I was born in England and hold a full British Citizen Passport while my wife holds a British National (Overseas) Passport. My wife is ethnically Chinese and she was born in Hong Kong when it was under British Rule.
We got married in England in August 1991 but have lived together continuously since our marriage in Hong Kong.
I moved to Hong Kong in 1990 and I met my wife while at university in UK in 1988. We attended the same UK University. However, our whole married life has been in Hong Kong. We also have two children who were born in Hong Kong – but they hold full British Citizen Passports by virtue of their British Citizen father.
On 31st December 1991 the Hong Kong Immigration Department (when Hong Kong was under British rule) wrote to my wife to say on behalf of the UK Home Secretary she is eligible to apply for entry clearance to settle in the UK with her British Citizen spouse at any time. This letter stated she is on the register of non-British-citizen spouses of British citizens.
Apart from vacations, the only official times my wife has left Hong Kong were to take a degree course in England and later to get married.
1988 - 1989 (1 year) degree conversion course in UK, BEd(Hons)
1991 (1 to 2 months) Marriage in UK
On the basis on this letter authorized by the UK Home Secretary I would like to ask if she falls into the category mentioned in the Immigration Directorate Instructions, Chapter 8 – Family Members, Section 1 Spouses as a person making an application before 9 July 2012 which were not decided before that date.
In particular, because she lived with a British Citizen husband for more than 4 years while Hong Kong was under British rule, is she eligible for the rare endorsement Settlement Spouse/CP under Annex A 2.6 granting indefinite leave to enter to UK.
(1) Our marriage was in England and so no question that our marriage is valid.
(2) She has a degree from a UK university – so she does not need to pass an English test
(3) She holds a British National (Overseas) Passport (BNO) and so does not need to take the KOL Knowledge of Life (Living in UK) Test.
We now wish to move to live in the UK permanently with our two children. On the above basis should my wife be applying for the Settled spouse/CP visa which grants her indefinite leave to enter UK. Then after living in the UK for 12 months can she then naturalize as a UK citizen and hence obtain a full British citizenship passport?
Some relevant information to help understand the letter my wife has can be found at following link:
I hope somebody is up to the challenge of answering my question?