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Foreign Changeability

J

Joecool123

Member
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.
 
Joecool123 said:
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.
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Did you put Hong Kong as your country of chargeability? Can you prove that your parents were only in the UK temporarily when you were born? If so you should be ok. The proof can be difficult though as it is years ago.

Where you live now and what your current nationality is has nothing to do with DV. It's all about where you were born, or being able to cross charge successfully as you need to do.
 
SusieQQQ said:
Did you put Hong Kong as your country of chargeability? Can you prove that your parents were only in the UK temporarily when you were born? If so you should be ok. The proof can be difficult though.
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Well I have a Hong Kong passport, so is that goood enough proof?
 
Joecool123 said:
Well I have a Hong Kong passport, so is that goood enough proof?
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No. They don't care what passport you have.
You were born in the UK, so you need to prove that your parents were temporarily in the UK when you were born. Their old passports with entry and exit stamps and any other proof of how long they were there and why, is what you need.
 
SusieQQQ said:
No. They don't care what passport you have.
You were born in the UK, so you need to prove that your parents were temporarily in the UK when you were born. Their old passports with entry and exit stamps and any other proof of how long they were there and why, is what you need.
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Well I guess its up to me to proof that then.
So are they 100% going to ask me that question during the interview?
 
To help determine if your parents are temp or not, the passport your parents used to enter UK to give birth to you would be a good gauge.

Let's say they have HKSAR or BNO passport, they are temp for sure unless they have immigrant visa to the UK.
You said they are not UK citizen, so that leaves permanent residence as the other failing option.

If they hold BDTC, it will be very tough to argue. The C in it refers to citizen and you will have a tough time arguing their status is temporary in uk
 
Anxiety2015 said:
To help determine if your parents are temp or not, the passport your parents used to enter UK to give birth to you would be a good gauge.

Let's say they have HKSAR or BNO passport, they are temp for sure unless they have immigrant visa to the UK.
You said they are not UK citizen, so that leaves permanent residence as the other failing option.

If they hold BDTC, it will be very tough to argue. The C in it refers to citizen and you will have a tough time arguing their status is temporary in uk
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It's not as easy as that. As an example:
If they held a work permit to work for a UK company, they would be deemed to have been resident there according to DV rules - but not if they were there working for a HK company or the HK government.
 
SusieQQQ said:
It's not as easy as that. As an example:
If they held a work permit to work for a UK company, they would be deemed to have been resident there according to DV rules - but not if they were there working for a HK company or the HK government.
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Right, temporary resident is still a resident.
When I say BNO or HKSAR passport, I mean his parent enters the UK on those alone without any visa.
Note BNO holder can enter the uk up to 90 days without visas.
If they are on work or student visa, that's a different story like Susie said.

I just find this cross charge thing a mess and mostly won't work out for applicants except very few exception.
Even then you need a very strong case with proof.
 
In addition to the points Susie has made above, strong evidence is where you were educated. Hard (not impossible) to get an education in a country where your parents did not live. So - where were you raised and educated?
 
Britsimon said:
In addition to the points Susie has made above, strong evidence is where you were educated. Hard (not impossible) to get an education in a country where your parents did not live. So - where were you raised and educated?
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I did go to elementary school in Hong Kong, so is that record good enough? on top of that, my mom also found the Hospital record of where I was born. On the comment section of the record, it says "No medical Coverage, just visiting. To be billed". So is that good enough?
 
Joecool123 said:
I did go to elementary school in Hong Kong, so is that record good enough? on top of that, my mom also found the Hospital record of where I was born. On the comment section of the record, it says "No medical Coverage, just visiting. To be billed". So is that good enough?
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You seem to be revealing details as we pull them out. This is your case - we are not judging or whatever. But you were born in the UK. You now live in the UK. At some point in between you at least ended up in the UK - and your complete school history will factor into whether you were resident (and by intimation) your parents were resident. So - by all means have all that ready to go. The link posted earlier is an excellent example of how you will need to prove things...
 
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