China Not China
Immigration issues for students from
China, Taiwan,
Hong Kong and Macau.
Andrew Humphrey and Brent Ho
China Not China: basics
• 1 or 2 countries, depending who is
counting
• Four passports
• Sorry, five passports including British
National (Overseas)
• Maybe six, if you count Taiwan
passports without an ID card number
China Not China
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Formal name: Republic of China
Usually known as: Taiwan
Capital city: Taipei
Nationality: Taiwanese
Currency: New Taiwan dollar
Population: 23.37 million (Dec 2013)
Official language: Chinese (Standard
Mandarin)
China Not China
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Peoples’Republic of China
China
Beijing
Chinese
Renminbi
1.357 billion (2013)
Chinese
China Not China
• The Hong Kong Special Administrative
Region of the People's Republic of China
• Hong Kong
• No capital – it is a city
• Chinese with a HK passport, or British
National (Overseas)
• Hong Kong Dollar
• 7.235 million (2014 estimate)
• Mandarin, English, Cantonese
China Not China
• The Macau Special Administrative Region
of the People's Republic of China
• Macau
• No capital
• Chinese with a Macau passport
• Macanese pataca
• 640,700 (2015 estimate)
• Chinese, Portuguese
History and background
Late 16th century
Island of Macau settled as a Portuguese colony
1842
City of Hong Kong became a British colony
1912
The Republic of China established.
1930-1970
1930s, 1940s
Two Sino-Japanese wars, and Chinese Civil War
Japanese occupation of Hong Kong ‘41-’45
1949
Most of territory of Republic of China taken over by
Mao. Island of Taiwan remains as the Republic of
China. No formal contact or relations between “the
two Chinas” for over 50 years.
1950s, 1960s
English-speaking world distnguishes
between “Free China" and “Red China".
1970-2000
1971
Taiwan (ROC) gives up “China” seat at UN to People’s
Republic of China
1979
USA switches formal relations from Taiwan (ROC) to People’s
Republic of China
1997
UK hands back Hong Kong to China
1999
Portugal hands back Macau to China
Today
• Taiwan informally recognised by most
countries, formally only by 22
• Taiwan participates in international forums
and events as “Chinese Taipei”
• Surveys show that most Taiwanese feel they
are two separate countries, while most
Chinese do not
• Cross-Strait relations today: direct flights,
trade, cultural exchange, humanitarian aid,
yet military hostilities
China Not China: immigration
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Nationalities and passports
Short-term students and Visitors
Tier 4 applications
Police Registration
Travel in Europe
Work options after study
Advising Brent, our guest student
Nationalities
• For clarity in records, stick with China,
Taiwan, Hong Kong, Macau, BN(O)
• Taiwanese sometimes give nationality as
“Taiwan (ROC)”
• Hong Kong and Macau passport holders are
Chinese citizens
• Some Chinese passport holders identify
primarily as their ethnic nationality, eg
Tibetan, Uighur, Mongolian but we are not
going there
• Consider asking for “Passport” not
“Nationality”
Short-term student
Visitor (Standard)
• Visa national list:
Appendix V, appendix 2, paragraph 1
• British National (Overseas) not on the list
• China and Taiwan on the list, with a referral
to exceptions in paragraph 2
• Chinese national with a Hong Kong or Macau
passport
• Taiwanese national with ID card number in
the passport
Taiwan passports: ID card number
• 99.5% of Taiwan (ROC) passport holders
have the ID card number
• ID card number shows the holder’s
household registration (equivalent of Right of
Abode )
• “Nationals without household registration”
do exist: 60,000 worldwide, but not in
Taiwan.
• Wording of Immigration Rules suggest
Taiwanese with ID card number is the
exception. In fact it is the 99.5% rule.
Tier 4: “low risk” nationals
“Low risk” nationals list:
Appendix H, includes
• BN(O)
• Hong Kong
• Taiwan with ID card number
• China and Macau not “low risk”
Police registration
• Appendix 2 of the Immigration Rules
• China is on the list, Taiwan and BN(O) are not
• No mention of, or specific exception for, Chinese
nationals with Hong Kong or Macau passport
• Modernised Guidance on Police Registration, page
8 confirms: Hong Kong or Macau passport holder
“is classed as a Chinese national and needs to
register”
• Leave issued in China to non-Chinese nationals
sometimes has the condition in error
Travel in Europe
• China passport holders usually need a visa
for travel in Europe, others usually do not
• Schengen visa for Schengen area
• 31 October 2014: UK/Irish visa for Chinese
visitors. Included Student Visitor, but gov.uk
info has not been updated re Short Term
Student. VFS does not confirm either way.
• 1 July 2015: UK/Schengen visa scheme for
Chinese visitors. VFS website says for Visitor
(Standard) only.
Work options after study:
Tier 4
• Tier 4 work restriction continues until end of
leave, no limit on hours worked
• Extend under Tier 4 Doctorate Extension
scheme
• Extend under Tier 4 as a Student Union
Sabbatical officer
Taiwan and Hong Kong passport holders who
apply in the UK are “low risk”
Work options after study:
Tiers 1, 2 and 5
Other main work routes, and options for
switching, are the same for all nationalities:
Tier 2 or Tier 5 for sponsored work
Tier 1 for Entrepreneurs, High Value Migrants
• No “low risk” nationals. Tier 4 only
• As it happens, largest demographic of
migrants switching to Tier 1 (Investor) is
Chinese Tier 4 migrants under 30
Work options after study:
Tier 5 Youth Mobility Scheme
• Immigration Rules, Part 6A, para 245ZI to 245ZL
• Hong Kong, Taiwan and BN(O) passport holders
are eligible, plus 8 others
• China and Macao not eligible
• Criteria include being <30 when entering UK,
having no children. Cannot bring dependants.
• Taiwan and HK governments have ballots for
1000 certificates of sponsorship every February.
Issued July.
• No quota or ballot for BN(O)
• Alternative to Tier 4 for Taiwanese and Hong
Kong student studying <2 years
Work options after study:
Tier 5 Govt Authorised Exchange
Various schemes, including
• Broadening Horizons for “Taiwanese
teachers of Mandarin”
• International Student Internship Scheme
for “non-EU citizen that [sic] can speak
Chinese to a business level”
• Lord Chancellor’s Training Scheme for
Young Chinese Lawyers, plus 6 more
schemes aimed at Chinese nationals
Work options after study:
Tier 5 Govt Authorised Exchange
• Some limited switching from Tier 4 to Tier
5 GAE in UK
• Other work up to 20 hours a week
• Study permitted
• Full details and list of schemes at
www.gov.uk/tier-5-governmentauthorised-exchange
Advising our guest Brent
• Tier 4 leave to 22 Jan 2016, course ends
23 Sep 2015
• Interested to work in UK after studies
• Turned 25 years old on 28 June 2015
• Not interested to become a Mandarin
teacher
• Single, no children
Advising our guest Brent
Tier 4
• Can work max 20 hours a week until 24
September 2015 (end of course)
• Can work with no limit on hours from 25
September 2015 to 23 January 2016 (end
of leave)
• No self-employment
• No professional sport or entertainment
• No permanent job
Advising Brent
Switch to Tier 2 in UK
• First chance: when he has results and
sponsor has issued CoS
• Last chance: last date of Tier 4 leave
Tier 2 application in Taiwan
• First chance: when he has results and
sponsor has issued CoS
• Last chance: no deadline
Advising Brent
Tier 5 Youth Mobility Scheme
First chance: February 2016 ballot for
sponsorship, immigration application within
3 months of getting certificate
Last chance: February 2019 ballot for
coming to UK approx October 2019 (age
29).
Will you ever see a Taiwanese
student without an ID card number?
Chinese proverb:“When you go up to the
mountain too often, you will eventually
encounter the tiger.”