If you are a British National Overseas (BNO), you may be eligible to apply for registration as a British Citizen under the British Nationality (Hong Kong) Act 1997. Our dedicated team of nationality solicitors at Aden & Co Solicitors offers comprehensive immigration advice and legal representation on a fixed-fee basis to assist you with your application for British citizenship.

“Aden & Co Solicitors are recognized as expert UK immigration solicitors, and the excellence of our UK visa and immigration legal services is reflected in our outstanding 5-star Google Reviews rating, achieved by 99% of our satisfied clients.”

If you have questions, feel free to consult our specialized team of immigration solicitors for complimentary online advice. Alternatively, you can book an appointment with our expert immigration solicitors for in-depth guidance regarding your application for registration as a British Citizen.

Eligibility Criteria for British Citizenship under the British Nationality (Hong Kong) Act 1997

To qualify for registration as a British citizen under the British Nationality (Hong Kong) Act 1997, applicants must fulfill two critical eligibility criteria. Both criteria must be met to proceed with the application.

Ordinary Residence Requirement

To satisfy the ordinary residence requirement, applicants must:

• Reside in Hong Kong: You must be habitually residing in Hong Kong at the time of your application.
• Historical Residence: You must have been ordinarily resident in Hong Kong prior to 4 February 1997.

For children born on or after 4 February 1997, it is imperative that they were ordinarily resident in Hong Kong at the moment of their birth. In these instances, the ordinary residence status of the parent(s) at the time of birth will be taken into consideration.

Defining Ordinary Residence

To be regarded as ordinarily resident in a country, the following conditions must be met:

• Full-Time Residency: You should be living in the country on a full-time basis, aside from any temporary or occasional absences.
• Compliance with Immigration Regulations: You must not be in violation of any immigration laws.
• Voluntary Migration: You should have relocated to the country with the genuine intent of settling there.

British judicial precedents delineate that ordinary residence embodies the following characteristics:

• Regular Lifestyle: It signifies a consistent, habitual mode of living within a specific location.
• Sustained Continuity: The continuity of residence must persist despite any temporary departures.
• Duration Flexibility: The period of residence may vary, being either long-term or short-term.
• Lawfulness: Your stay in the country must be lawful.
• Voluntary Adoption: Residency must be undertaken voluntarily.
• Settled Purpose: The intention behind residing in the country should be for a settled purpose.

 

Understanding the Nationality Requirement for British Citizenship

To fulfill the nationality requirement outlined in the 1997 Act, you must demonstrate that, on the relevant date of February 3, 1997, you held one of the following statuses:

• A British dependent territories citizen exclusively by virtue of a connection with Hong Kong.
• A British national (overseas).
• A British overseas citizen.
• A British subject.
• A British protected person.

Additionally, it is imperative that you did not possess any other non-British nationality as of the relevant date. If you acquired British nationality after this date through birth, registration, or naturalization, the relevant date will shift to the moment you obtained that status.

It is essential to note that citizenship or nationality can exist even in the absence of a passport issued by the respective country’s authorities. Prior to submitting your application, ensure that you do not fall into this category.

Important Considerations:

• You may have held one or more of the aforementioned statuses concurrently.
• It is feasible to be a British dependent territories citizen through ties to multiple British dependent territories. For instance, an individual born in Hong Kong to a parent from another territory can still qualify as a British dependent territories citizen, irrespective of their place of birth. However, only those formerly classified as BDTCs due to their connection with Hong Kong are eligible to apply under the 1997 Act.
• You can be a national or citizen of another country without ever having held that country’s passport.
• If you have obtained British nationality through your connections to Hong Kong but identify ethnically as Chinese, it is crucial to be aware of Chinese nationality laws, which may classify you as a Chinese national. In such cases, you would not qualify for registration under the 1997 Act. We strongly recommend contacting the Hong Kong Special Administrative Region Immigration Department for further clarification before proceeding with your application.
• Finally, if you have renounced or relinquished your nationality or citizenship of another country on or after the relevant date, you will not be eligible for registration as a British citizen.

How We Can Assist You

At Aden & Co Solicitors, our distinguished team of nationality law solicitors in London is dedicated to guiding you through the complexities of your British Citizenship application. We provide comprehensive support throughout the entire process until a decision is rendered by the Home Office UKVI. Our specialized immigration solicitors will undertake the following essential services concerning your British Citizenship application:

• Eligibility Assessment: We will thoroughly evaluate your eligibility for British Citizenship, taking into account all pertinent details, including your immigration history.
• Success Evaluation: Our experts will offer insights into the likelihood of your application’s success, highlighting any potential weaknesses that may require attention.
• Document Advisory: We will provide you with a comprehensive list of necessary documents to bolster your application for British Citizenship.
• Document Review: Our team will meticulously assess all supporting documents to ensure they comply with the Home Office UKVI standards for British Citizenship registration.
• Application Form Completion: We will expertly complete and submit the relevant online application form for your British Citizenship, assist with the payment of the Home Office UKVI fee, and arrange your appointment for biometrics enrollment at the application center.
• Cover Letter Preparation: We will draft a detailed cover letter to accompany your application, meticulously outlining your eligibility for British Citizenship by referencing all applicable information, documents, laws, and requirements.
• Online Submission of Documents: All supporting documents, along with the cover letter, will be uploaded online to ensure thorough consideration in support of your application.
• Ongoing Support: Our commitment to you extends throughout the entire application process, with continuous management of your British Citizenship application until a decision is received from the Home Office UKVI.

Fixed Fees for Registration of Adults as British Citizens

At Aden & Co Solicitors, we provide transparent and competitive fixed fees for applications concerning the registration of adults (individuals aged 18 and above) as British Citizens. Below is a detailed breakdown of our fees:

The specific fixed fee will be determined by the intricacy of your nationality confirmation application and the extent of casework involved. It is important to note that, in addition to our fixed fees for nationality confirmation applications, applicants will also be responsible for the applicable Home Office UKVI fees associated with their applications.