Chargeability using parents citizenship

[joecool123 0]

Hi guys, I was Born in UK and I am a citizen. My parents however, they are Hong Kong citizens and never lived in the UK. They are still living Hong Kong right now, and they were never UK citizens.

Is it going to be a problem for me since I am living in the UK and I am also a citizen?

I know there are already information about this matter online, but there seems to be mix answers.

[SusieQQQ 11,586]

The DV rules are clear on this, you need to be able to prove your parents were temporarily in the UK when you were born.

[Boiler 45,553]

So what were they doing in the UK?

[dvanxiety 1]

geez man, I am sorry to tell you that you cannot cross charge to your parents.

I am from Hong Kong so let me see if I understand your situation fully.

Before 1997 Hong Kong is a Bristish colony and they have given 50k full UK citizenship to some Hong Konger.

This is not a permanent residence, but directly yo citizenship without any stay in uk requirement.

If your parents got their UK citizenship this way, then you cannot cross Charente to them since they are by no means temp residence of Uk when you are born.

Unless you have a partner who's born in Asian eligible country, assuming you got and AS number, then you might be able to cross charge to your partner.

Now, if your parents got a BNO, tha's a different as a BNO holder can only stay in the UK for 90 days if I remember correctly. if that's the case and your parents are temp in uk when you are born, then you should be fine.

[joecool123 0]

geez man, I am sorry to tell you that you cannot cross charge to your parents.

I am from Hong Kong so let me see if I understand your situation fully.

Before 1997 Hong Kong is a Bristish colony and they have given 50k full UK citizenship to some Hong Konger.

This is not a permanent residence, but directly yo citizenship without any stay in uk requirement.

If your parents got their UK citizenship this way, then you cannot cross Charente to them since they are by no means temp residence of Uk when you are born.

Unless you have a partner who's born in Asian eligible country, assuming you got and AS number, then you might be able to cross charge to your partner.

Now, if your parents got a BNO, tha's a different as a BNO holder can only stay in the UK for 90 days if I remember correctly. if that's the case and your parents are temp in uk when you are born, then you should be fine.

As I mentioned above, they were never UK citizens.

Edited May 9, 2015 by joecool123

[Boiler 45,553]

You said that your mother went alone as a visitor to get you UK Citizenship by giving birth in the UK, but the UK does not have birthright citizenship.

[dvanxiety 1]

As I mentioned above, they were never UK citizens.

Cool, so what passport are they holding when you are born? BNO, BDTC, other non Bristish travel doc?

As long as the are temp in UK, you should be fine. BDTC would be a fough one to argue tho.

[joecool123 0]

Cool, so what passport are they holding when you are born? BNO, BDTC, other non Bristish travel doc?

As long as the are temp in UK, you should be fine. BDTC would be a fough one to argue tho.

I notice ur in Canada now. how is it over there? did u try the DV lottery and got an interview in Canada?

You said that your mother went alone as a visitor to get you UK Citizenship by giving birth in the UK, but the UK does not have birthright citizenship.

Thats interesting, because I have a UK passport, and my parents are not UK citizens...

[dvanxiety 1]

I notice ur in Canada now. how is it over there? did u try the DV lottery and got an interview in Canada?

Thats interesting, because I have a UK passport, and my parents are not UK citizens...

Won DV 2015 and waiting for my interview, probably in Aug

[SusieQQQ 11,586]

I think the UK used to have birthright citizenship. Wanna guess why they changed it....

Edit : yup,changed in 1983. Before then you just had to be born there, since then at least one parent must be a citizen.

Edited May 9, 2015 by SusieQQQ

[joecool123 0]

Won DV 2015 and waiting for my interview, probably in Aug

where are u getting your interview? are u a canadian citizen?

[Boiler 45,553]

I think the UK used to have birthright citizenship. Wanna guess why they changed it....

Edit : yup,changed in 1983. Before then you just had to be born there, since then at least one parent must be a citizen.

British citizenship by birth in the United Kingdom[edit]

From 1 January 1983, a child born in the UK to a parent who is a British citizen or 'settled' in the UK is automatically a British citizen by birth.

• Only one parent needs to meet this requirement.
• "Settled" status usually means the parent is resident in the UK and has the right of abode, or holds Indefinite Leave to Remain (ILR), or is the citizen of an EU/EEA country and has permanent residence, or otherwise unrestricted by immigration laws to remain in the UK.^[4] Irish citizens in the UK are deemed settled for this purpose.
• Special rules exist for cases where a parent of a child is a citizen of a European Union or European Economic Area member state, or Switzerland. The law in this respect was changed on 2 October 2000 and 30 April 2006. See below for details.
• For children born before 1 July 2006, if only the father meets this requirement the parents must be married. Marriage subsequent to the birth is normally enough to confer British citizenship from that point.
• Where the father is not married to the mother, the Home Office usually registers the child as British provided an application is made and the child would have been British otherwise. The child must be under 18 on the date of application.
• Where a parent subsequently acquires British citizenship or "settled" status, the child can be registered as British provided he or she is aged under 18.
• If the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and his/her parents is irrelevant.
• Special provisions may apply for the child to acquire British citizenship if a parent is a British Overseas citizen or British subject, or if the child is stateless.

Even if a child born in the UK on or after 1 January 1983 does not acquire British citizenship, he/she does not require a visa (leave to enter or remain) to live in the UK.^[5] However, he/she is subject to immigration control and needs to obtain leave to enter if he/she leaves the UK and seeks re-admission, or leave to remain where permission is sought for the child to be allowed to stay in the UK.^[6]

Before 1983, birth in the UK was sufficient in itself to confer British nationality irrespective of the status of parents, with an exception only for children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (e.g. US forces stationed in the UK) are British citizens.