HK parents, born in Europe, various questions!

[Gatts]

Ok, I'm born in Holland and 26 years old. At the time of my birth my father and mother were HK permanent residents (and still are), but live now in Europe.

I've heard,and confirmed by the immigration department I'm entitled for residency (the kind were if you leave HK for more then 3 years, this residency cancels and you have to apply again. How is it called BTW?).

I've heard from some friends who are in the same situation that they got their applications refused for some reason. The immigration officers told me it was possible. So isnt this just a yes or no question. I'm very confused.

I went to Wanchai myself to sort this out: the first officer told me I had to give them a copy of my fathers HK ID card and my birth certificate. Upon talking with an other officer he told me I had to have the marriage and divorce papers of my parents. They were divorced in Europe so the papers are not even in English. Why do they need these divorce papers what has that to do with my right to residency? Why do two officers ask for different papers?

Anyway a lot of questions I know. I am entitled to residency but how can I get it? And how can they refuse some people who are entitled to it?

Thanks!

[Gatts]

I just want to understand how this procedure works. I'm not saying i "deserve" it or anything. That would be arrogance. But if people tell me it is possible I only want to understand the underlying procedures, that's not too much to ask I guess.

[Emigra]

With such cases the immigration department is trying to paint a picture of your current situtation as there are a number of items to consider and if one is out of place then a case may be accepted or not.

If you would like me to evaluate your case please send me a pm with your email address.

[lybenben]

This depends on whether or not you 're Chinese citizen

1) If you're a Chinese citizen when you were born, and that your parents were both Chinese citizens when you were born (as recognised by the Chinese government and Chinese law)- then you are a PR in HK.

2) If you're non- Chinese, since you were born before 1997, it would depend on whether you have had the status of the Hongkong "British Dependent Terrorities Citizen" status (this would depend on whether your parents had such status). If so, then you would either be a PR in Hongkong (if you haven't left HK for over 36 months continuously),
or you can have the RIGHT TO LAND in HK (essentially the same as PR, but you may be deported if you commit a seirous offence, for instance)

In any case, you should have residency status in HK. (But note the question of British Dependent Territories Citizen status- you should consult your parents about this, if you do not already know)