3 for replying.

I didn't take the short cut of British Nationality Selection Scheme Act (not that lucky). I went through the naturalisation stage, went to school, college, University and even work a few years in England before I move to Hong Kong.

the BNO tips really help!!

I am planing to relocate my family to so just want to know which visa route I need to take for my wife and kid. My current job pay well but I don't think I can get similar job offer so on the sponsor requirement I will make sure I have a lot of saving.

JAJ

If you have a Certificate of Naturalisation, then you should be a British citizen otherwise than by descent.

If, on the other hand, you have a Certificate of Registration as a British citizen, then you need to check the certificate to see what section of the British Nationality Act it was granted other. If it says section 4(2) then you also should be British otherwise than by descent.

You should get a British consular birth certificate for the child, as a lifetime proof of British citizenship.
https://www.gov.uk/register-a-birth

kingddd

Thanks JAJ - I know some people skid that to save money but I will get the British consular birth certificate also.

HKG3

A 'family of a settled person' visa is what you need for your wife, please see link below -

https://www.gov.uk/join-family-in-uk/overview

JAJ

Private message received, however for a variety of reasons, I do not respond to case specific private messages. However, it would be recommended to post the details on open forum.

kingddd

thanks for reply JAJ

I just got my cousin to bring the Certificate back from England. I made a mistake, It was a Certificate of Registration under section 3(1) issue in 1992.

It seems that is still British otherwise than by descent base on the info I research but please let me know if I am wrong so I will know which is the correct option to apply.

thanks

JAJ

It's British by descent if your mother or father (with some exceptions for unmarried fathers) was a British citizen when you were born. Or, if you were born before 1983, one of your parents was a Citizen of the U.K. & Colonies and became a British citizen on 1.1.1983 (or would have done, if living).

Otherwise, it's British otherwise than by descent.

So what was your parents nationality/status when you were born?

It sounds unusual for a person from Hong Kong to have British citizenship under section 3(1). The normal route to British citizenship, after 5 years residence in the U.K. with settled status granted, was registration under section 4(2) of the 1981 Act.

kingddd

I was born before 1983, Mother decease when I was small and she was not British. My father took me to England at 1988 where he work. The certificate was issue to me before I turn 18.

I need to double check with my father to see if he got British citizenship before I was born.

BritInParis

If your father naturalised under S.6(1) or registered under S.4(2) and you were then registered under S.3(1) you will have British citizenship otherwise than by descent.

kingddd

Thanks you "BritInParis"

My father is a very careless man and I hope he still have the paperwork after all these years. If he has lost the certificate is there anyway to check?

He was just an ordinary man who work in England for many many years after my mother die. He wasn't rich and he didn't marry to any British woman.

JAJ

If he has a British citizenship certificate, and then lost it, then he needs to replace it. Otherwise he would have problems renewing his British passport if it was lost.

Out of interest, is he ethnic Chinese? If so, then it's likely that he is registered or naturalised British and then you would be British otherwise than by descent. (and hence your child, British by descent).

On the other hand, if he got British citizenship based on his own U.K. born parents or grandparents, then you would likely be British by descent. You would likely still have an option to get British citizenship for your child, but the process will be different.

Starting point is for you to see a copy of your father's British citizenship certificate.

Since you moved to the U.K. in 1988, and became a British citizen in 1992, you had not met the 5 year residence requirement for section 4(2) registration. As a result, the Home Office registered you under section 3(1) when an application was made.

As someone else has said, as long as your father was registered or naturalised as a British citizen in his own right, and your mother was never a British citizen, you are probably a British citizen otherwise than by descent.

HKG3

kingddd

You can get a replacement certificate from the National Archives if the registeration or naturalisation happened before 1 October 1986. Please see link below -

The National Archives | Records | Naturalisation certificates 1949-1986

For certificates issued from 1 October 1986, you can get a replacement from the Home Office -

https://www.gov.uk/get-replacement-c...ip-certificate

Hope the above helps.

kingddd

Hi JaJ and HKG3

You guys has been very helpful

Just as I fear, my father was unable to find his certificate. He is now retired and live in Germany and somehow he was able to renew his passport without the certificate.

He send me his old passport photo all the way back from 1960s but that have no info on which section of national act he was registered. He only remember he became British citizen in 1971. That was before I was born. My parent is ethnic Chinese from Hong Kong. Their parent are also ethnic Chinese who have never been to UK. As he was unmarried he must have been registered or naturalised as a British citizen with a long term work visa. I will try to get him to replace the certificate.

Again thanks you guys