whizkid

Hi,

I'm getting married in October and looking for some first hand-advice in applying a visa for my soon-to-be spouse after I get married.

I'm a British Citizen earning close to £30,000. My fiance was born and currently lives in Hong Kong (non-Chinese) and holds a Pakistani Passport. Her father and siblings all hold British Passports (not BNO) and her mother hold's a Pakistani Passport.

She's also eligible for a HKSAR passport which she applied for in June 2015. There's two stages of application of HKSAR; Stage 1 is a pre-screening measure which allows the immigration officers to check whether the applicant is eligible based on evidence and circumstances provided, that was successful. With stage 2, my fiance submitted further documentation and has yet to receive a reply from the immigration office, the stage 2 paperwork was submitted beginning of Aug 2016.

As for me, I have been in consistent employment for the last three years with all my wage slips. I've lived in the UK for 16 years, also done my bachelors degree here. I live in a 7-bedroom house with my parents (owned by parents outright) with no criminal record whatsoever.

Recently, I also learned that she needs to do IELTS Life Skills A1 Test. Earliest date I got is Sept 2016, the next available date was Jan 2017 . Having studied in International schools, she speaks great English and should pass with flying colours.


I just need some help in what actions to take after wedding in applying for Visa and how long should the process take?

She'll be applying from Hong Kong.

Would she need to book tickets prior to applying, etc...?
What else do I need to show as proof (or submit)?
Do the UK GOV need to see conversation/chat logs to verify that our relationship is genuine and not just an attempt to gain entry to UK?
Can anyone help me with some personal experiences and/or other information, the GOV.UK website doesn't really offer a great deal of information.

BritInParis

Before we go any further is there a particular reason why her father and siblings are British citizens and she is not?

whizkid

I believe its something to do with British Rule in Hong Kong. Not sure of the exact specifics, but during 1997-1999 (i think) the British Embassy allowed many people living in Hong Kong to register as british citizens.

The younger siblings of my fiancée got it because of the father. My fiancée (born Sept 97), I think she wasn't eligible for some reason then, hence she opted for the mothers nationality.

BritInParis

I would check your fiancée's father's British citizenship certificate. If he was registered under S.1(1) of the British Nationality (Hong Kong) Act 1990 before your fiancée was born and he was married to your fiancée's mother at the time of her birth then your fiancée should be a British citizen and needs only to apply for her British passport.

whizkid

I have attached the citizenship cert of fiancée's father. The citizenship certificate was granted on 24th March 1998; fiancée born in Sept 1997. Both parents were married at the time.

Both, my fiancée and her father were born and been residents of HK their entire life.

Does that mean she could register as British Citizen?

mikelincs

Yes, her father was a British Citizen other than by descent, so he could pass that citizenship to all his children, no matter where they were born, see post #4 by BiP, she just needs to apply for her passport, so she does not need a visa to move to the UK.

whizkid

Even though she is above 18, independent adult?

Also, her father went to the embassy while back and spoke the consulate staff in HK, they said its not possible and they are not taking anymore applications.

Also, I've been told that when the child exceeds the age of 18 and if the child does not take father's citizenship, then she is not eligible. In our case, the consulate advised that they are not accepting anymore applications, hence the father didn't bother formally applying.

mikelincs

She was a British Citizen at birth, so yes she can just get a British Passport, there afe proably thousands of people living in the UK who do NOT have passports, that doesn't mean they can't just get one if they need to.

whizkid

Apologies for confusion.

I'm not clearly understanding as to how she's a British Citizen at birth?

She was born (Sept 1997) before the father actually got his British Citizenship certificate (24 Mar 1998). So father got the citizenship later.


If she's eligible then why would the British Consulate say its not possible (verbally, we didn't actually physically put an application, they didn't allow us to)

HKG3

In order to register as a British Citizen under the British Nationality (Hong Kong) Act 1997, the applicant must be a British National (Overseas) or British Overseas Citizens. Since your wife was born after June 1997 and she got Pakistani citizenship, she does not meet the requirement of this Act.

The OP should know that in order for his wife gets the HKSAR passport, she will need to give up her Pakistani passport.

whizkid

Yup thats correct. She will surrender her Pakistani passport.

However, reading this on the UK GOV website:
https://www.gov.uk/register-british-...british-father

4. Born before 1 July 2006 to a British father
You can register as a British citizen if you:

were born before 1 July 2006 -- TRUE
would have become a British citizen automatically if your parents had been married -- TRUE

-She fits into the category above; so I clicked on the application form UKF, https://www.gov.uk/government/public...tizen-form-ukf

It reads: Application for registration as a British citizen by a person born before 1 July 2006 whose parents were not married: form UKF...
Emphasis on whose parents were not married, (the parents are married :S).


God this is complicated.

HKG3

The above is for illegitimate children born to a British father at the time of birth. As your wife is a legitimate child and her father gain his British Citizenship after her birth, I don't think this applies.

The 1997 Act is to provide non ethnic Chinese British National (Overseas) and British Overseas Citizens living in Hong Kong with no other nationality who are de facto stateless after the 1997 handover of Hong Kong to apply for British Citizenship. Since your wife was able to get Pakistani passport after her birth via her mother, she does not qualify to register as a British Citizen under the 1997 Act.

whizkid

If we ignore the Hong Kong British Nationality Act completely from the picture and look at the UKF form then there's a small ray of hope. Surely, its not purely for illegitimate children must work for legitimate children through marriage? read below.

Having a read through this PDF:
https://www.gov.uk/government/upload..._june_2015.pdf

On page 4:
You will be entitled to registration if:

1. you were born before 1 July 2006, and
2. your mother was not married to your natural father
3. you have never been a British citizen
4. you would have become a British citizen automatically if your parents had been married (see below), and
5. the Secretary of State is satisfied that you are of good character.

You can meet the fourth requirement above if:
1. You were born on or after 1 January 1983 and would have become a British
citizen automatically had your parents been married at the time of your birth
(section 4G of the British Nationality Act 1981), or

********

The only thing the above doesn't address is, does it apply to a child (over 18) born abroad?

Just from reading the above requirements, I think she meets the criteria. Maybe more acts were introduced post 1997 and maybe there's more than one way to gain citizenship.

Any input on this BritInParis?

HKG3

Looking at the list above and the details you supplied in this post, I think your arguments on your wife's behalf failed as 1) her parents were married at the time of her birth (#5) and 2) she would not 'become a British Citizen automatically if the parents were married' as your father in law was not a British Citizen at the time of your wife's birth (#9).

BritInParis

Some talking at cross purposes I think.

I was talking about the British Nationality (Hong Kong) Act 1990. Your fiancee's father's certificate registration was issued under the British Nationality (Hong Kong) Act 1997 which, as HKG3 points, was for British nationals with a connection to Hong Kong who did not become British citizens before the Handover and did not become Chinese citizens after, usually ethnic Indians, Pakistanis and Nepalese born and resident in Hong Kong.

I'm curious as to why your fiancée's father registered himself and her younger siblings as British citizens and not her? I'm also curious as to why your fiancée was entitled to a Pakistani passport when her siblings were not and her father was supposed to be stateless. Was your fiancée's mother born in Pakistan?