Asked by: Iain Duncan Smith (Conservative - Chingford and Woodford Green)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what steps her Department is taking to (a) ensure that children of British National (Overseas) passport holders (i) born in the UK and (ii) of Hong Kong descent will not be regarded as Chinese nationals by the People's Republic of China and (b) guarantee their protection under UK law.
Answered by Catherine West
If you're a British national (overseas), your child is a British citizen if both: they were born in the UK, and you were a British citizen or settled in the UK (had 'indefinite leave to remain') when they were born. The FCDO provides consular assistance to British nationals abroad. In some cases, British Nationals of Hong Kong or Chinese descent may be considered Chinese by the Chinese authorities meaning the consular assistance we can provide may be limited. As per our nationality guidance, we advise seeking legal advice where appropriate for individual cases.
Asked by: Chris Law (Scottish National Party - Dundee Central)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, pursuant to the Answer of 25 October 2024 to Question 8831 on China and Hong Kong, what steps he plans to take to ensure that British-born children of British nationals with Hong Kong descent who are exclusively British citizens are not treated as Chinese nationals by the People’s Republic of China; and what steps his Department is taking to safeguard their consular rights and protections under international conventions when travelling to or residing in China.
Answered by Catherine West
The FCDO provides consular assistance to British nationals abroad. In some cases, British Nationals of Hong Kong or Chinese descent may be considered Chinese by the Chinese authorities meaning the consular assistance we can provide may be limited. As per our nationality guidance, we advise seeking legal advice where appropriate for individual cases.
Asked by: Gavin Robinson (Democratic Unionist Party - Belfast East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will take steps to provide British citizenship to the children of British National (Overseas) passport holders from Hong Kong that are in the UK.
Answered by Seema Malhotra - Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office)
British National (Overseas) status holders who are on the BN(O) route in the
UK may apply for British citizenship after 5 years’ qualifying residence, and being free from immigration time restrictions for a further year.
Their children who have come to the UK as their dependants can apply when they meet the requirements.
Children born to BN(O)s in the UK will be able to apply for registration as a British citizen once their parent becomes settled.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government what recent assessment they have made of the number of asylum seekers from Hong Kong who have switched to British National (Overseas) (BN(O)) visa routes, and the way in which such applications have been handled, since they decided to allow adult children of BN(O) status holders to apply independently of their parent.
Answered by Lord Sharpe of Epsom - Shadow Minister (Business and Trade)
Those who apply to the British National (Overseas) (BN(O)) route from overseas should not travel to the UK until they have received a decision on their application. Most individuals who hold a BN(O) or Hong Kong Special Administrative Region passport will be able to apply to the BN(O) route without needing to attend a visa application centre by using the UK Chip Checker smartphone application.
In most cases, a person with a pending asylum claim can make an application to the BN(O) route, but all applications will need to meet the relevant requirements to be granted, including the suitability requirements. The Home Office is aware of the issues some individuals have faced when switching into the BN(O) route since it was amended to allow adult children of BN(O) status holders who were born after the handover of Hong Kong to apply independently of their parent, and we are looking into these cases.
Recent published data shows that in Quarter 2 of 2023, 98.58% of leave to enter cases and 98.35% of leave to remain cases classed as straightforward were decided within the service standard of 12 weeks.
This can be found at the following link: Visas and citizenship data: Q3 2023 - GOV.UK (www.gov.uk).
The Home Office does not currently hold any publishable data on the longest outstanding case.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government what consideration they have given to the position of British National (Overseas) visa applicants who remain in Hong Kong while their application is considered.
Answered by Lord Sharpe of Epsom - Shadow Minister (Business and Trade)
Those who apply to the British National (Overseas) (BN(O)) route from overseas should not travel to the UK until they have received a decision on their application. Most individuals who hold a BN(O) or Hong Kong Special Administrative Region passport will be able to apply to the BN(O) route without needing to attend a visa application centre by using the UK Chip Checker smartphone application.
In most cases, a person with a pending asylum claim can make an application to the BN(O) route, but all applications will need to meet the relevant requirements to be granted, including the suitability requirements. The Home Office is aware of the issues some individuals have faced when switching into the BN(O) route since it was amended to allow adult children of BN(O) status holders who were born after the handover of Hong Kong to apply independently of their parent, and we are looking into these cases.
Recent published data shows that in Quarter 2 of 2023, 98.58% of leave to enter cases and 98.35% of leave to remain cases classed as straightforward were decided within the service standard of 12 weeks.
This can be found at the following link: Visas and citizenship data: Q3 2023 - GOV.UK (www.gov.uk).
The Home Office does not currently hold any publishable data on the longest outstanding case.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government how long it takes on average to process a British National (Overseas) visa application and what is the longest outstanding application awaiting assessment.
Answered by Lord Sharpe of Epsom - Shadow Minister (Business and Trade)
Those who apply to the British National (Overseas) (BN(O)) route from overseas should not travel to the UK until they have received a decision on their application. Most individuals who hold a BN(O) or Hong Kong Special Administrative Region passport will be able to apply to the BN(O) route without needing to attend a visa application centre by using the UK Chip Checker smartphone application.
In most cases, a person with a pending asylum claim can make an application to the BN(O) route, but all applications will need to meet the relevant requirements to be granted, including the suitability requirements. The Home Office is aware of the issues some individuals have faced when switching into the BN(O) route since it was amended to allow adult children of BN(O) status holders who were born after the handover of Hong Kong to apply independently of their parent, and we are looking into these cases.
Recent published data shows that in Quarter 2 of 2023, 98.58% of leave to enter cases and 98.35% of leave to remain cases classed as straightforward were decided within the service standard of 12 weeks.
This can be found at the following link: Visas and citizenship data: Q3 2023 - GOV.UK (www.gov.uk).
The Home Office does not currently hold any publishable data on the longest outstanding case.
Asked by: Andrew Rosindell (Reform UK - Romford)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what discussions she has had with her Chinese counterpart on the Hong Kong Veterans Settlement route announced on 29 March 2023.
Answered by Robert Jenrick
The government’s new Hong Kong Veterans Settlement route will be open to all servicemen and women who served in the British military prior to July 1st 1997, and their family members, including a partner or spouse and dependent children. Applications for Settlement are expected to open this Autumn.
Home Office officials work closely with the Foreign Commonwealth and Development Office and the Department for Levelling Up Health and Communities, as well as other government departments, to ensure that the UK is a safe and welcoming place for both those who hold BN(O) status and other Hongkongers.
Asked by: Andrew Rosindell (Reform UK - Romford)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent progress she has made on implementing the Hong Kong Veterans Settlement route announced on 29 March 2023.
Answered by Robert Jenrick
The government’s new Hong Kong Veterans Settlement route will be open to all servicemen and women who served in the British military prior to July 1st 1997, and their family members, including a partner or spouse and dependent children. Applications for Settlement are expected to open this Autumn.
Home Office officials work closely with the Foreign Commonwealth and Development Office and the Department for Levelling Up Health and Communities, as well as other government departments, to ensure that the UK is a safe and welcoming place for both those who hold BN(O) status and other Hongkongers.
Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will expedite the asylum applications of (a) former Hong Kong elected district councillors and (b) pro-democracy party leadership figures in the context of recent arrest warrants and bounties for exiled Hong Kong pro-democracy activists.
Answered by Robert Jenrick
The UK has a proud history of providing protection to those who need it. All asylum claims are considered on a case-by-case basis in line with published policy including those raised by Hong Kong nationals.
Individuals from Hong Kong may also be able to apply for the Hong Kong British National (Overseas) (BN(O)) route which reflects the UK’s historic and moral commitment to those people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status before Hong Kong’s handover to China. To be eligible, applicants must have BN(O) status, or be the eligible family member of someone with BN(O) status.
In November 2022, the BN(O) route was expanded to allow adult children of BN(O) status holders, aged 18 or over and who were born on or after 1 July 1997 to apply to the route independently. As of 31 March 2023, a total of 166,420 applications to the BN(O) route have been granted since its introduction.
Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what support her Department is offering to (a) former Hong Kong elected district councillors and (b) pro-democracy party leadership figures who have been waiting for a decision on an asylum application.
Answered by Robert Jenrick
The UK has a proud history of providing protection to those who need it. All asylum claims are considered on a case-by-case basis in line with published policy including those raised by Hong Kong nationals.
Individuals from Hong Kong may also be able to apply for the Hong Kong British National (Overseas) (BN(O)) route which reflects the UK’s historic and moral commitment to those people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status before Hong Kong’s handover to China. To be eligible, applicants must have BN(O) status, or be the eligible family member of someone with BN(O) status.
In November 2022, the BN(O) route was expanded to allow adult children of BN(O) status holders, aged 18 or over and who were born on or after 1 July 1997 to apply to the route independently. As of 31 March 2023, a total of 166,420 applications to the BN(O) route have been granted since its introduction.