BRITISH CITIZENSHIP : THE FOREIGN CHILDREN OF BRITISH CITIZENS RESIDENT IN HONG KONG.
There are a number of families in Hong Kong where the parents,
although born in Hong Kong, have acquired British citizenship on
the basis of 5 years' residence in the United Kingdom. However
their children, if born outside the United Kingdom, acquire
British citizenship automatically only if they were born after
1 January 1983, when the British Nationality Act 1981 came into
force. Prior to 1 January 1983, children born abroad became
citizens of the United Kingdom and Colonies but did not acquire
the right of abode in the UK unless their parents were born in
the UK.
The result of the change in legislation is that there are a
number of families in Hong Kong where some of the children are
British citizens, because they were born after 1 January 1983,
while others - the older ones are not. These families have
campaigned for the Home Secretary to exercise his discretion
under the 1981 Act to register the older children as British
citizens, to avoid the danger of the families being divided.
However the Home Secretary will normally exercise his discretion
to register children as British citizens only if he is satisfied
that their future lies in the United Kingdom.
In order to avoid these families being forced to leave Hong Kong
simply to safeguard their children's future, Mr Lloyd has indicated that he is prepared to consider giving an undertaking that the children in question would be allowed to accompany their parents to the UK for settlement, even if they were over 18 years old. However such an undertaking would not benefit married children or those who were no longer dependent on their parents.
This proposal was conveyed to OMELCO by Lord Caithness during his
recent visit to Hong Kong. Home Office Ministers have indicated that before offering any undertakings, they would need to be satisfied that OMELCO would not use this concession to press for further immigration or nationality concessions for other groups.
A copy of Mr Peter Lloyd's letter to Lord Caithness is attached.
We have not rat received ค
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response from OMELCO
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