There are two requirements you need to meet to be eligible for registration as a British citizen under the British Nationality (Hong Kong) Act 1997. You must meet both requirements.

The ordinary residence requirement

To meet this requirement you must:

  • be ordinarily resident in Hong Kong on the date of your application; and
  • have been ordinarily resident in Hong Kong before 4 February 1997.

A child born on or after 4 February 1997 must have been ordinarily resident in Hong Kong at the time of his birth. In such cases account will be taken of where the parent/s were ordinarily resident at the time of the birth.

To be considered ordinarily resident in a country you must:

  • be living in the country full-time (apart from temporary or occasional absences); and
  • not be in breach of any immigration rules; and
  • have moved to the country voluntarily with the intention of settling there.

British courts have ruled that ordinary residence has the following features:
• it is a regular habitual mode of life in a particular place;
• its continuity has persisted despite temporary absences;
• it may be of long or short duration;
• it must be lawful;
• it must have been adopted voluntarily;
• it must be for a settled purpose.

The nationality requirement

To meet this requirement, on the relevant date (immediately before 4 February 1997), you must have been:

  • a British dependent territories citizen by virtue only because of a connection with Hong Kong; or
  • a British national (overseas); or
  • a British overseas citizen; or
  • a British subject; or
  • a British protected person; and
  • you must not have held any other non-British nationality.

The relevant date is the 3 February 1997 unless you became a British national after that date by birth, registration or naturalisation, in which case the relevant date is the date on which you became a British national.

It is possible to be a citizen or national of a country even if you have never held a passport issued by the authorities of that country. You should make sure this does not apply to you before you make your application.

You must not have held (hold) any other, non-British nationality or citizenship on the relevant date.

Notes:

  1. You may have held (hold) one or more of the above statuses.
  2. It is possible to be a British Dependent Territories citizen by connection with more than one British dependent territory. For example, a person born in Hong Kong to a parent born in another dependent territory could be a British Dependent Territories citizen regardless of the fact that he had been born in Hong Kong. Only a former BDTC by virtue of a connection with Hong Kong is eligible to apply under the 1997 Act.
  3. It is possible to be a national or citizen of another country even if you have never held a passport issued by the authorities of that country.
  4. You should take particular care if you become a British national through your Hong Kong connections but you are ethnically Chinese. Under Chinese nationality rules, you may have been regarded as a Chinese national. If so, you would not be entitled to registration under the 1997 Act. If you are in this category, we advise you to contact the Hong Kong Special Administrative Region Immigration Department for clarification before making an application.
  5. You will not be eligible for registration as a British citizen if you renounced (or otherwise gave up) the nationality or citizenship of some other country on or after "the relevant date"

Why Sunrise Solicitors For Your Application For Registration As British Citizen Under The British Nationality (Hong Kong) Act 1997?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for British Citizenship under the British Nationality (Hong Kong) Act 1997. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for registration as a British Citizen under the British Nationality (Hong Kong) Act 1997 and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For An Application For Registration As British Citizen Under The British Nationality (Hong Kong) Act 1997

  • We will charge you a fee from £800.00 + VAT for our professional immigration services in relation to your application for British Citizenship under the British Nationality (Hong Kong) Act 1997. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her immigration matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.