Ad-Hoc Query on naturalisation provisions for co-ethnics (nationals of the same ethnic origin) Requested by GR EMN NCP on 17 th July 2012

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1 Ad-Hoc Query on naturalisation provisions for co-ethnics (nationals of the same ethnic origin) Requested by GR EMN NCP on 17 th July 2012 Compilation produced on 21 st November 2012 Responses from Austria, Belgium, Bulgaria, Czech Republic, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom (19 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information The Citizenship Department of the Greek Home Ministry is interested in finding out MS practices regarding the existence of co-ethnics (citizens of foreign countries that may be permanently residing abroad, but are of the same ethnic origin as the citizens of the country in reference) and the relative naturalization procedures. For example Greek ethnics, are considered to be those, who despite the fact that they might be permanently residing abroad, have special ties with Greece (relation with diaspora communities, existence of Greek ancestors, good command of the Greek language, familiarity with Greek customs, etc). We will very much appreciate receiving your responses by 6 th August Does your country discriminate between nationals of certain countries or origin? If yes, on what grounds? 1 of 13

2 2. According to your state law, do you grant citizenship to foreigners that permanently reside abroad, irrespective of their intention of repatriation, on the grounds that they are of the same ethnic origin? 3. If yes, please shortly describe a) the prerequisites b) the procedure and c) which is the final decisive authority? 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes 1 No, Belgium does not discriminate on basis of nationality or country of origin No Bulgaria Yes 1. TCNs who can prove their Bulgarian origin enjoy some advantages regarding access to labour market, education, citizenship etc. The State Agency on Bulgarians Abroad (SABA) issues a Certificate for Bulgarian origin to those, who have the necessary proofs of their origin. This procedure is separate from the one for granting of Bulgarian citizenship and precedes it. 2. Yes. 3. a) They have: - attained the age of 18 years; (In respect of children who have not attained the age of 14, the application shall be submitted by the parents or tutors thereof, and in respect of children who have attained the age of 14 but have not attained the age of 18, the application shall be countersigned by the parents or curators thereof.) - not been sentenced by a Bulgarian court for a premeditated offence at public law, and is not subject to criminal proceedings for such an offence, unless the person has been rehabilitated; - to present the certificate of Bulgarian origin. The certificate shall refer to the facts underlying the attestation of the Bulgarian origin. b) The application must be submitted in person either via Bulgarian Consulates or Embassies in the respective country or in Sofia, in the Ministry of Justice. The application should contain all necessary documents (like birth certificates, criminal record, health status). The applicants are interviewed. All applications are passing through the Citizenship Council at the Ministry of Justice, where all involved institutions are represented the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Regional Development and Public Works, the Ministry of Labour and Social Policy, the Ministry of Health, the State Agency for National Security, 2 of 13

3 the State Agency for Bulgarians Abroad and the State Agency for Refugees. This Council gives recommendation to the Vice-President of Bulgaria. Czech Republic Yes 1. No. c) According to the Constitution of the Republic of Bulgaria, the final decision for granting Bulgarian citizenship is taken by the President of the Republic of Bulgaria. The President has the right to delegate some of his prerogatives to the Vice-President. In Bulgaria, the citizenship granting is delegated to the Vice-President of the Republic of Bulgaria, who takes the final decision and signs the final document. 2. No. 3.Not applicable Germany Yes 1. Regarding the naturalization the German citizenship law refers on the membership of a nationality. 2. Reference is made to the answer to question 1. Moreover a stay of up to 6 months abroad is not considered as interruption of the stay in Germany, also if the return is made within a prescribed period. 3. The requirements for naturalization are regulated in the Nationality Act. For the implementation of the naturalization process, the federal states are responsible, in particular the naturalization and immigration authorities. Greece Yes 1. Yes, on the grounds of cultural affinity. Greeks of ethnic origin (or Greek ethnics) are those, who irrespective of the place of their permanent residence, have special ties to Greece (e.g. they belong to the Greek diaspora communities, they have Greek ancestors, they speak the Greek language, they are familiar with the Greek culture and customs, etc) 2. Yes. 3. The application is submitted to the Greek Consulate of the area of the applicant s residence. The Consul makes a report that fully describes and confirms the applicant s status as a co-ethnic. The report together with the rest of the necessary documents (passport, birth certificate and criminal record) are forwarded to the Greek Home Ministry, which reaches the final decision, after taking into consideration the opinion of the Ministry of National Order and Security regarding issues of public order and security. Hungary Yes On 26 May 2010 the Hungarian National Assembly approved with an overwhelming majority the amendment of Act LV of 1993 on Hungarian citizenship and introduced a simplified naturalisation procedure. 3 of 13

4 The arrangement introduced by this amendment is familiar and applied increasingly frequently in various countries both in and outside the European Union. The pre-amendment version of the Hungarian Citizenship Act also granted preferential acquisition of Hungarian citizenship. As has been the case so far, the procedure shall commence upon individual request, with Hungarian authorities processing each application in the context of a well regulated procedure. This new regulation has simplified the procedure and reduced the administrative bur-den. Every non-hungarian citizen is eligible for preferential naturalisation if - he or any of his ancestors was a Hungarian citizen or if he serves reason to believe his or her origin is from Hungary, - he proves his knowledge of the Hungarian language, - he has no criminal record and is not under prosecution, - his naturalisation does not violate the public and national security of Hungary. Simplified naturalisation does not mean that a citizen automatically becomes an elector. Suffrage is subject to a registered residence in Hungary. The simplified procedure does not automatically provide a Hungarian passport; every citizen must apply for one in a special procedure after acquisition of citizenship. Simplified naturalisation is merely a possibility. To apply for citizenship is a matter of individual discretion. Applications for naturalisation may be filed with - any Hungarian registrar, - any regional directorate of the Office of Immigration and Naturalisation, or - any consular officer at Hungary s foreign diplomatic missions. Applications shall be adjudged by the President of the Republic on recommendation of the Minister of Public Administration and Justice Italy Yes 1. No, in Italy no distinction is applied. However, a special provision was introduced with Law no. 124 of 8 March 2006, providing for recognition of Italian citizenship for Italian nationals resident in Istria, Fiume and Dalmatia from 1940 to 1947, whose property was confiscated and ceded to the Yugoslav Republic by the Treaties of Paris of 10 February 1947 and Osimo of 10 November 1975, and their eligible descendents (a similar provision in 2000, valid until 2010, concerned persons born and formerly resident in territories which belonged to the former Austro-Hungarian territories under Empire before 16th July Law 379/2000). 2. Yes. Italy grants citizenship to Italian emigrants descendants that permanently reside abroad, irrespective of their intention of repatriation. Article 1 of Law n.91/1992 reaffirms the principle of "jus sanguinis" (continuity of blood), by which any children born of an Italian father/mother instantly inherit the Italian citizenship. Moreover, the possibility to obtain Italian citizenship is also granted to eligible descendants of Italian emigrants belonging to following generations. 4 of 13

5 3. Acquisition of citizenship is still regulated by Law no. 91 of February 5, 1992, at a time when Italy still considered itself a country of emigration, rather than of immigration. Determination and recognition of Italian citizenship to an alien that permanently resides abroad and is unwilling to repatriate is subject to the demonstration by the applicant that his/her direct ascendants uninterruptedly maintained their Italian citizenship. The power to make this determination is the Authority with jurisdiction over the place of residence of the applicant, namely the Italian Consular Authority for that jurisdiction. The Italian citizenship is granted by birth through the paternal line (with no limit on the number of generations) or through the maternal line (for individuals born after January 1, 1948). Latvia Yes 1. Foreigners of Latvian ethnicity can apply for Latvian citizenship according with the conditions set in the Citizenship Law, regardless of his/her country of origin. 2. Currently Latvian legislation does not grant citizenship to the foreigners of Latvian ethnicity whose permanent residence place is abroad. Citizenship is granted to the foreigner of Latvian ethnicity, if his/her permanent place of residence is in Latvia, he/she does not have citizenship (nationality) of another state, or she/he has received an expatriation permit from the state of their former citizenship (nationality). 3. According to the planned amendments to the Citizenship Law it is planned to grant the citizenship to the foreigners of Latvian ethnicity whose permanent residence place is outside Latvia and who can prove that their ancestors used to live in the territory of Latvia and that they speak Latvian. Lithuania Yes 1.Yes, based on the grounds of ethnicity and formely held citizenship (irrespective of whether a person is permanently resident in the Republic of Lithuania or in any other state): A person of Lithuanian descent who has never held citizenship of the Republic of Lithuania has the right to acquire citizenship of the Republic of Lithuania under the simplified procedure provided (s)he is not a citizen of another state (naturalisation provisions then are not applied). A person who held citizenship of the Republic of Lithuania before 15 June 1940 (the date when the Soviet Union occupied Lithuania) and his/her descendants have an indefinite right to reinstate citizenship of the Republic of Lithuania provided they are not citizens of another state (but the law foresees exceptions when they may be citizens of both the Republic of Lithuania and another state at the same time). 2. Yes. 3. Persons residing abroad submit their applications relating to citizenship through diplomatic missions and consular posts. When the simplified procedure is applied, the Citizenship Commission (set up by the President of the Republic of Lithuania) preliminarily considers applications and put forward proposals to the President and the President takes decisions (a person who has been granted citizenship must take a public and solemn oath of allegiance to the Republic of Lithuania). 5 of 13

6 Regarding the reinstatement procedure, the Migration department under the Ministry of the Interior examines applications for the reinstatement of citizenship and the Minister of the Interior takes decisions. Luxembourg Yes 1. No. There is no discrimination based on the nationality of the applicant for the Luxemburgish nationality. 2. Yes. The Law on the Luxemburgish nationality foresees a procedure where foreigners can claim or recover the Luxemburgish nationality (see articles 14, 29, 31 of the Las of 23 October 2008 on the Luxemburgish nationality). The law foresees three different categories: a) a foreigner who was Luxemburgish at birth and then lost the Luxemburgish nationality (article 14); b) foreigner who had one direct maternal or paternal grandparent who was Luxemburgish on 1 January 1900 (article 29); c) Luxemburgish women who have lost their Luxemburgish nationality because they acquired the nationality of their spouses or because their husband had acquired a foreign nationality that had benefit the entire household (article 31) 3.Conditions: a. Category a: The applicant must fulfil the following legal conditions: Possess Luxembourgish status by origin prior to losing its Luxembourg nationality. Have reached 18 years of age. Attach the required documents 1 Meet the requirements of good repute 2. b. Category b: The applicant must fulfil the following legal conditions: Have a grandparent (male or female) who possessed Luxembourg nationality on the date of 1 January 1900, and be a descendant in a direct paternal or maternal line of this grandparent. The applicant can go back through each generation via the paternal or maternal line to establish whether he or she is the descendant of a grandparent who possessed Luxembourg nationality on the date of 1 January These documents are: 1. A certificate issued by the Office in Charge of Luxembourg Nationality (Service de l indigénat) of the Ministry of Justice stating that the applicant possessed Luxembourgish status by origin prior to losing his or her Luxembourg nationality. 2. The birth certificate of the applicant, issued by the civil registrar of the competent municipality. 3. If applicable, the birth certificates of any minor children of the applicant, issued by the civil registrar of the competent municipality. 4. A biographical questionnaire. 5. A certified true photocopy of the passport of the applicant. 6. An extract from the Luxembourg police records, issued by the Department of Police Records (Service du casier judiciaire) of the Public Prosecution Office (Parquet général). 7. Similar police record documents if the applicant has resided in a foreign country. These documents are to be issued only by the competent authorities of the country of origin and the previous countries of residence in which the applicant has resided from the age of 18 onwards during the 15 years preceding the submission of the application. 2 Re-acquisition is refused to the applicant: if, during the course of his or her application for re-acquisition, he or she has made false statements, concealed important facts or acted fraudulently; if he or she, either in the country or abroad, has been sentenced for a criminal offence or received a custodial sentence of one year or more, and the facts underlying the sentence by a foreign jurisdiction also constitute a criminal act under Luxembourg law and, if applicable and without the benefit of rehabilitation, the sentence has been definitively served less than 15 years prior to the submission of the naturalisation application. 6 of 13

7 Have reached 18 years of age. Meet the requirements of good repute 3. c. Category c: The applicant must fulfil the following legal conditions: To have lost the status of Luxembourger prior to 1 July 1975 through having acquired, as a result of her marriage or of her husband having acquired a foreign nationality, without any manifestation of will on her part, the foreign nationality of her husband. The claimant can have possessed Luxembourg nationality either by origin or through voluntary acquisition (naturalisation or option) 2. Procédure: a. Category a : the applicant must : personally submit the re-acquisition file to the municipality of his or her place of residence. In the event of the applicant residing abroad, the fi le must be submitted to the municipality of his or her last place of residence in Luxembourg or, failing such, to the municipality of Luxembourg City; sign a declaration of re-acquisition before the civil registrar. Provided the legal conditions are met and all the documents required are included in the file, the civil registrar records a declaration of reacquisition. He or she transmits the file, directly and immediately, to the Ministry of Justice. Malta Yes 1. Foreigners residing abroad who prove that they are of Maltese descent may claim Maltese citizenship. 2. In accordance with Maltese citizenship legislation, a person born outside Malta who proves that he is of Maltese descent, may submit an application to be registered as a citizen. 3. The person concerned is required to provide documentary evidence that s/he is the descendent of an ancestor who was born in Malta and one of the parents of the said ancestor was also born in Malta. Furthermore one of the parents of the applicant should have at any point in time been a Maltese citizen or if s/he was deceased had the right also to acquire Maltese citizenship by descent - if such link is broken the person concerned cannot claim Maltese citizenship on the basis of such provisions. The person concerned is requested to submit an application which is in a prescribed form by the relative legislation. Once it is ascertained that the documentation furnished provides evidence of the said link, the person is registered as a citizen of Malta. The Minister responsible for citizenship matters is the final decisive authority. In view that once the documentation is provided the matter becomes a mere formality, such authority has been delegated to the Head of the Department for Citizenship. 3 See footnote 3 7 of 13

8 Netherlands Yes 1.Yes, on grounds of Dutch ancestry 2. Yes 3. The foreigner who was born before January 1st, 1985 to a mother who at the time of his birth was a Dutch citizen, while at the time of that birth the father was not a Dutch citizen. This person may not have acquired Dutch citizenship by option before. Procedure: Option for Dutch citizenship. The application is submitted to the head of the Dutch diplomatic or consular post. The head of the post checks if the necessary documents (birth certificate, passport, criminal record) are complete and satisfactory and makes the final decision. The head of the post informs the applicant about the confirmation of his acquisition of Dutch citizenship. The declaration of acquisition of Dutch citizenship is then presented to the applicant during a ceremony. Portugal Yes 1. In Portugal there are no legal differentiation grounded on ethnic origin. However, nationality could ground different legal treatment, as stated by the Constitution, as subject to reciprocity, broader rights may be granted to citizens from Portuguese speaking countries, except for the positions of President of the Republic, President of the Parliament, Prime Minister and President of the Supreme Courts, as well as holding military posts and diplomatic posts all reserved to Portuguese nationals. 2. Portuguese nationality may be granted by naturalization to persons who descend from Portuguese nationals, that were born abroad, provided the applicant has at least one ancestor in second degree of kindred in direct line and who did not loose the Portuguese nationality, in case the following prerequisites are fulfilled: a) to be of age or emancipated in the eyes of the Portuguese law; b)to have sufficient knowledge of the Portuguese language; c) not to have been convicted in res judicata, for committing a crime punishable with three or more years of imprisonment according to the Portuguese law. 3. The application to acquire the Portuguese nationality on grounds of naturalization may address to the Minister of Justice, and deliver it to one of the following entities: Branches of the Central Registers attached to other public departments, Civil Register Offices (Conservatórias do Registo Civil); Portuguese Consular Services or sent by post to the Central Registers (Conservatória dos Registros Centrais). The necessary documents are: Birth Certificate; Birth Certificate of the [relevant] ancestor in second degree of kindred in direct line, and of the parent who descends from that ancestor; Documental proof that the applicant has sufficient knowledge of the Portuguese language; Certificate of criminal records issued by the Portuguese services, by the Country of origin and residence, and by other Countries where the applicants may have lived before. Slovak Republic Yes 1. Yes, on the ground of Slovak origin. 2. Yes, but only to former Slovak or Czechoslovak citizens. 8 of 13

9 3. The nationality of the Slovak Republic shall be granted by the Ministry of Interior of the Slovak Republic (hereinafter referred to as the ministry ) upon written application for nationality of the Slovak Republic. Applications for nationality of the Slovak Republic shall be filed in person at the district authority in the seat of a region, at a diplomatic mission or at a consular office of the Slovak Republic according to the applicant s residence. The application together with the rest of the necessary documents (brief curriculum vitae, proof of identity, birth certificate, marriage certificate, certificate of divorce, certificate of no criminal record and other relevant documents according to the Act No. 40/1993 Coll. on nationality of the Slovak Republic in the following wording (hereinafter referred to as the act )) are forwarded to the ministry, which reaches the final decision. The ministry shall ask the Office of Prosecutor General of the Slovak Republic for a copy of the criminal register related to the applicant for nationality of the Slovak Republic. In the proceedings on application for granting the nationality of the Slovak Republic, the ministry will ask a special department of the Police Forces for an opinion, and if necessary, also the Slovak Intelligence Service and other affected state authorities. In the proceedings on application for granting the nationality of the Slovak Republic, the ministry shall reflect public interest, including, without limitation, the security viewpoint, as well as the opinions of the Police Forces, the Slovak Intelligence Service and other affected state authorities. Applicants whose former Czechoslovak nationality ceased or who lost Czechoslovak nationality due to long-term absence pursuant to Art. 31 and 32 of the Legal Article L of 1879 on acquisition and loss of Ugrian nationality or by entering into marriage pursuant to Art. 34 of the Legal Article L of 1879 on acquisition and loss of Ugrian nationality, or pursuant to Art. 2 of the Act no. 102/1947 Coll. on acquisition and loss of Czechoslovak nationality by marriage, or pursuant to Art. 5 of the Act no. 194/1949 Coll. on acquisition and loss of Czechoslovak nationality, or pursuant to Art. 13(1) of the Act of the Slovak National Council no. 206/1968 Coll. on acquisition and loss of nationality of the Slovak Socialist Republic, or pursuant to international treaties, can be granted the nationality of the Slovak Republic without fulfilling the condition of permanent residence on the territory of the Slovak Republic. Applicants who lost the nationality of the Slovak Republic pursuant to Art. 14(1) of the Act of the Slovak National Council no. 206/1968 Coll. on acquisition and loss of nationality of the Slovak Socialist Republic or pursuant to Art. 6 of the Act no. 194/1949 Coll. on acquisition and loss of Czechoslovak nationality can be granted the nationality of the Slovak Republic without fulfilling the condition of permanent residence on the territory of the Slovak Republic. The ministry will decide on the application for nationality of the Slovak Republic within 24 months from the delivery of the application for nationality of the Slovak Republic to the ministry. Shall opinions of other state authorities be required to issue a decision, and shall the decision be dependent on such opinions, the period for decision on granting nationality of the Slovak Republic according shall not pass from the request for the opinion until the delivery thereof to the ministry. 9 of 13

10 Slovenia Yes 1. Yes, on the ground of ethnic origin. Slovenians of ethnic origin are those, who irrespective of their origin citizenship and/or place of their permanent residence can prove that they are Slovenian origin through at least one of both parents up to 3 3h generations in family line (grandparents, grand-grandparents). Applicant can prove his/her Slovenian origin by birth certificate or any other document in which is official described that his/her ancestor is Slovenian origin (Slovenian nationality) 2. Yes, the Article 13 of the Citizenship Law. 3. a) Prerequisites are the following: issue of public order and security, no criminal record and maintaining ties with Republic of Slovenia (member of the Slovenian community in the country, member of the Slovenian Cultural Association, etc). b) The application is submitted to the Slovenian Consulate of the area of the applicant s residence. The Consul forwards documents (passport, birth certificate and criminal record) to the Slovenian Ministry of the Interior. c) final decision is taken by the Ministry of the Interior. Spain Yes 1. Spanish legislation establishes a special regime of acquisition of citizenship (2 years of residence instead of the general rule of 10 years) for nationals of Latin American countries historically linked with Spain or Portugal, Andorra, the Philippines, Equatorial Guinea and Portugal. The reasons for this choice are the special links which they all have with Spain (whether due to geographic or social proximity or to linguistic, historic and cultural reasons). According to Article 22 of the Spanish Civil Code: Sweden Yes 1.No 1. Granting of nationality pursuant to residence shall require ten years residence. Five years shall be sufficient for persons who have obtained asylum or refugees, and two years for citizens by birth of Latin-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, or for Sephardic Jews. 2. One year s residence shall be sufficient for: a) A person born within Spanish territory. b) A person who has not exercised his option right in due time. c) A person who has been legally subject to guardianship, custody or care by a Spanish citizen or institution for two consecutive years, even if such situation should persist at the time of the application. d) The person who, at the time of the application, has been married to a Spaniard for one year and is not legally or de facto separated. e) The widow or widower of a Spaniard if, upon the death of the spouse they should not be legally or de facto separated. f) The person born outside of Spain from a father or mother who was originally Spanish. 3. No, Spain does not grant citizenship to foreigners that permanently reside abroad on the grounds of the same ethnic origin. 2. No only children to a mother with Swedish citizenship can become Swedish citizens (regardless of where they are born). Otherwise 10 of 13

11 you have to live in the country for a certain period of time in order to be entitled to Swedish citizenship. 3. United Kingdom Yes 1. No. There is domestic anti discrimination legislation that the UK Border Agency abides by. 2. Citizenship is not granted on the basis of someone s ethnic origin. In terms of residence, those who wish to naturalise as a British citizen under section 6 of the British Nationality Act 1981 (the Act) are required to meet a number of residential requirements in order to demonstrate their commitment and connection to the UK. In addition, those applying to naturalise under section 6(1) of the 1981 Act are required to satisfy the Secretary of State that their future intentions lie in the UK also. However, the Act also contains some registration provisions that do not require a period of residence in the UK. 3. There are a number of provisions within the act where people are able to register as British citizens, even though they may not have resided in the UK. Registration as a British citizen under section 4C of the Act Section 4C of the Act applies to a person born before 1983 who would have become British citizens, had women been able to pass on citizenship in the same way as men. Persons are entitled to registration under s.4c of the British Nationality Act 1981 if they were born before 1 January 1983; and would have become a citizen of the United Kingdom and Colonies by descent if women had been able to pass this citizenship on to their children in the same way as men at the time of your birth; and would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if they had become a citizen of the United Kingdom and Colonies; and are of good character. It is important that an applicant meets all of these requirements. An application in this category will not be successful unless the applicant would automatically have become a British citizen on 1 January 1983 if women had been able to pass citizenship on before that date. Applications under section 4C are made using form UKM. The decision is made by officials of the UK Border Agency exercising powers conferred by the 1981 Act. Further information on these provisions can be found in Chapter 7 of the Nationality Caseworking Instructions. This chapter can be accessed using the UKBA website via the following link: Information on the application form and process for this category can be found via the link below, 11 of 13

12 Registration as a British citizen under the Act by those who have a type of British nationality and no other citizenship A person can also register as a British citizen under the Act if s/he is a British Overseas Citizen, a British protected person, British National (Overseas) or a British subject who has no other nationality. Applicants under this category must be: a British overseas citizen; or a British protected person; or a British National (Overseas); or a British subject. And must not hold any other citizenship or nationality. have given up any citizenship or nationality; or lost any citizenship or nationality by action or inaction. Applications in this category are made on Form B(OS). Further information can be found on the requirements and application process via the following link: Registration as a British citizen by those with a connection to Gibraltar British citizenship can also be obtained by a British overseas territories citizen who is a United Kingdom national for European Community purposes because of a connection with Gibraltar. In order to have connections with Gibraltar, your mother or father must have been: born in Gibraltar; or naturalised in Gibraltar; or registered in Gibraltar as a British overseas territories citizen; or registered in Gibraltar as a citizen of the United Kingdom and Colonies before 26 February Applications in this category are made on Form G and are decided by the Governor of Gibraltar. Further information on the necessary requirements and the application process can be accessed by the following link: Registration as a British citizen under the British Nationality (Hong Kong) Act 1997 There are also provisions for registering as a British citizen without the need to have resided in the UK based on other legislation outside the Act. One such provision is registration through the British Nationality (Hong Kong) Act There are two requirements you need to meet to be eligible for registration as a British citizen under this legislation. 12 of 13

13 The ordinary residence requirement, to meet this requirement you must: be ordinarily resident in Hong Kong on the date of your application; and have been ordinarily resident in Hong Kong on 3 February The nationality requirement, to meet this requirement, on the relevant date, you must have been: a British Dependent Territories citizen by virtue only because 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; and you must not have held any other non-british nationality. Applications in this category are made on Form EM. Further information regarding the application process can be found via the following link: ************************ 13 of 13