Melina

Hello, it's my first time posting here...I have seen threads regarding questions about nationality issues and user replies with helpful comments, so I decided to try asking for help aswell

I'm a HK born citizen with a BNO passport and I'm currently residing in Portugal...my problem is that it is time to renew my passport, however I can't do that without a HK permanent ID card, since I never needed it, my only HK ID expired when I reached 18 and was never renewed.

But now that I want to do so, the chinese embassy refused to help me or renew my ID card unless I renounced my BNO passport, this is distressing because I am now at risk of losing my job offer in a EU country and eventually my right to reside here, without said passport.

Can the chinese embassy 'force' me to 'choose' chinese nationality?

Choosing a HK nationality doesn't help me because I can't speak mandarin and some countries will not even accept a HK citizen over EU residents. Also, according to the immigration office, as a Hong Kong citizen I am eligible to a HK ID, since I am not asking for a visa I don't understand the embassy's continued refusal to help me process this.

I would appreciate any advice, as for the past month I have been dealing with officials through email and telephone and reached no solution, in the meantime my passport expired and I have no way to renew it.

christep

On what basis do you claim Chinese Citizenship? Are you ethnically Chinese? (Sadly, China's citizenship rules are to some extent based on race).

And on what basis are you currently residing in Portugal, given that a BN(O) passport doesn't give you the right of residence in the UK, never mind anywhere else in Europe!

If you are not ethnically Chinese (e.g of Nepalese or other South Asian descent) then you may well be able to apply for full British Citizenship given that, in the absence of a HK Permanent ID card, you would otherwise be stateless.

hkskyline

Hong Kong and China do not recognize dual nationality, so if you need to renew your Hong Kong passport and they become aware of your BNO status, you need to choose which one you want to keep.

Unless you tell them about this, they won't usually proactively ask, or find out.

Since the Chinese embassy is now aware of your BNO status, you probably will have to choose, or bet that you can still renew your HKID in Hong Kong and hope the Lisbon embassy doesn't talk to Hong Kong's Immigration department.

Within the local community, we regarded the BNO as a travel document. The British never intended to give its colonial subjects citizenship when they signed the handover agreement with Beijing. That's why the BNO was created. Don't bet on using that to gain full UK citizenship.

christep

Rather than get into a debate here with people who are obviously pretty clueless, I'll simply offer the OP that I will happily provide advice by private message if they wish.

Melina

I didn't know that posting in my own thread required moderator review :x

889

I agree this is probably best handled privately, but hkskyline should read the relevant memoranda under the Joint Declaration before giving further advice on this issue. In short, China agreed to tolerate the use of BNO passports by pre-July 1, 1997 HK people for travel to third countries.

http://www.cmab.gov.hk/en/issues/jd6.htm

Melina

First of all, thank you everyone for taking the time to read my post and give your opinion

I am a HK born citizen before 1997 with ethnically HK parents, I also have the respective birth certificate, a BNO, a Hong Kong permanent ID that expired when I reached 18 and was never renewed, and a portuguese permanent resident permit.

As far as I understand from gov.hk and many other sources, I am entitled to ask for a Overseas Permanent ID card, my very delicate problem is that the local chinese embassy argues that I can't have dual nationality and I should choose one of them...this is, however, incorrect on their part.

However, the real situation is that despite I have the rules on my side, the china embassy insist on their version, which is that I am a dual national and they will not do anything to help me unless I 'choose' either BNO or Hk, which is no choice at all, without the ID card...I can't renew my BNO.

I understand that this is a forum, but I lose nothing by trying to find someone who might give me some advice, and after over a month of bureaucracy where I am met with disdain, brushed over whenever I try to establish contact, to the point my passport expired and I'm at severe risk of losing a viable job offer and residency....let's say I'm looking for a miracle now

889

I take it the obvious suggestions of flying back to HK to apply for a new ID card or trying a different embassy won't work because you no longer have a valid travel document.

What's left? I think you need to contact the HK Immigration Department, tell them that the Chinese embassy in Lisbon will not accept your ID card application, and ask them to intervene with the Chinese Foreign Ministry to resolve your problem. I believe the HK Government maintains channels with Beijing to resolve precisely this sort of issue.

bibbju

There's a really good HK based forum called Geoexpat with some very experienced guys who've dealt with all sorts of permanent HKID issues, residency, BNO, etc etc so they may be able to help you much better than anyone on here. Suggest you post on there:

https://geoexpat.com/forum/

Melina

@889, I indeed don't have any travelling documents, tomorrow I will try to go in person to the chinese embassy and see if they will help. My last contact (out of many) was met with relative success, where they told me that if I deliver the documents, they will send to HK for processing. Thank you for suggesting that, I hope the immigration office will be able to help me (they appear agreeable people at first contact)

@bibbju, Thank you, I will check the forum out Much appreciated!

rkkwan

Did I miss something? Have you contacted the UK Consulate or whoever the Queen's representative is in Lisbon? The BN(O) is a travel document issued by the UK and it CAN be renewed.

889

It seems the UK wants to see his HK permanent ID card before it renews his BNO passport.

Melina

Yes, I have. As Mr.889 mentioned, the document is part of the requirements. It should by all accounts be a normal process, but I have been denied this service until recently.

Update: At the embassy today, they finally accepted my application, hopefully no more problems will arise.

I am actually surprised with this result as for the past two months they kept arguing that BNO equals dual nationality and therefore it's not accepted, even though China doesn't recognize the BNO status and sees it as just a travelling document.

Thank you everyone for your time, and it was indeed better to avoid mentioning having the BNO just for simplicity's sake.

HkCaGu

PRC embassies/consulates cannot require you to renounce BNO, as the PRC does not recognize BNO as a nationality. If you're ethnic Chinese born in HK without previous foreign nationalities (such as SE Asia), you already have Chinese nationality and there's nothing to give up.

However, PRC embassies/consulates cannot process a HKID application unless it is in conjunction with a HKSAR passport application. Having an HKSAR passport does not affect your BNO nationality. However, BNO application nowadays demands color photocopies of all pages of any of your other passports. It's just hassle and money and will not affect your BNO status.

It seems like you were not familiar of these peculiarities and they were not theirs. A bad combination. You should have seeked advice from the British embassy and HK Immigration early on.

garykung

Since OP's issues are almost resolved, I will simply give my 2 cents for the yes and no.

1. HM Passport Office can renew the passport without the HKID. However, you must attach a form authorizing Immigration Department to release your HKID record for the renewal, which will delay your application.

2. Reaching 18 does not make your HKID invalid, as officially, there is no expiration date on your HKID.

Chinese diplomatic posts are known to giving more troubles than assistance to Chinese (Hong Kong) citizen. Regardless what the Central Government has said, they do stuffs in their own ways. This is why unless you have no other choices, it is better to deal with the Immigration Department instead.

In fact, Immigration Department acknowledges there are issues.