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Does ABC have ROA?

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  1. #11
    Emigra

    hello

    I did not read all the posts but did your parents have another nationality or were they just Hong Kong citizens when you were born?


  2. #12
    Quote Originally Posted by Emigra:
    I did not read all the posts but did your parents have another nationality or were they just Hong Kong citizens when you were born?
    Hi Emigra. My dad was already a US citizen when I was born, but my mom was holding a green card (so I guess she wasn't offically a US citizen). Does that make a difference?

  3. #13

    Join Date
    Mar 2004
    Location
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    Strawberry, easiest way round this. Ask your parents are they still Hong Kong Nationals. If they are, you can apply for ROA, if not... well you have to do it via an alternative way. Wether or not they were, when you are born isn't the issue. You need to know are they 'Currently'


  4. #14

    Join Date
    Apr 2004
    Posts
    2

    Actually, I had emailed Hong Kong immigration last year about the ROA question and they gave me a very detailed answer which I think would include your situation. I suspect that you will be considered as overseas born children of former hong kong residents having ROA before 1997, but even if you did loose ROA, you would get the RTL which allows you to work and live in Hong Kong without a visa which is like a greencard in the US, but you can be absent for as long as you want. Here it is:

    "Dear Sir/Madam,

    Thank you for your e-mail message. Due to your limited information
    given, we could not answer your questions specifically, you may fit your
    own situation into the various criteria as quoted below to see if you and
    your aunt are eligible for right of abode (ROA) in the Hong Kong Special
    Administrative Region (HKSAR).


    Hong Kong identity cards:-

    Hong Kong identity cards issued before 1 July 1987 have been declared
    null and void. If a person is holding an identity card issued after that
    date, he/she may see if there is the "A" code amongst AMZY, AFZY, etc.
    on his/her Hong Kong identity card which denotes that he/she has the ROA
    in Hong Kong. On the reverse side of it, it states "Hong Kong permanent
    identity card .......The holder of this card has the right of abode in
    Hong Kong".


    ROA in Hong Kong before 1 July 1997:-

    Generally speaking, for persons who were permanent residents of Hong
    Kong before 1 July 1997 [e.g. (i) by birth in Hong Kong before 1 January
    1983; or (ii) being a person who is wholly or partly of Chinese race and
    has as at any time been ordinarily resident in Hong Kong for a
    continuous period of not less than 7 years; (iii) being a person who was
    born overseas on or after 1 January 1983 and BEFORE 1 July 1997 to a
    parent who was born to be a British Dependent Territories Citizen, Hong
    Kong and remained such a citizen at the time of the person's birth; (iv)
    being a person who was born in Hong Kong on or after 1 January 1983 and
    BEFORE 1 July 1997 with the column of "Hong Kong permanent resident
    status" indicated as "Established", etc.], they may enjoy that status
    after the establishment of the HKSAR pursuant to the "Transitional
    Provisions" under the Immigration Ordinance.


    Furthermore, a person may acquire the ROA in Hong Kong under the law
    before 1 July 1997 if he/she is a Commonwealth citizen and who
    immediately before 1 January 1983 had the right to land in Hong Kong by
    virtue of being a British subject :-
    (a) who was born in Hong Kong;
    (b) by naturalization in Hong Kong;
    (c) by registration in Hong Kong under the British Nationality Act 1948;
    or
    (d) married or had been married to, or was a CHILD of, a person
    mentioned in (a) to (c) above.
    Under the above mentioned law, "child" means a legitimate or legitimated
    child, a stepchild and a child adopted in a manner recognized by law.


    If a person fulfils the above-mentioned law, he/she would acquire the
    ROA in Hong Kong before 1 July 1997 according to the law as then in
    force. He/She will also be able to enjoy the permanent resident status
    after the establishment of the HKSAR if he/she satisfies the
    "Transitional Provisions" of Schedule 1 to the Immigration Ordinance.
    Whether or not he/she can retain the ROA in the HKSAR as from 1 July
    1997 will depend on whether he/she is a Chinese citizen under the
    Chinese Nationality Law (CNL); or the period of the absence from Hong
    Kong if he/she is not of Chinese nationality.


    ROA in the HKSAR:-

    (1) Transitional Provisions:

    Generally speaking, for persons who were permanent residents of Hong
    Kong before 1 July 1997, they may enjoy that status after the
    establishment of HKSAR pursuant to the "Transitional Provisions" in the
    Immigration Ordinance.


    (A) Chinese citizens :
    A person who is a Chinese citizen and was a Hong Kong permanent resident
    immediately before 1 July 1997 under the Immigration Ordinance as then
    in force shall, as from 1 July 1997, be a permanent resident of the
    HKSAR as long as he remains a Chinese citizen. Such a right will not be
    lost because of physical absence from Hong Kong. In other words, he
    will not lose his status as permanent resident even if he is absent from
    Hong Kong for long periods.


    (B) Non-Chinese citizens :
    A person who is not of Chinese nationality and who was a permanent
    resident of Hong Kong before 1 July 1997 is taken to be a permanent
    resident of the HKSAR if -
    * he was settled in Hong Kong immediately before 1 July 1997;
    * after he ceased to be settled in Hong Kong immediately before 1 July
    1997 he returns to settle in Hong Kong within the period of 18 months
    commencing on 1 July 1997; or
    * after he ceased to be settled in Hong Kong immediately before 1 July
    1997 he returns to settle in Hong Kong after the period of 18 months
    commencing on 1 July 1997 but only if he has been absent from Hong
    Kong for a continuous period of not less than 36 months.


    (2) Under the new legislation of 1 July 1997:

    According to paragraph 2(a) to (f) of Schedule 1 to the Immigration
    Ordinance which has come into operation on 1 July 1997, a person who is
    within one of the following categories is a permanent resident of the
    HKSAR :-
    (a) A Chinese citizen born in Hong Kong before or after the
    establishment of the HKSAR.
    (b) A Chinese citizen who has ordinarily resided in Hong Kong for a
    continuous period of not less than 7 years before or after the establishment
    of the HKSAR.
    (c) A person of Chinese nationality born outside Hong Kong before or after
    the establishment of the HKSAR to a parent who, at the time of birth of that
    person, was a Chinese citizen falling within category (a) or (b).
    (d) A person not of Chinese nationality who has entered Hong Kong with
    a valid travel document, has ordinarily resided in Hong Kong for a continuous
    period of not less than 7 years and has taken Hong Kong as his place of
    permanent residence before or after the establishment of the HKSAR.
    (e) A person under 21 years of age born in Hong Kong to a parent who is
    a permanent resident of the HKSAR in category (d) before or after the
    establishment of the HKSAR if at the time of his birth or at any later time
    before he attains 21 years of age, one of his parents has the ROA in Hong Kong.
    (f) A person other than those residents in categories (a) to (e), who,
    before the establishment of the HKSAR, had the ROA in Hong Kong only.


    Chinese Nationality:-

    In brief, Chinese citizens include Hong Kong residents and former
    residents who are of Chinese descent and born in Chinese territory
    (including Hong Kong), notwithstanding that they hold, or have held Hong
    Kong British Dependent Territories Citizen passports, British National
    (Overseas) passports or any other foreign passports.


    If an overseas born child has acquired foreign nationality at birth and
    that his/her parents "have settled" in foreign country, he/she "WILL NOT
    HAVE Chinese nationality" in accordance with the Article 5 of the CNL
    which stipulates :-
    "Any person born abroad whose parents are both Chinese nationals
    or one of whose parents is a Chinese national shall have Chinese nationality.
    But a person whose parents are both Chinese nationals and have both settled
    abroad, or one of whose parents is a Chinese national and has settled abroad,
    and who has acquired foreign nationality at birth shall not have Chinese nationality."


    For more details on CNL, you may refer to the Internet at
    <
    http://www.info.gov.hk/immd/english/notice/4/9.htm>.

    ROA and Right to Land (RTL) :-

    As for non-Chinese citizens who had the ROA in Hong Kong BEFORE 1 July
    1997 but have not returned to settle in Hong Kong within the
    "Transitional Provisions", the Immigration Ordinance provides that if
    they return to settle in Hong Kong on or before 31 December 1998 they
    retain their right irrespective of the length of absence. Those who
    return to settle in Hong Kong after 31 December 1998 may still retain
    their ROA if, on the date of their return, they have not been absent
    from Hong Kong for a continuous period of 36 months or more, after they
    ceased to be ordinarily resident in Hong Kong. For example, if the
    person, being a non-Chinese citizen and had the ROA in Hong Kong before
    1 July 1997, last departed Hong Kong say in 31 October 1998, then he/she
    may visit Hong Kong before 31 October 2001 to retain his/her ROA in Hong
    Kong and returns every 3 years from the date of departure afterwards.
    If he/she returns beyond the time limit, then he/she may lose his/her
    ROA.


    For non-Chinese citizens and former Hong Kong residents' overseas born
    children, who have the ROA in Hong Kong BEFORE 1 July 1997 but who were
    not settled or did not return to settle in Hong Kong within the time
    permitted under the "Transitional Provisions" of the Immigration
    Ordinance [please see the above paragraph], these non-Chinese citizens
    who might lose the ROA in Hong Kong will automatically acquire the RTL
    in Hong Kong in accordance with the law. They will be able to enter
    Hong Kong freely to live, study or work without restriction. They will
    not be removed from the HKSAR but are subject to be deported from the
    HKSAR on committing serious offence. They will also be able to
    re-acquire the ROA in the HKSAR if they subsequently satisfy the
    requirements as stipulated at paragraph 2(d) of Schedule 1 to the
    Immigration Ordinance. Simply speaking, the requirements are :-


    "They have entered Hong Kong with valid travel documents, have
    ordinarily resided in Hong Kong for a continuous period of not less than seven
    years and have taken Hong Kong as their place of permanent residence before or
    after the establishment of the HKSAR."


    The ROA in the HKSAR means :-
    (a) the right to land HKSAR;
    (b) the right to be free from any condition of stay (including a limit
    of stay) in the HKSAR;
    (c) the right not to be deported or removed from the HKSAR.


    According to the Basic Law, all permanent residents of the HKSAR have
    the right to vote and the right to stand for election. Permanent
    residents who have reached the age of 18 are eligible to be registered
    as electors.


    Application for Verification of Eligibility for Permanent Identity Card
    (PIC):-


    Chinese citizens and non-Chinese citizens who return to Hong Kong for
    settlement are not required to report to the Immigration Department if
    they already have a valid Hong Kong PIC or the endorsement "Eligibility
    for Hong Kong PIC verified". If those eligible applicants do not have a
    valid PIC, they may apply for one by completing an application form
    "Application for Verification of Eligibility for Permanent Identity
    Card" (ROP145) initially. Details of the procedures are mentioned in
    the following paragraphs.


    Before a person proceeds to register for the issue of a PIC, he/she will
    need to show that he/she is eligible for registration under the
    Registration of Persons Ordinance and Regulations. For this purpose, an
    administrative arrangement has been made for him/her to apply for
    verification of his/her eligibility for PIC. Under the normal
    circumstance, he/she should submit the application on form "ROP145" BY
    POST to the Right of Abode Section of the Immigration Department. A
    specimen of the form is available at our web-site at
    <
    http://www.info.gov.hk/immd/english/topical/a/1e.htm> for reference but
    not for downloading.


    The applicant MUST BE in Hong Kong at the time of application.
    Applications from overseas will NOT be entertained. Normally it will
    take SIX WEEKS to process such application. But it may take a longer
    time depending on the complexity and the number of applications received
    in a particular time.


    Under the law, where a person claims that he has the ROA in Hong Kong by
    virtue of being a permanent resident of the HKSAR, the burden of proving
    that claim shall lie on that person. He/She may refer to the Part (3)
    of the "Notes for Guidance" (ROP145A) for details on the documents
    required for the application. Such information is also available at our
    web-site at
    <
    http://www.info.gov.hk/immd/english/topical/a/1b.htm>.

    When a person's eligibility for PIC is verified, we will arrange to
    cancel his/her condition of stay in Hong Kong, if any. He/She (if aged
    11 years old or over) will be given an appointment to attend the
    Registration of Persons Office to apply for the Hong Kong PIC. At the
    time of registration, he/she has to attend IN PERSON for being
    photographed and thumb-printed. The PIC bearing the symbol "A" will
    then be issued to he/she later. For applicant aged under 11 holding
    valid travel document, he/she may apply for an endorsement to be made in
    his/her travel document stating his/her eligibility for a PIC card
    verified. He/She is also required to be PRESENT in Hong Kong when such
    endorsement was given to him/her. A PIC will be issued upon application
    when he/she reaches the age of 11.


    For further information on ROA matters, you may browse our web sites at
    :-
    (i)
    http://www.info.gov.hk/immd/english/notice/4.htm
    (ii)
    http://www.info.gov.hk/immd/english/topical/a/1.htm

    Application for Certificate of Entitlement :-

    On the other hand, you may wish to know that under Section 2AB(1) of the Immigration Ordinance, any person who-
    (a) immediately before 1 July 1997 did not enjoy the
    right of abode in Hong Kong under this Ordinance
    as then in force;
    (b) is not the holder of a valid HKSAR passport or valid
    permanent identity card; and
    (c) claims to be a permanent resident of the Hong Kong
    Special Administrative Region under paragraph 2(c)
    of Schedule 1,
    may apply to the Director for a certificate of entitlement.


    Subject to Section 2AB(1) of the Immigration Ordinance, if a person who
    claims to be a permanent resident of HKSAR
    under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, he may
    submit an application for a Certificate of Entitlement to the Director
    of Immigration outside Hong Kong in the following manner :-
    (i) if he is at the time of application residing outside
    China, through the Chinese Embassy or Consulate
    in the country or territory where he resides, or by
    post to the Director of Immigration direct.
    (ii) if he is at the time of application residing in the
    region of Taiwan or Macau, by post to the
    Director of Immigration direct.


    Application should be made on form ID881 and a speciman of it was
    available at our web-site at
    <
    http://www.info.gov.hk/immd/english/forms/main.htm> for reference.

    As requested by you, a copy of the "Guidance Notes for application for Certificate of Entitlement to the Right of Abode in the Hong Kong Special Administrative Region" (ID881A) was sent to your given mailing address for your reference.

    I hope the above information may be useful to you.


    Best regards,

    Ms YS CHAN
    for Director of Immigration"

    One thing I want to ask is that I was able to get the ROA by being a Chinese citizen under part c. But if I get American citizenship, do I automatically loose it because they made a point about not including part c if a person possessed a foreign passport. I guess this is because mainland China does not accepted
    dual nationality. But there is an exception for Hong Kong and Macau being that people born there are chinese citizens unless they apply for a change of naitonality and I was born in Macau. So my question is: anybody knows if I can keep the ROA in Hong Kong since I would fulfull the requirements of part c under Chinese citizens, but have a foreign passport as well?

    Last edited by kinfu; 18-04-2004 at 04:45 PM.

  5. #15

    Hey everyone. Just a quick update on my situation-I was able to obtain the RTL, so there is hope out there for all the overseas born children!


  6. #16

    Join Date
    Dec 2004
    Posts
    3

    The love of my life lives in HK

    I appreciate all concerns from everyone. It must be difficult for some to get back to their roots. I envy one and all for your attempts and successes. I'm glad to read about success. I respect and honor true ambition, if it's from an orphan and/or expats offspring. The messages I've read here and a few other sites inspires me to inquire about my dilema.

    I am in love with a women (HK National) that I will marry. I'm not seeking nationalization, only ROA and PIC. Does marriage constitute ROA?

    I'm an educated American (sad to admit these days) that really wants to experience and contribute to another spot on this earth.

    Any help/criticism will be great.

    Happy New Year to all of you and all of yours!

    Kenney


  7. #17

    Join Date
    Nov 2004
    Location
    Third Sphere of Paradiso
    Posts
    1,878

    Dream a little dream of ROA (and PIC) for the first 7 years ROA is granted after 7 years of continuous residency in HK. Till then you'll be given a dependency visa (with you wife as a sponsor) which will be renewed every couple of years.

    Look around in the forums.. There is plenty of info related to ROA, residency, etc..


  8. #18

    do u kno if for children born outside of Hong Kong to HK resident/ROA elibigle parents over the age of 21 if they are eligible for ROA?


  9. #19

    Join Date
    Dec 2002
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    47,968

    Keroleen, read the description posted in by kinfu.


  10. #20

    Join Date
    Dec 2004
    Location
    The Netherlands/Hong Kong/Shenzhen
    Posts
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    Quote Originally Posted by kinfu:
    One thing I want to ask is that I was able to get the ROA by being a Chinese citizen under part c. But if I get American citizenship, do I automatically loose it because they made a point about not including part c if a person possessed a foreign passport. I guess this is because mainland China does not accepted
    dual nationality. But there is an exception for Hong Kong and Macau being that people born there are chinese citizens unless they apply for a change of naitonality and I was born in Macau. So my question is: anybody knows if I can keep the ROA in Hong Kong since I would fulfull the requirements of part c under Chinese citizens, but have a foreign passport as well?[/font]
    and??? is it already clear. I am wondering too......

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