application for registration as a british citizen under...

Form EM

Application for registration as a British citizen under British Nationality (Hong Kong) Act 1997

July 2018

The Home Office will use the personal information you provide to consider your application. We may also share your information with other public and private sector organisations in the UK and overseas. For more detail please see the Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship. This also sets out your rights under the Data Protection Act 2018 and explains how you can access your personal information and complain if you have concerns about how we are using it.

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Form EM Application form (version 07/18) of 17

Application for registration as a British citizen underBritish Nationality (Hong Kong) Act 1997Before completing this form, you should read the accompanying guide. Fill in the parts of the form which apply to your application (see Guide EM) and cross out all other parts. If there is not enough space for your answer, use a separate sheet of paper. Write clearly in block capitals using black pen.

Some of the information you provide in this form will be stored on a computer which is registered under the Data Protection Act 1984.

Section 1: Personal Information

1.1 Title:

Mr Mrs Miss Ms Other

1.2 Surname/Family name:

1.3 All other names:

1.4 Name at birth if different from above:

1.5 Any other names by which you are or have been known:

1.6 Chinese commercial code (if any):

1.7 Date of birth:

1.8 Village or town or city of birth:

1.9 Country of birth:


Contact details

1.10 Present address (You must give us any change of address in writing while we are considering this application):

Postcode:

1.11 Daytime/Mobile telephone number:

1.12 Hong Kong permanent identity card number:

1.13 Email address:

1.14 For validation purposes, write your e-mail address again in the box below:

If someone is representing you, that is an agent or solicitor, tell us their details:1.15 Name:

1.16 Address:

Postcode:

1.17 Telephone number:

If you have completed 1.15 and the address is that of your immigration advisor, give their Office of the Immigration Services Commission (OISC) number:

1.18 Current marital status (tick one box only):

Single/never married Divorced or civil partnership dissolved

Married or a civil partner Legally separated

Unmarried partner Widowed or a surviving civil partner


If married, complete below:

1.19 Spouse’s full name before marriage:

1.20 Spouse’s present address:

Postcode:

1.21 Spouse’s date of birth:

1.22 Spouse’s place and country of birth:

1.23 Spouse’s nationality:

Your nationality

1.24 What form of British nationality do you currently hold? (Tick one or more boxes):

British protected person British national (overseas)

British overseas citizen British subject

1.25 What form of British nationality did you hold on 3 February 1997? (Tick one or more boxes):

British dependent territories citizen British overseas citizen

British protected person British national (overseas)

British subject

1.26 If you were a British dependent territories citizen on 30 June 1997, or if you are a British overseas citizen, British subject or British protected person, how did you acquire this nationality? (tick one box; the options shown are explained in paragraph 17 of the guide):

Birth Ancestry Registration/Naturalisation Adoption


1.27 If you acquired the above nationality by registration or naturalisation, complete below:

Number of certificate:

Date of issue:

Place of issue:

1.28 Have you held or do you hold any other nationality?

Yes No

1.29 If “yes”, give the following details:

Other nationality:

Date acquired:

How acquired:

Birth Ancestry Naturalisation Other

If lost, date lost:

How was it lost?


Details of your residence in Hong Kong

1.30 Have you in the last 10 years been outside Hong Kong (other than on holiday or business trips lasting up to a month)?

Yes No

1.31 If you have answered “yes” to the last question, state below the dates between which you were absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong

Date returned to Hong Kong

Country visited Reason(s)

1.32 Were you ordinarily resident in Hong Kong on 3 February 1997?

Yes No

1.33 If you have answered “yes” to the last question, state below the dates between 1987 and 1997 when you were absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong



See Guide EM for details of the evidence you must provide.


Your father’s details

1.34 Your father’s full name:

1.35 Your father’s date of birth:

1.36 Your father’s place and country of birth:

1.37 Your father’s nationality (if more than one, list all):

Your father’s residence (only complete the rest of this section if you are under 18 years of age. If over 18 go to 1.43.)

1.38 Your father’s present address:

Postcode:

1.39 Has he in the last 10 years been outside Hong Kong (other than on holiday or business trips lasting up to a month)?

Yes No

1.40 If you have answered “yes” to the last question, state below the dates between which he was absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong




1.41 Was your father ordinarily resident in Hong Kong on 3 February 1997?

Yes No

1.42 If you have answered “yes” to the last question, state below the dates between 1987 and 1997 when he was absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong




Your mother’s details

1.43 Your mother’s full name (before marriage):

1.44 Your mother’s date of birth:

1.45 Your mother’s place and country of birth:

1.46 Your mother’s nationality (if more than one, list all):

Your mother’s residence (only complete the rest of this section if you are under 18 years of age. If over 18 go to Section 2.)

1.47 Your mother’s present address:

Postcode:


1.48 Has she in the last 10 years been outside Hong Kong (other than on holiday or business trips lasting up to a month)?

Yes No

1.49 If you have answered “yes” to the last question, state below the dates between which she was absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong



1.50 Was your mother ordinarily resident in Hong Kong on 3 February 1997?

1.51 If you have answered “yes” to the last question, state below the dates between 1987 and 1997 when she was absent from Hong Kong, the country or countries visited and the reasons for each of the visits. Continue on a separate sheet of paper if more space is needed.

Date left Hong Kong





Section 2: Biometric enrolmentIn accordance with British Nationality (General) (Amendment) (2) Regulations 2014 anyone applying for naturalisation or registration as a British citizen must register their biometric information. For more information about registering your biometric information, see the accompanying guidance notes, which you must read before completing this form.If you have a current grant of leave on a biometric residence permit (BRP), you must provide your BRP for the application to be valid and complete.

2.1 Have you been issued with a BRP with a previous application for leave?

Yes No go to question 2.14

Give details of your BRP. For the application to be valid and complete, your current BRP must be provided, unless it is not available for one of the reasons specified on the application form.

2.2 BRP number:

2.3 Issue date: 2.4 Expiry date:

2.5 Place of issue:

2.6 Nationality:

2.7 Is your BRP enclosed with your application? Yes No

If no, tick one of the following reasons:

Returned to Home Office go to question 2.8

Lost go to question 2.9

Stolen go to question 2.10

Other go to question 2.13

2.8 If the required BRP has been returned to the Home Office, give details of the reason it was sent to us:

Date it was sent to us:

2.9 If the BRP was lost give the date this was reported to the Home Office card management service:


2.10 If the biometric resident permit was stolen, give the police report number, crime reference number, the police station and the date reported to the police.

Police report number:

Crime reference number:

Police station:

Date reported to the Police:

2.11 Do you want the Home Office to retain your BRP?

Yes I confirm that I do not require evidence of my immigration status. Should I subsequently require evidence of my status, I will need to apply for a replacement BRP at my expense.

No I confirm that if granted British citizenship I must return the BRP to the Home Office within 5 days of receiving the grant of citizenship and if I fail to do so I may receive a financial penalty of up to £1,000.

2.12 If the required biometric residence permit (BRP) is not enclosed give details why you are unable to provide it:

If you do not submit your BRP with this application, you must return it to the Home Office no later than 5 days from the date you attended your citizenship ceremony or the date you were issued with a certificate of naturalisation, so that it can be securely destroyed. Details of how to return your BRP can be found at www.gov.uk/biometric-residence-permits/report-problem

If you fail to return your BRP, or notify the department of the reasons for not being able to do so, you may receive a financial penalty of up to £1,000.

If you need to travel to and from the UK after being granted British citizenship you must apply for a British passport or for a certificate of entitlement to the right of abode to be placed in your foreign passport. Guidance on applying for a British passport can be found on Gov.UK. Following a grant of citizenship your BRP will be cancelled which means it will not be accepted as evidence that you are entitled to reside in the UK. You will not be able to use your BRP when travelling to re-enter the UK.

2.13 If the required BRP is not enclosed for any other reason give details why you are unable to provide it:

www.gov.uk/biometric-residence-permits/report-problem


2.14 Have you had your fingerprints taken as part of a previous UK immigration application made in the UK or abroad?

Yes go to question 2.15 No go to question 2.18

2.15 Date your fingerprints were last taken:

2.16 Give details where your fingerprints were taken, including the town or city and country:

2.17 Give details of the British diplomatic post(s) involved if the application(s) was or were made abroad:

2.18 Do you have a medical or physical condition which may require special arrangements for your biometric features to be recorded?

Yes provide us with a letter from a doctor registered with the appropriate governing body giving details of the condition and/or special needs and explaining any arrangements that may be necessary.

No

2.19 Declaration

As required by British Nationality Regulations 2014, I confirm that I wish to register my biometric information.

SignatureDate


Section 3: Good character requirementIn this section you need to give information which will help the Home Secretary to decide whether they can be satisfied that you are of good character. Checks will be made with the police and possibly other government departments, the security service and other agencies.

Personal History (criminal convictions, war crimes, etc.)This section asks about any criminal convictions, any civil judgments or civil penalties made against you and details of any involvement you may have had in war crimes, genocide, crimes against humanity or terrorism. If you fail to answer all of these questions as fully and accurately as possible, your application may be refused.

It is an offence under Section 46(1) of the British Nationality Act 1981 to make a statement or representation which is known to be false or is not believed to be true. Information given will be checked with other agencies.

3.1 Have you been convicted of any criminal offence in the UK or any other country?


3.2 Give details below for each criminal conviction, starting with the most recent one. If you have received more than 2 convictions photocopy this page and enclose it with this form.

Note: We will carry out criminal record checks on all applicants. You must give details of all criminal convictions. This includes road traffic offences (including all drink driving offences).

Fixed penalty notices (such as speeding or parking tickets) do not form part of a person’s criminal record and will generally not be considered in the caseworker’s assessment of character unless the person either:

• failed to pay and there were criminal proceedings as a result

• received 3 or more fixed penalty notices at any level

• in the past 3 years received 2 or more fixed penalty notices, at least one of which was at the upper levels (fine of £200 or more)

You must give details of any fixed penalty notices received.

Criminal conviction 1Country where convicted:

Nature of offence:

Sentence given:

Date sentenced:

If you were sentenced to a period of imprisonment, what was the length of the prison sentence(in months)? months


Criminal conviction 2Country where convicted:

Nature of offence:

Sentence given:

Date sentenced:

If you were sentenced to a period of imprisonment, what was the length of the prison sentence(in months)? months

3.3 Do you have any civil judgments against you or any civil penalty under the UK Immigration Acts?


3.4 Give details for each civil judgment or any civil penalty under the UK immigration acts, starting with the most recent one.

If you have received more than 2 civil judgments and/or civil penalties under the UK immigration acts, photocopy this page and enclose it with this form.

Details of judgment or civil penalty 1:

Date of judgment or civil penalty:

Country where judgment was made:

Details of judgment or civil penalty 2:

Date of judgment or civil penalty:

Country where judgment made:

You must answer questions 3.5 to 3.14 below even if you have answered no to question 3.1. For help in answering these questions, see the definitions in Guide EM.

3.5 Have you received any cautions (simple or conditional), warnings or reprimands in the UK or any other country?

Yes Give details below No go to question 3.7


3.6 Give details for each caution (simple or conditional), warning or reprimand starting with the most recent one.If you have received more than 2 cautions (simple or conditional), warnings or reprimands, photocopy this page and enclose it with this form.

Details of caution (simple or conditional), warning, or reprimand 1:

Date of caution, warning or reprimand:

Country where caution, warning or reprimand received:

Details of caution (simple or conditional), warning, or reprimand 2:

Date of caution, warning or reprimand:

Country where caution, warning or reprimand received:

You must answer questions 3.7 to 3.14 below even if your have answered no to question 3.6. For help in answering these questions, see the definitions in Guide EM.

3.7 Are your details recorded by the police in respect of certain sexual offences (for example on the “sex offenders register”), or are you subject to a notification order, a sexual offences prevention order, a foreign travel order, or a risk of sexual harm order (or equivalent order made in a British overseas territory or any other country)?

Yes No

3.8 Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court?

Yes No

3.9 In times of peace or war have you ever been involved in, or suspected of involvement in, war crimes, crimes against humanity or genocide?

Yes No

3.10 Have you ever been involved in, supported or encouraged terrorist activities in any country?

Yes No

3.11 Have you ever been a member of, or given support to an organisation which has been concerned in terrorism?

Yes No


3.12 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts?

Yes No

3.13 Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?

Yes No

3.14 Have you ever been declared bankrupt?

Yes No

3.15 If you have answered yes to question 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, or 3.14 you must give further details in the space provided below. If you need more space, continue on a separate sheet and enclose it with this form.

For the purposes of answering questions 3.7 to 3.14 refer to Guide EM which provides guidance on actions which may constitute war crimes, crimes against humanity, genocide or terrorist activities.


Section 4: Declaration

I (full name in block letters)

declare that, to the best of my knowledge and belief, the information given in this application is correct. I promise to inform the UKVI in writing of any change in circumstances which may affect the accuracy of the information given while this application is being considered by them.

I have read and understood the Guide EM (tick this box)

I have read and understood the fees leaflet and have enclosed the appropriate registration fee (tick this box)

If application is being made on behalf of a person under 18 years of age, state your relationship with the applicant.

If you are not a parent of the applicant, state the nature of your responsibility for the applicant and how this responsibility was assumed.

Warning: To give false information on this form knowingly or recklessly is a criminal offence under the British Nationality Act 1981.

Signature Date

GUIDE EM RSIAS AISH CITIZEN UNDER THE BRITISHTIONALITY (HONG KONG) ACT 1997

A guide to registration as a British citizen under the British Nationality (Hong Kong) Act 1997

January 2016

https://www.gov.uk/government/organisations/home-office

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

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The following guidance has been produced for those who wish to apply for British citizenship under the British Nationality (Hong Kong) Act 1997. Please read it carefully before completing the application form. The law covering registration is contained in the British Nationality (Hong Kong) Act 1997 and in regulations made under the British Nationality Act 1981. The information given here is meant only as a brief guide to the law and to the Home Secretary's policy. It is not a comprehensive statement of either the law or the policy.

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Contents 1. The Requirements you have to meet………………………………………………………. 4 2. The citizenship you will be granted if your application is successful…. ….…………… 5 3. The application form…………………………………………………………………............ 6

Sections A to E – Personal information……………………………………………............ 6 Section F – Good character……………………………………………….......................... 7 Section G – Biometric enrolment…………………………………………………..………. 11

Section H – Declaration……………………………………………………………..………. 12 4. Where to send your application form……………………………………………………….. 13 5. After you have sent your application form…………………………………………………. 13

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THE REQUIREMENTS YOU HAVE TO MEET ORDINARY RESIDENCE 1. You must be an ordinarily resident in Hong Kong on the date of your application.

2. You must also have been ordinarily resident in Hong Kong immediately before 4 February

1997. 3. A child born on or after 4 February 1997 must have been ordinarily resident in Hong Kong at

the time of his birth. In such cases account will be taken of where the parent/s were ordinarily resident at the time of the birth.

Note: British courts have ruled that ordinary residence has the following features:

• it is a regular habitual mode of life in a particular place; • its continuity has persisted despite temporary absences; • it may be of long or short duration; • it must be lawful; • it must have been adopted voluntarily; • it must be for a settled purpose.

NATIONALITY 4. On the relevant date (immediately before 4 February 1997) you must have been a British

national, i.e. either:

• a British Dependent Territories citizen by virtue only of a connection with Hong Kong; or

• a British National (Overseas); or • a British Overseas citizen; or • a British subject; or • a British protected person.

However if you only became a British national on or after that date (e.g. due to birth, registration or naturalisation) the date on which you became such a national is the relevant date.

5. You must not have held (hold) any other, non-British nationality or citizenship on the

relevant date.

Notes: (i) You may have held (hold) one or more of the above statuses.

(ii) It is possible to be a British Dependent Territories citizen by connection with more than one British dependent territory. For example, a person born in Hong Kong to a parent born in another dependent territory could be a British Dependent Territories citizen regardless of the fact that he had been born in Hong Kong. Only a former BDTC by virtue of a connection with Hong Kong is eligible to apply under the 1997 Act.

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(iii) It is possible to be a national or citizen of another country even if you have never held a passport issued by the authorities of that country. (iv) If you become a British national through your Hong Kong connections but you are ethnically Chinese, under Chinese nationality rules, you may have been regarded as a Chinese national. If so, you would not be entitled to registration under the 1997 Act. If you are in this category, we advise you to contact the Hong Kong Special Administrative Region Immigration Department for clarification before making an application.

(v) You will not be eligible for registration as a British citizen if you renounced (or otherwise gave up) the nationality or citizenship of some other country on or after "the relevant date"

THE CITIZENSHIP YOU WILL ACQUIRE IF YOUR APPLICATION IS SUCCESSFUL 6. All successful applicants will become British citizens. Some will become British citizens

otherwise than by descent, whilst some will become British citizens by descent. Your registration certificate will state whether you are a British citizen otherwise than by descent or a British citizen by descent.

British citizens otherwise than by descent 7. To become a British citizen otherwise than by descent you must;

• have been a British Dependent Territories citizen otherwise than by descent before

you registered as a British National (Overseas) or - because you failed to register - became a British Overseas citizen on 1 July 1997. British Dependent Territories citizens who were born, naturalised (or, in some cases, registered) or adopted in Hong Kong became British Dependent Territories citizens otherwise than by descent.

8. As a British citizen otherwise than by descent you will be able to pass on British citizenship to

any children born to you subsequently even if they are born outside the United Kingdom. British citizens by descent 9. To become a British citizen by descent you must fall into one of two categories;

(i) you were a British Dependent Territories citizen by descent before you registered as a

British National (Overseas) or - because you failed to register - became a British Overseas citizen on 1 July 1997. In general, British Dependent Territories citizens who were born outside Hong Kong became British Dependent Territories citizens by descent.

(ii) you were (at the relevant time):

• a British Overseas citizen (otherwise than as a former Hong Kong British Dependent Territories citizen who gained British Overseas citizenship on 1 July 1997) ; or • a British subject; or • a British protected person.

10. As a British citizen by descent you will not normally be able to pass on British citizenship

to any children born outside the United Kingdom.

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CHILDREN AND GRANDCHILDREN 11. If you are registered as a British citizen otherwise than by descent (see paragraph 7

above), any children subsequently born to you would automatically become British citizens by descent. Any children you had before you were registered would not become British citizens automatically. They would need to apply and qualify for British citizenship in their own right.

12. If you are registered as a British citizen by descent neither your existing children nor any

subsequent children would become British citizens automatically. They would need to seek British citizenship in their own right.

13. If, on 1 July 1997, you either:

• became a British Overseas citizen under article 6 of the Hong Kong (British Nationality) Order 1986, because you were a Hong Kong British Dependent Territories citizen who would otherwise have been stateless; or

• were a British National (Overseas).

Any children then born to you while you held that status would, if they would otherwise be stateless, be British Overseas citizens at birth. In certain circumstances, your grandchildren would, if they were born stateless, also have an entitlement to registration as British Overseas citizens (normally within 12 months of their birth).

THE APPLICATION FORM 14. Important Note: Please ensure that your names and other particulars on the form are

written or typed clearly in black or blue-black ink and in BLOCK LETTERS. Delays in processing may arise if the information you give is difficult to read.

The name that you give must be the same name that is on your current passport, travel document or national identity card. We will not normally issue a certificate of registration or naturalisation in a name that is different from a person’s official documents. If you have married or entered a civil partnership and changed your name, and wish to be registered in that name, you should change your name on your other passport, travel documents and national identity card to reflect that name before sending us your application. This is to avoid a person having official documents in more than one identity.

Your name at birth must be given on the application form, for identity purposes, but may be omitted from your certificate of British citizenship if you have a special reason for requesting this – for example because you were adopted or are no longer living in the gender you were considered to have at the time of your birth.

SECTION A 15. You should complete all parts of this section.

SECTION B 16. You should complete all parts of this section.

17. Explanation of birth, ancestry, registration, naturalisation and adoption. Broadly

speaking, for the purposes of this section of the form, you will be;

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• British by birth if you hold any form of British nationality because you were born

on British territory; • you will be British by ancestry if you were born on non-British territory and you hold

any form of British nationality through a parent's or grandparent's birth, adoption, naturalisation or registration;

• if you are British by registration or naturalisation, this means that you were not British when you were born but acquired this status as a result of an application for a registration or naturalization certificate;

• if you are British by adoption (only applicable if you are a British Dependent Territories Citizen or a British National (Overseas)), this means that you automatically became British from the date of your adoption by a British parent.

SECTION C 18. You should complete all parts of this section.

SECTIONS D AND E 19. You should complete the first part of each section (relating to your parents' names, birth

details and nationality). Only complete the second part of each section (relating to their residence) if you are under 18 years of age.

SECTION F – GOOD CHARACTER 20. To be of good character you should show respect for the rights and freedoms of the

United Kingdom Checks will be carried out to ensure that the information you give is correct.

21. If you are not honest about the information you provide and you are registered on the

basis of incorrect or fraudulent information you will be liable to have British citizenship taken away (deprivation) and you may be prosecuted. It is a criminal offence to make a false declaration knowing that it is untrue.

22. You must give details of all criminal convictions both within and outside of Hong Kong .

These include road traffic offences. Fixed penalty notices (such as speeding or parking tickets) must be disclosed, although will not normally be taken into account unless:

you have failed to pay and there were criminal proceedings as a result; or

you have received numerous fixed penalty notices.

Applicants over the age of 10 at the date of application may submit a Hong Kong certificate of no criminal convictions (CNCC) as evidence of their good character.

23. Drink driving offences must be declared. If you have any endorsements on your driving

licence you must provide the paper counterpart. Please note that a driving conviction may not yet be disregarded despite any penalty points being removed from your driving licence

24. Criminal record checks will be carried out in all cases. If you have a conviction within the

relevant sentence based threshold you are unlikely to be registered as a British citizen. Similarly if you have been charged with a criminal offence and are awaiting trial or sentencing, you are advised not to make any application for registration until the outcome is known. If you are convicted, you should then consult the table below.

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Sentence Impact on Nationality applications

1 4 years’ or more imprisonment Application will normally be refused, regardless of when the conviction occurred.

2 Between 12 months’ and 4 years’ imprisonment

Application will normally be refused unless 15 years have passed since the end of the sentence.

3 Up to 12 months’ imprisonment Application will normally be refused unless 10 years have passed since the end of the sentence.

4 A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record.

Application will normally be refused if the conviction occurred in the last 3 years.

25. Notes:

a. A person who receives a sentence of life imprisonment is included in the ‘4 years or more imprisonment’ category (i.e. line 1).

b. A person who receives a custodial sentence of exactly 4 years is included in the ‘4

years or more imprisonment’ category (i.e. line 1). c. A person who receives a custodial sentence of exactly 12 months or exactly 1 year

is included in the ‘Between 12 months and 4 years imprisonment’ category (i.e. line 2).

d. The “end of the sentence” means the entire sentence imposed, not just the time the

person spent in prison. For example, a person sentenced to 3 years’ imprisonment on 1/1/2013 will normally be refused citizenship until 1/1/2031 – the 15 year ‘bar’ added to the 3 year sentence.

e. A “non-custodial offence or other out of court disposal that is recorded on a

person’s criminal record” (i.e. line 4) includes Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential Court Orders.

f. A person who is subject of an extant Deportation Order will be refused citizenship

regardless of when they apply. g. Some extremely short periods of imprisonment may not be included in the ‘up to 12

months imprisonment’ category (i.e. line 3). This will depend on whether the person was convicted & sentenced or simply committed to prison. The latter is not a sentence and the vast majority of those detained for one day– will have been committed by the court and not sentenced. The decision maker will instead treat this as a “non- custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4).

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h. A suspended prison sentence will be treated as a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4).

The exception is where that sentence is subsequently ‘activated’. This means that the person re-offended or failed to adhere to/breached the conditions of that sentence. Where this happens, the sentence length will be the one originally imposed.

Example 1: a person is sentenced to 6 months’ imprisonment, suspended for two years. If they ‘activate’ this, the sentence should be 6 months and fall into the ‘up to 12 months’ imprisonment’ category above (i.e. line 3). Example 2: a person is sentenced to 12 months’ imprisonment, suspended for two years. If they ‘activate’ this, the sentence should be 12 months and fall into the ‘Between 12 months and 4 years’ imprisonment’ category above (i.e. line 2).

i. Sentences imposed overseas will normally be treated as if they occurred in the UK. j. For concurrent sentences, the decision maker will take the longest single sentence

imposed. For example, a sentence of 9 months’ imprisonment served concurrently with a sentence of 6 months’ imprisonment will be treated the same as one 9-month sentence.

For consecutive sentences, the decision maker will add together the total of all the sentences imposed. For example, a sentence of 9 months’ imprisonment served consecutively with a of 6 months’ imprisonment will be treated the same as one 15-month sentence.

26. You are also advised to refer to the good character policy guidance which caseworkers use to decide your application. This is available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/385792/Chapter_18_Annex_D_v02_141210_web_version.pdf

27. You must give details of all civil judgments which have resulted in a court order being

made against you as well as any civil penalties under the UK Immigration Acts. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. (Your application is unlikely to succeed if you are an undischarged bankrupt).

28. You do not need to give details of family law proceedings such as divorce decrees,

dissolved civil partnerships, guardianship orders, parental responsibility orders. 29. You must give details of any cautions (simple or conditional), warnings or reprimands

you have received in the UK or any other country. Cautions, warnings and reprimands are out of court disposals that are recorded on a person’s criminal record and are taken in to account when assessing a person’s character.

30. You must say if your details have been recorded by the police as a result of certain

sexual offences, or if you are subject to one of the following orders: notification order, sexual offences prevention order, foreign travel order, risk of sexual harm order (or equivalent order made in a British overseas territory or any other country). If your details are recorded on the “sex offenders” register, even if any conviction is spent, the Home Secretary is unlikely to be satisfied that you meet the good character requirement and so an application for citizenship is unlikely to be successful.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/385792/Chapter_18_Annex_D_v02_141210_web_version.pdf


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31. You must say if there is any offence for which you may go to court or which is awaiting

hearing in court. This includes having been arrested for an offence and waiting to hear if you will be formally charged. If you have been arrested and not told that charges have been dropped, or that you will not have to appear in court, you may wish to confirm the position with the police. For applicants from Scotland any recent civil penalties must also be declared. You must tell us if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

32. You must also say whether you have had any involvement in terrorism. If you do not

regard something as an act of terrorism but you know that others do or might, you should mention it. You must also say whether you have been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide. If you are in any doubt as to whether something should be mentioned, you should mention it.

33. For the purpose of answering questions F.7 to F.12 you should refer to the definitions in

this Guide on actions which may constitute genocide, crimes against humanity and war crimes.

34. This guidance is not exhaustive. Before you answer these questions you should consider

the full definitions of war crimes, crimes against humanity and genocide which can be found in Schedule 8 of the International Criminal Court Act 2001 at the following web-site:http://www.hmso.gov.uk/acts/acts2001/20010017.htm. Alternatively, copies can be purchased from The Stationery Office, telephone 0870 600 5522.

35. It is your responsibility to satisfy yourself that you are familiar with the definitions and can

answer the questions accurately.

Genocide 36. Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or

religious group.

Crimes against humanity 37. Acts committed at any time (not just during armed conflict) as part of a widespread or

systematic attack, directed against any civilian population with knowledge of the attack. This would include offences such as murder, torture, rape, severe deprivation of liberty in violation of fundamental rules of international law and enforced disappearance of persons.

War Crimes 38. Grave breaches of the Geneva Conventions committed during an armed conflict. This

includes an internal armed conflict and an international armed conflict. The types of acts that may constitute a war crime include willful killing, torture, extensive destruction of property not justified by military necessity, unlawful deportation, the intentional targeting of civilians and the taking of hostages.

Terrorist Activities 39. Any act committed, or the threat of action, designed to influence a government or intimidate

the public and made for the purpose of advancing a political, religious or ideological cause and that involves serious violence against a person; that may endanger another person’s life; creates a serious risk to the health or safety of the public; involves serious damage to property; is designed to seriously disrupt or interfere with an electronic system.

http://www.hmso.gov.uk/acts/acts2001/20010017.htm

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Organisations concerned in terrorism 40. An organisation is concerned in terrorism if it:

a. commits or participates in acts of terrorism, b. prepares for terrorism, c. promotes or encourages terrorism (including the unlawful glorification of terrorism), or d. is otherwise concerned in terrorism.

Deception 41. If you have practised deception in your dealings with the Home Office or other Government

Departments (e.g. by providing false information or fraudulent documents) this will be taken in to account in considering whether you meet the good character requirement.

42.Your application will be refused if you have attempted to deceive the Home Office within the

last 10 years. Immigration Related Issues 43. Your application may also be refused if you have evaded immigration control in the last 10

years or helped someone else to evade immigration control or employed illegal workers, at any time. Full details of our policy can be seen at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/385792/Chapter_18_Annex_D_v02_141210_web_version.pdf.

44. You must say whether you have been involved in anything which might indicate that you are

not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and the fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so.

45. You must tell us if you have practised deception in your dealings with the Home Office or other Government Departments (e.g. by providing false information or fraudulent documents).This will be taken in to account in considering whether you meet the good character requirement. If your application is refused, and there is clear evidence of the deception, any future application made within 10 years is unlikely to be successful.

46. You should also tell us if you have any children who have been convicted of an offence or who have received a court order (e.g. an ASBO), We will consider if there are indications that you may have been complicit in their activities or particularly negligent in your dealings with the authorities.

Deprivation 47. You may be deprived of your British citizenship if it is found to have been obtained by fraud,

false representation or the concealment of any material fact. The Home Secretary may also deprive you of British citizenship if she is satisfied that deprivation is conducive to the public good and you would not be made stateless. Following the Immigration Act 2014, the Home Secretary may also deprive naturalised persons of their British Citizenship if the person has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom and the Home Secretary has reasonable grounds for believing the person is able, under the law of another country to become a national of that country or territory.



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SECTION G – BIOMETRIC ENROLMENT

48. As part of your application, all applicants are required to enrol their biometric details for the purpose of identity verification.

49. Children under 18 applying for registration as a British citizen, must also enrol their biometric details. Children under the age of 6 do not need to provide fingerprints, but must have a digital photograph taken of their face. The requirement for fingerprints to be taken from the age of six comes from EU Regulation 380/2008. Up to the age of six the Home Office only requires a digitised image of the child’s face, although the regulation does not prevent fingerprints being recorded from children aged less than six years. There is no upper age limit for biometric information to be taken.

50. Children under the age of 16 must be accompanied by a parent or legal guardian at their biometric enrolment appointment.

51. You must complete the biometric enrolment section of the application form 52. In order to book an appointment to enrol your Biometrics please visit

www.vfsglobal.co.uk/Global/ sign up and follow the on screen instructions. Here you will find your nearest location. There may be a service charge of £10 per person to be paid online depending on location; this will be made apparent on the website.

Do not send the biometric enrolment fee with your application fee.

53. Your application may be rejected as invalid if you do not enrol your biometrics when requested. For more information about enrolling biometrics and the current fee, please visit the following section of our website: www.gov.uk/biometric-residence-permits

54. If you have previously enrolled your biometric details and been issued with a biometric residence permit, you must include this with your application.

55. You will not be issued with a new biometric permit, but your current biometric permit will be returned to you, and your fingerprint details will be retained, until we are notified that you have attended your citizenship ceremony.

SECTION H - DECLARATION 56. When you have filled in the form, sign and date the declaration, OTHERWISE THE

APPLICATION WILL NOT BE VALID. DOCUMENTS YOU SHOULD SEND WITH THE FORM 57. You should send:

• the fee; • a photocopy of your Hong Kong Permanent Identity Card (if you have been issued with

one); • Documentary evidence of ordinary residence:- evidence that you are currently

ordinarily resident in Hong Kong and that you (and, if you are under 18, your parents) were ordinarily resident on the other date which applies to you e.g proof of rent/mortgage payments, employer’s letters or tax records for the period concerned. you should also provide your Hong Kong Travel Record for this period; and

http://www.vfsglobal.co.uk/Global/

http://www.gov.uk/biometric-residence-permits

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• documentary evidence of your nationality:- a photocopy of your passport; or the original of your certificate of naturalization, certificate of registration or other - documentary evidence that you were on 30 June 1997 a British Dependent Territories citizen, or that you are a British National (Overseas), a British Overseas citizen, British subject or British protected person; and

• documentary evidence that you have renounced or otherwise ceased to hold any

non-British nationality you have held; and • if you are under 18, your birth certificate showing details of your parents, and

your parents' marriage certificate.

You should send in the originals of these documents except where it is otherwise stated. Where photocopies of documents are sent, the original documents may be requested when your application reaches its turn for consideration.

WHERE TO SEND YOUR APPLICATION FORM

58. All applications will be considered by the Home Office in the United Kingdom.

If you are in the Channel Islands or the Isle of Man, you should send them to the Lieutenant Governor.

If you are in a dependent territory send them to the governor.

If you are elsewhere, send them to:

Department 1 UKVI The Capital New Hall Place Liverpool L3 9PP

59. You must make your application in this way. 60. By law, the date of your application will be the date on which it is received by the as authority

shown above, not the date on which you send it. It is not advisable to post your application to the Consulate-General as you are about to leave Hong Kong, because it may not be received before your departure. In these circumstances your application would not be valid.

AFTER YOU HAVE SENT IN YOUR APPLICATION CHANGES AFTER YOU SEND IN YOUR FORM 61. The declaration at the end of the application form includes an undertaking to tell the Home

Secretary if any changes occur which affect the accuracy of the information you put on the form. It is important that you do this while your application is being considered. It may remind you to do this if you take a copy of your completed application form.

62. Please remember to notify any changes of address or telephone number in writing,

quoting your application's reference number, if known.

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WAITING TIMES 63. All applications will be dealt with as quickly as possible. It is possible that some

applicants will need to provide more details about their applications and may be asked to attend an interview.

CERTIFICATE OF REGISTRATION 64. If you are successful you will normally be invited to collect your certificate of registration from

the British Consulate General in Hong Kong in person, and you will need to have with you satisfactory evidence of your identity, preferably your Hong Kong Permanent Identity Card (if you have one). But a certificate may be withdrawn if it is found to have been obtained by fraud, false representation or the concealment of any material fact.

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