On 29 January 2021, China declared that it would no longer recognise the British National Overseas (“BNO”) passport as a valid travel document or proof of identity from 31 January 2021.
Hong Kong’s government said that the change also meant that the BNO passport “cannot be used for immigration clearance”.
The move has largely been seen as an act of retaliation to the introduction by many countries of routes to residency following the roll-out of Beijing’s national security law in June 2020. The law has since been used to arrest hundreds of Hong Kong citizens, many of whom are outspoken critics of Beijing’s encroachment on Hong Kong’s autonomy as a Special Administrative Region of the People’s Republic of China.
It is no coincidence that the change in policy by Beijing came into effect the same day that the UK’s Hong Kong British National (Overseas) visa route opened, potentially offering an estimated three million Hong Kong residents a route to British citizenship. Following China’s announcement, the Home Office has confirmed that BNOs will be able to use documentation other than the BNO passport itself to take up the visa.
The implications of Beijing’s new approach to BNO passports are yet to be seen, in part due to the travel restrictions in place across most of the globe as a result of the COVID-19 pandemic. When China warned last year that it may end recognition of BNO passports, it stated that it would mean BNO holders would not be able to travel to mainland China. However, since following through with the decision, many have described it as largely symbolic, since most Hongkongers are also Chinese nationals and so would not need BNO passports to travel to and from Hong Kong. In 2016 (when the last national census was carried out), 90.6% of the population were of Chinese nationality, domiciled in Hong Kong. A further 1.7% were of Chinese nationality but domiciled elsewhere.
Permanent residents of Hong Kong who hold Chinese citizenship are issued with a Hong Kong Special Administrative Region passport, as has been the case since the transfer of sovereignty over Hong Kong from the British to the Chinese in 1997. Entitlement to a Hong Kong Special Administrative Region passport is not precluded by also holding a British National (Overseas) passport.
Strictly speaking, China does not permit dual nationality. Article 9 of China’s Nationality Law states that: “Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free shall automatically lose Chinese nationality”.
However, in practice, the law is enforced at Beijing’s discretion depending on the facts of the individual case. It is often in China’s interests for citizens who take up another nationality to also remain Chinese, since it allows China to retain more control over such individuals. Furthermore, China does not recognise a BNO passport as conferring on the holder a foreign nationality. However, it is possible that those who do choose to migrate to the UK using the Hong Kong British National (Overseas) visa route and eventually naturalise as British citizens could lose their Chinese citizenship as a result. It is likely that whether this happens in each individual case will depend on the interests of Beijing.
When announcing the policy, China added that it would “reserve the right to take further measures”.
Gherson has extensive experience in all aspects of UK immigration law and can assist those individuals wishing to relocate to the UK under the BNO visa route. If you have any queries relating to the blogs published on our site or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for further advice.
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