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British National (Overseas)

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British National (Overseas), abbreviated BN(O), is a class of British nationality that was granted by voluntary registration to British Dependent Territories citizens who were Hong Kong residents before the transfer of sovereignty to China on 1 July 1997. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or in Hong Kong, but all BN(O)s would have had permanent resident status in Hong Kong when they acquired this status.

This nationality gives its holders favoured status when they are resident in the United Kingdom, conferring eligibility to vote, obtain citizenship under a simplified process, and serve in public office or non-reserved government positions. There are an estimated 2.9 million BN(O)s; about 350,000 of them hold active British passports with this status and enjoy consular protection when travelling abroad. However, since most BN(O)s also hold Chinese nationality and because China treats its dual nationals as if they were only Chinese, they generally cannot access this protection within Hong Kong, mainland China, or Macau.

Background[edit source | edit]

Hong Kong was a British colony from 1842 until its transfer to China in 1997.[1] The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860. All of these areas were ceded in perpetuity to the United Kingdom by Qing China after the Opium Wars.[2] Britain negotiated a further expansion of the colony to include the New Territories in 1898, which were leased (rather than ceded) from China for a period of 99 years.[3]

As the end of the lease drew closer, Hong Kong's future was uncertain.[4] Because most of the territory's industry was developed in the New Territories, separating the leased area and returning only that part of the colony to China was economically and logistically impossible.[5] The colonial government could not grant new land leases in the New Territories past 1997, causing concern among local businesses over the long-term viability of further real estate investment.[4] The British and Chinese governments entered negotiations over Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984. The entire territory of Hong Kong would be transferred to China at the conclusion of the New Territories lease in 1997 and governed under Chinese sovereignty as a special administrative region.[6]

Nationality arrangements for residents[edit source | edit]

Before 1983, all citizens of the British Empire, including Hongkongers, held a common nationality.[7] Citizens of the United Kingdom and Colonies (CUKCs) had the unrestricted right to enter and live in the UK,[8] although non-white immigration was systemically discouraged.[9] Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation, when British subjects originating from outside of the British Islands first had immigration controls imposed on them when entering the UK.[10] After passage of the British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace,[11] and the vast majority of British subjects in Hong Kong became British Dependent Territories citizens (BDTCs) with the right of abode only in Hong Kong.[12] Only those reclassified as British citizens held an automatic right to live in the United Kingdom.[11] The British government issued a memorandum attached to the Joint Declaration that concerned transitional arrangements for the nationality of residents, which included a stipulation that a new nationality would be created for Hongkongers that did not confer the right of abode in the United Kingdom.[13] The British National (Overseas) status was created in 1985 to fulfill this requirement.[14]

Debate over full citizenship rights[edit source | edit]

The deprivation of full passports and nationality rights for Hongkongers, and its reinforcement as part of the Joint Declaration, drew criticism for effectively making ethnicity the deciding factor in determining what rights British subjects were entitled to.[15][16][17] Hong Kong residents and Legislative Council members, with some supporters in the British Parliament,[15] believed that granting full British citizenship would have been more appropriate for instilling confidence in Hong Kong's post-handover future[18] and that residents should have been offered a choice to continue living under British rule. Proponents argued that giving Hongkongers the right of abode as an "insurance policy" to protect against the curbing of civil freedoms by Chinese authorities after the handover would encourage them to stay in the territory and would prevent a mounting brain drain.[19][20] BDTCs in Gibraltar and the Falkland Islands were already given access to citizenship, and it was noted that asking for the same to be granted to Hong Kong residents was only requesting equal treatment.[21][22] Legislative Councillors and their supporters in Parliament unfavourably compared these arrangements for nationality to the situation of Macau, where residents were allowed to retain Portuguese citizenship and right of abode after that territory's transfer to China in 1999.[18][20]

A substantial number of residents began emigrating to other countries in the 1980s. While the number of annual departures remained steady for most of the decade and only started to increase towards its end,[23] the outflow grew dramatically following the 1989 Tiananmen Square protests.[24] The brutality of the Chinese government's response against demonstrations for democracy immediately dimmed local optimism in Hong Kong's future, indicated by a sudden drop in stock market and property values.[25] The crackdown caused a rush among residents to seek permanent residency or citizenship in other countries.[24] Residents feared an erosion of civil rights, the rule of law, and quality of life after the transition to Chinese rule,[26] suspicions that were only exacerbated by the Tiananmen incident.[27] Over a half million people left Hong Kong during the peak migration period from 1987 to 1996.[23] Scepticism in the Chinese government's commitment to Hong Kong's future autonomy was further reflected by high demand for BDTC naturalisation. Even though BDTC status would expire after the handover in 1997 and carried no entitlement to UK right of abode, over 54,000 people applied for it on the final registration date in 1996[28] because the status qualified them to register as BN(O)s.[29]

Despite petitions from Governors David Wilson and Chris Patten asking for full citizenship to be conferred on the colony's residents,[30][31] Parliament ultimately refused to grant all Hongkongers right of abode in the United Kingdom, citing difficulty in absorbing a large number of new citizens and that doing so would contradict the Joint Declaration.[18] Instead, it offered citizenship to only 50,000 qualified residents and their dependents, through the British Nationality Selection Scheme.[32] Because many departing residents were well-educated and held critical positions in medicine, finance, and engineering, the intention of the plan was to convince people within this professional core of Hong Kong's economy to remain in the territory after 1997.[27] This limited grant of citizenship, along with the fact that the provision for nationality without UK right of abode was included in a memorandum of the Joint Declaration and not in the treaty text, has been used by proponents for conferring citizenship on BN(O)s to argue that granting it would not be a violation of that agreement.[33] On the other hand, the Chinese government considers even these restricted grants to be a breach of the treaty[34] and specifically disregards the British citizenship of those who obtained it under the Selection Scheme.[35]

Post-handover developments[edit source | edit]

Substantive debate over expanding BN(O) rights was restarted in 2020,[36] when the National People's Congress bypassed the Legislative Council and directly approved national security legislation for Hong Kong.[37] This was done despite an explicit stipulation in the Hong Kong Basic Law stating the territory's responsibility for enacting its own legislation in that area.[38] Democracy advocates condemned the direct application of national law without local consultation as a fundamental upheaval to the regional legal system and labelled it as the end of "one country, two systems."[39] The United Kingdom will lift the existing six-month stay limit on BN(O)s and admit them into the UK for extendable periods of 12 months when the national security law is fully implemented in Hong Kong.[40]

Acquisition and loss[edit source | edit]

Application deadlines
for registration as a British National (Overseas)[41]
Year of birth Registration deadline
1967 to 1971 30 October 1993
1962 to 1966 31 March 1994
1957 to 1961 31 August 1994
1947 to 1956 28 February 1995
Prior to 1947 30 June 1995
1972 to 1976 31 October 1995
1977 to 1981 30 March 1996
1982 to 1986 29 June 1996
1987 to 1991 30 September 1996
1992 to 1995 31 December 1996
1996 31 March 1997
1 January to 30 June 1997 30 September 1997

Becoming a British National (Overseas) is no longer possible. Acquisition was not an automatic process and eligible residents had to have applied for the status between 1 July 1987 and the end of the registration period.[29] Registration deadlines were assigned to applicants by their birth year.[41] The last date eligible applicants could register was on 31 December 1997, if they were born in that year and prior to the transfer of sovereignty.[42] BN(O) nationality cannot be transferred by descent, and the number of living status holders will eventually dwindle until there are none. The status was granted in addition to other British nationality classes; an individual can be both a British citizen and a British National (Overseas).[43][44]

Applicants were required to be British Dependent Territories citizens by a connection with Hong Kong.[29] While about 3.4 million people acquired the status,[45] 2.5 million non-BDTC residents (virtually all Chinese nationals) were ineligible.[46] Those ineligible who wished to register as BN(O)s were required to have been naturalised as Hong Kong-connected BDTCs by 31 March 1996. Acquiring Hong Kong BDTC status other than by birth was no longer possible after that date.[41]

Unlike other British nationalities, BN(O) holders are uniquely entitled to hold British passports in that status. Every BN(O) was directly issued British National (Overseas) passports when they first obtained the status, while members of all other nationality classes are first given certificates of registration and do not possess passports as a right.[43] All Hong Kong-connected British Dependent Territories citizens lost BDTC status on 1 July 1997.[44] Individuals who did not acquire Chinese nationality (this generally only applied to those not ethnically Chinese) and would have been stateless at that date automatically became British Overseas citizens.[42]

British National (Overseas) status can be relinquished by a declaration made to the Home Secretary, provided that an individual already possesses or intends to acquire another nationality. Prior to 1 July 1997, deprivation of this nationality was also tied to the loss of British Dependent Territories citizenship.[43] Individuals who successfully registered as British citizens under the British Nationality Selection Scheme automatically lost BDTC status, and consequently also lost BN(O) nationality if they had acquired it.[47] There is no path to restore BN(O) status once lost.[48]

Rights and privileges[edit source | edit]

British Nationals (Overseas) are exempted from obtaining a visa or entry certificate when visiting the United Kingdom for less than six months.[49] They are eligible to apply for two-year working holiday visas and do not face annual quotas or sponsorship requirements.[50] When travelling in other countries, they may seek British consular protection.[29] BN(O)s are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens.[51] These include exemption from registration with local police,[52] voting eligibility in UK elections,[53] and the ability to enlist in the British Armed Forces.[54] British Nationals (Overseas) are also eligible to serve in non-reserved Civil Service posts,[55] be granted British honours, receive peerages, and sit in the House of Lords.[11] If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons[56] and local government.[57][58][59] It is estimated that 2.9 million people retain BN(O) nationality,[60] with about 350,000 of them holding active British passports with the status.[40]

BN(O)s may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year.[61] Registration confers citizenship otherwise than by descent, meaning that children born outside of the UK to those successfully registered will be British citizens by descent. Becoming a British citizen has no effect on BN(O) status, although someone possessing a British citizen passport would be ineligible to apply for a new BN(O) passport. Instead, the British citizen passport will have an additional observation printed, stating the holder's right of abode in Hong Kong as well as British National (Overseas) status.[42] Prior to 1997, BN(O)s were eligible to register as British citizens under the British Nationality Selection Scheme at the discretion of the Governor of Hong Kong.[62] Additionally, BN(O)s who did not hold any other citizenship or nationality on or before 19 March 2009 are entitled to register as full British citizens.[63][11] However, if a BN(O) acquires a second citizenship or nationality and renounces it after that date before applying to register as a British citizen, that person would not be eligible.[64]

The Hong Kong government does not accord any rights or privileges to British Nationals (Overseas) after 1997, except that they may enter Hong Kong with BN(O) passports without a visa or entry permit.[65]

Restrictions[edit source | edit]

Although BN(O)s may travel using a British passport, because the status does not entitle its holders to the right of abode in either the United Kingdom or Hong Kong, they may face restrictions when travelling to either place and are not treated identically to British citizens when entering other countries. The Joint Declaration allows continued use of foreign passports as travel documents post-handover,[66] but BN(O)s who are also Chinese nationals are subject to additional requirements when travelling to mainland China.[67]

United Kingdom[edit source | edit]

British Nationals (Overseas) are subject to immigration controls and have neither the right of abode nor right to work in the United Kingdom.[29] They are ineligible for the Registered Traveller service, which enables expedited clearance through British immigration, despite the eligibility of Hong Kong Special Administrative Region passport holders.[68] Like other non-European Economic Area citizens, BN(O)s are also required to pay an immigration health surcharge to access National Health Service benefits when residing in the UK for longer than six months[69] and do not qualify for most welfare programmes.[70]

Hong Kong[edit source | edit]

While registration for BN(O) status was dependent on residency, it is possible for holders of this status to lose the right of abode in Hong Kong. Non-Chinese nationals who hold permanent residency or citizenship outside of Hong Kong and have not returned to the territory for more than three years at any time since the transfer of sovereignty automatically lose the right of abode.[71] However, these individuals acquire the right to land, which is identical to the right of abode except that these persons can be subject to a deportation order. BN(O)s subject to a deportation order would lose the right to land and would become effectively stateless if their permanent residency in another country were to lapse or expire.[72]

China[edit source | edit]

The vast majority of British Nationals (Overseas) are of Chinese descent and were automatically granted Chinese nationality at the transfer of sovereignty. Individuals who hold Chinese nationality concurrently with any other nationality, including BN(O) status, are treated solely as Chinese nationals under Chinese nationality law. Consequently, most BN(O)s do not have access to British consular protection while in Hong Kong, Macau, or mainland China.[35] Additionally, BN(O)s who are Chinese nationals must use a Mainland Travel Permit to enter mainland China.[67]

European Union[edit source | edit]

Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens.[73] British Nationals (Overseas) have never been EU citizens and did not enjoy freedom of movement in other EU countries. They were,[74] and continue to be, exempted from obtaining visas when visiting the Schengen Area.[73]

References[edit source | edit]

Citations[edit source | edit]

  1. Carroll 2007, p. 1.
  2. Carroll 2007, pp. 16, 21–24.
  3. Carroll 2007, p. 67.
  4. 4.0 4.1 Carroll 2007, p. 177.
  5. Rabushka 1976, p. 8.
  6. Carroll 2007, pp. 178, 181.
  7. Hansen 1999, p. 78.
  8. Hansen 1999, p. 71.
  9. Hansen 1999, p. 90.
  10. Evans 1972.
  11. 11.0 11.1 11.2 11.3 British Nationality Act 1981.
  12. 1996 Population By-Census, p. 31.
  13. Sino-British Joint Declaration, United Kingdom Memorandum.
  14. Hong Kong Act 1985.
  15. 15.0 15.1 Lord Wyatt of Weeford, "Hong Kong: British Passports Proposal", col. 861.
  16. Committee on the Elimination of Racial Discrimination (14 March 1996). "Concluding observations of the Committee on the Elimination of Racial Discrimination, United Kingdom of Great Britain and Northern Ireland". United Nations. p. 4. Archived from the original on 2 March 2020. Retrieved 2 March 2020.
  17. "Britain’s colonial obligations", The Economist.
  18. 18.0 18.1 18.2 Allen Lee, "Foreign Affairs Committee Report on Hong Kong".
  19. Henrietta Ip, "Foreign Affairs Committee Report on Hong Kong".
  20. 20.0 20.1 Lord Irvine of Lairg, "Hong Kong: British Passports Proposal", col. 875–876.
  21. Stephen Cheong, "Foreign Affairs Committee Report on Hong Kong".
  22. Lord Geddes, "Hong Kong: British Passports Proposal", col. 869–870.
  23. 23.0 23.1 Population Policy Report 2002, pp. 27–28.
  24. 24.0 24.1 Carroll 2007, p. 196.
  25. Carroll 2007, p. 191.
  26. Wong 1992, p. 9.
  27. 27.0 27.1 Murphy 1991.
  28. Cheng 1996, pp. 44–45.
  29. 29.0 29.1 29.2 29.3 29.4 "Types of British nationality: British national (overseas)". gov.uk. Government of the United Kingdom. Archived from the original on 10 December 2018. Retrieved 7 January 2019.
  30. Cheng 2017.
  31. Castle & Vines 1995.
  32. Carroll 2007, p. 192.
  33. Joint Committee on Human Rights Ninth Report 2009, pp. 22–24.
  34. Carroll 2007, p. 193.
  35. 35.0 35.1 Standing Committee Interpretation Concerning Implementation of Chinese Nationality Law in Hong Kong.
  36. Dominic Raab, "Hong Kong National Security Legislation: UK Response", col. 681–703.
  37. Tsoi 2020.
  38. Basic Law Chapter II Article 23.
  39. Wong 2020.
  40. 40.0 40.1 "Media factsheet: Hong Kong BN(O)s". gov.uk. Home Office. 29 May 2020. Archived from the original on 29 May 2020. Retrieved 1 June 2020.
  41. 41.0 41.1 41.2 The Hong Kong (British Nationality) (Amendment) Order 1993.
  42. 42.0 42.1 42.2 "British National (Overseas) and British Dependent Territories Citizens" (PDF). Archived (PDF) from the original on 11 December 2018. Retrieved 8 January 2019.
  43. 43.0 43.1 43.2 "British nationals (overseas)" (PDF). 1.0. Home Office. 14 July 2017. Archived (PDF) from the original on 8 January 2019. Retrieved 8 January 2019.
  44. 44.0 44.1 The Hong Kong (British Nationality) Order 1986.
  45. Lord Avebury, "British Citizenship", col. WA213.
  46. Cheng 1997, p. 160.
  47. British Nationality (Hong Kong) Act 1990.
  48. "Nationality policy: renunciation of all types of British nationality" (PDF). 3.0. Home Office. 30 January 2018. Archived (PDF) from the original on 8 January 2019. Retrieved 8 January 2019.
  49. "Check if you need a UK visa". gov.uk. Government of the United Kingdom. Retrieved 2 April 2019.
  50. "Youth Mobility Scheme visa (Tier 5)". gov.uk. Government of the United Kingdom. Archived from the original on 25 April 2017. Retrieved 8 January 2019.
  51. House of Commons Foreign Affairs Committee Tenth Report 2015, pp. 16–17.
  52. "UK visas and registering with the police". gov.uk. Government of the United Kingdom. Archived from the original on 1 January 2019. Retrieved 2 April 2019.
  53. Representation of the People Act 1983.
  54. "Nationality". British Army. Archived from the original on 3 April 2019. Retrieved 2 April 2019.
  55. "Civil Service Nationality Rules" (PDF). Cabinet Office. November 2007. p. 5. Archived (PDF) from the original on 21 August 2018. Retrieved 2 April 2019.
  56. "How can I stand in an election?". Parliament of the United Kingdom. Archived from the original on 7 February 2019. Retrieved 6 April 2019.
  57. "Guidance for candidates and agents: Part 1 of 6 – Can you stand for election?" (PDF). Local elections in England and Wales. Electoral Commission. January 2019. p. 3. Archived (PDF) from the original on 2 January 2019. Retrieved 6 April 2019.
  58. "Guidance for candidates and agents: Part 1 of 6 – Can you stand for election?" (PDF). Local council elections in Scotland. Electoral Commission. April 2017. p. 3. Archived (PDF) from the original on 8 March 2017. Retrieved 6 April 2019.
  59. "Guide for Candidates and Agents: Local Council Elections". Electoral Commission for Northern Ireland. 2019. p. 10. Retrieved 6 April 2019.
  60. Heather Wheeler, "British Overseas Passport Holders in Hong Kong", col. 311WH.
  61. "Guide B(OTA): Registration as a British citizen" (PDF). Home Office. March 2019. Archived (PDF) from the original on 28 March 2019. Retrieved 29 March 2019.
  62. The British Nationality (Hong Kong) (Selection Scheme) Order 1990.
  63. Borders, Citizenship and Immigration Act 2009.
  64. "Registration as British citizen: other British nationals" (PDF). Home Office. 2 April 2019. pp. 31–32. Retrieved 27 April 2019.
  65. "Visit Visa / Entry Permit Requirements for the Hong Kong Special Administrative Region". Hong Kong: Immigration Department. Archived from the original on 27 March 2017. Retrieved 7 April 2017.
  66. Sino-British Joint Declaration, Chinese Memorandum.
  67. 67.0 67.1 "Immigration Clearance". Government of Hong Kong. Archived from the original on 7 January 2019. Retrieved 6 January 2019.
  68. Cheng 2016.
  69. "UK announces health surcharge". gov.uk. Government of the United Kingdom. 27 March 2015. Archived from the original on 11 December 2018. Retrieved 8 January 2018.
  70. Immigration and Asylum Act 1999.
  71. "Loss of Hong Kong Permanent Resident Status" (PDF). Hong Kong: Immigration Department. November 2018. Archived (PDF) from the original on 26 October 2019. Retrieved 5 March 2020.
  72. Immigration Ordinance.
  73. 73.0 73.1 Regulation (EU) No 2019/592.
  74. Regulation (EU) No 2018/1806 Annex II.

Sources[edit source | edit]

Legislation[edit source | edit]

Parliamentary debates[edit source | edit]

Publications[edit source | edit]

News articles[edit source | edit]

External links[edit source | edit]

Template:British nationality law