A YOUNG businessman who has held a British National overseas passport since he was a child, has been refused leave to remain in Scotland because he has been out of the country for too long over the past decade – including two spells caused by family bereavements.
The Home Office told Johnny Chiu that his time away “could have been better managed” to allow him to meet the rules, which stipulate that he is allowed a maximum 540 days in a 10-year period.
His lawyer, Usman Aslam, described the decision as “appalling”.
The 26-year-old, who was born in Hong Kong when it was still a British colony, became fascinated by the UK during his time at boarding school and later, at university in Edinburgh.
He told The National he was not allowed to stay at school over the summer holidays, so had to return to Hong Kong: “Being the only person in my immediate family in this country, it seemed rational for me to travel back to Hong Kong to unite with my family during these long holidays.
“Even though I knew that I wanted to live in this country for the rest of my life as a child, I did not realise that visiting family back home during holidays would restrict me from living here in the future.”
Things took a turn for the worse in summer 2008, when Chiu’s father died: “It was devastating for our family both emotionally and financially, since my mother hadn’t been working since I was born. On top of making arrangements for the funeral, we found ourselves involved in a family court case that lasted for almost three years.”
Legal worries continued for his mother when he and his brother returned to the UK to study, but both had to return several times to care for her.
Chiu then studied in Edinburgh, and travelled around Europe during holidays. After graduating in 2016 with an economics degree, he planned to decide his future in Scotland over the following two years, but tragedy struck a second time.
“I planned on not leaving UK but unfortunately my grandfather was very sick in Beijing and eventually passed away,” he said.
“I had to return to Beijing to be with him and also to arrange funeral and comfort my grandmother. But the Home Office did not take this into consideration again, simply refusing my application because I went over on days absent.”
Chiu, who has a job, owns property in Scotland and is self-sufficient, added: “I am applying because I love this beautiful country and the people … and I believe that I belong here.”
Aslam said: “It is rather appalling that Johnny is in this situation. He is a British National (Overseas) Citizen which on the face of it sounds as if he will have more entitlements in the UK. However, the Home Office are of the view that he should return to Hong Kong and live there, despite having lived in the UK since he was a child.
“McGlashan MacKay were in court for a case with the same facts recently. We won the appeal, but during the submissions, we pointed out to the judge that given Hong Kong was essentially the UK at the time the appellant was born, the reality is that the appellant was just as British as any Home Office personnel. In our argument it is the same for Johnny.”
Chiu’s MP, Labour’s Ian Murray, told The National: “Mr Chiu contacted me last week to make me aware of his complicated case and I have been awaiting further detail from him on the Home Office decision. I will be supporting him in raising this directly with the Home Secretary and will of course be pressing for his appeal to be successful. I will continue to provide the support that Mr Chiu requires.”
A Home Office spokesperson said: “Our guidance is clear that individuals applying to settle in the UK under long residency must have been in the country legally for 10 years.
“During their continuous residence, applicants are entitled to have spent up to 540 days out of the UK for a maximum of 180 days at a time.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel