ABC Applying for ROA - and PRC Issues

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  1. #21

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    Quote Originally Posted by seatown

    2. After 1997, I went back to HK several times on the way to a teaching position in China and frequent business trips to China usually passing HK, and I was never away from HK for mre than 36 months. This matters because if you are, they will only give you RTL, and you have to repeat the 7 years.

    I never knew you can get RTL upgraded to ROA this way. I remember when I was applying for ROA , they will ask for you documents proving that you have been living in Hong Kong for a period of seven years like school records , employment records etc.

    I plan to come back to Hong Kong every year from now on. I'm not sure if this will make me eligible for a permanent identity card after seven years. I've gotten my RTL last year.

    When you filled in the form, did you have to provide any proof of residency ? If this works, I hope to apply after seven years as well.
    Last edited by Aritaurus; 20-10-2007 at 10:08 PM.

  2. #22

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    Aritaurus,

    Going back to HK once a year for seven years will not get you the ROA status. What I was trying to say in my post was that everyone who is descendant from HK residents and born abroad were automatically ROA before 1997. After 1997, you still are, but you have to have not been away from HK longer than 36 months. After 1997, I returned once in 1999, and almost annually every year after 2001. I applied in Sept./Oct. 2005 and received my ID card in Feb. 2006. If you have exceeded 36 months, you can still get RTL, but not ROA. In other words, you cannot be upgraded from RTL, but if you have ROA, you can be downgraded by not going back to HK every 36 months.

    If you are RTL or no status at all, you must have "continuous residence" for 7 years. You cannot just make annual trips to HK and claim continual residence. So for those who have immigrated to the U.S., make sure you bring your kids back every 36 months otherwise, they will only have RTL.

    Proof of residency is not important to ROA. What matters is documented proof that your parents were PR (born or seven years residency), that you are the child of your parents, and you have not been away from HK over 36 months since 1997.

    Hope that is more clear.


  3. #23

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    But just to be clear, the only differences between ROA and RTL are:

    - you can't vote
    - you can be deported for certain serious offences

    Are these two really worth a lot of hassle if you already have RTL?


  4. #24

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    Quote Originally Posted by seatown
    Aritaurus,

    Going back to HK once a year for seven years will not get you the ROA status. What I was trying to say in my post was that everyone who is descendant from HK residents and born abroad were automatically ROA before 1997. After 1997, you still are, but you have to have not been away from HK longer than 36 months. After 1997, I returned once in 1999, and almost annually every year after 2001. I applied in Sept./Oct. 2005 and received my ID card in Feb. 2006. If you have exceeded 36 months, you can still get RTL, but not ROA. In other words, you cannot be upgraded from RTL, but if you have ROA, you can be downgraded by not going back to HK every 36 months.


    If you are RTL or no status at all, you must have "continuous residence" for 7 years. You cannot just make annual trips to HK and claim continual residence. So for those who have immigrated to the U.S., make sure you bring your kids back every 36 months otherwise, they will only have RTL.

    Proof of residency is not important to ROA. What matters is documented proof that your parents were PR (born or seven years residency), that you are the child of your parents, and you have not been away from HK over 36 months since 1997.

    Hope that is more clear.

    That's what I have been thinking. You forgot to mention that you have estabished your ROA status before 1997 and have returned every 36 months since. Before 1997, everyone born abroad to Chinese citizens who are also permanent residents of Hong Kong were entitled to ROA. So I'm assuming you have not been away from HK for more than 36 months since 1997.

    Anyhow , I have been granted RTL last year. I remember reading on the forms that I have put give proof of residency like school records , bills and employment records to prove residency if I want to upgrade my RTL to ROA. There's also a section where you have to put down all the occaisions where you have been absent from the HKSAR for more than 6 months. I'm guessing that it is possible to get RTL upgraded to ROA but I would have be in HK for at least 6 months each year.

  5. #25

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    Quote Originally Posted by PDLM
    But just to be clear, the only differences between ROA and RTL are:

    - you can't vote
    - you can be deported for certain serious offences

    Are these two really worth a lot of hassle if you already have RTL?
    RTL cannot be passed down to your children. The only way is if they live in Hong Kong 7 years as a dependant, they will be granted ROA. If I have ROA and my child is born in Hong Kong, he/she will be entitled ROA having that he/she establishes it before the age of 21.

    I think if the status could be passed down automatically to your children, it wouldn't really matter to me to have RTL.
    Last edited by Aritaurus; 22-10-2007 at 01:32 AM.

  6. #26

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    Fair enough - I hadn't thought of that twist.


  7. #27
    YWL
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    I don't know how to apply for the RTL

    Hello,

    I hope that someone can give me an advice on how I can make my application for the right to land in Hong Kong according to my possibilities, How to apply step by step.

    My father was a Hong Kong citizen born in Hong Kong (ethnically chinese, holder of British dependent territories citizen with the right of abode in Hong Kong passport). He passed away by a traveling accident in Bolivia on 11 July 1993.

    I live and I was born in Bolivia-Cochabamba on 3 December 1982. At the time of my bith my father held the British dependent territories citizenship status, he never changed of nationality untill he passed away.

    I have got documents such as my fathers birth certificate born in Hong Kong, his British passports, his death certificate, my birth certificate born in Bolivia (Bolivian certificate), my Bolivian ID card.


    I understand from many information sources (Hong Kong government web pages) about the right of abode and the right to land, as far as I could understand I am eligible to get the right to land, because I'm not considered as chinese citizen to get the right of abode, because I wasn't born in Hong Kong, or resided in Hong Kong before 1 July 1997. But due to the fact that my father was born in Hong Kong (ethnically chinese, Citizen of the United Kingdom and colonies before 1983, British dependent territories citizen after 1983 with the right of abode in Hong Kong) I have the right to land in Hong Kong, so I can live, work and study without any restriction. But the problem is what documents to provide according to my situation, am I really eligible to apply for the right to land?, I mean do the documents I have got would be enough to start an application without being rejected. Because the other problem is that I must be in Hong Kong LEGALLY while the application is in process. I don't quite understand this, do I have to get a visa, what type of visa should I get to stay for more than 6 weeks (prosessing time) according to the country where I live ( Bolivia ). Anyway, I'm making a loan to get some money to travel to Hong Kong, I mean I have to pay back this money, what about if my application is rejected for any reason while I am there, this is a high risk for me to take if everything goes wrong, and according to additional visas information, I can't work if I am subjet to some restrictions (tourist visa), Hong Kong has a high standard of life, everything is expensive specially if I rent a place to stay for the time of my application.
    On the other hand, I have relatives (grandparents, uncles) in Hong Kong, but I don't see them for over of 20 years, since my father passed away we have lost contact untill 3 years ago, I could contact my uncle (the only person we informed) and he told me that he never told to his family about my father's death and he asked me to help him to keep the secret, I don't agree with this, is not fair to hide my father's death, not fair for them not even for us (my young brother, my mother, my sister). I also asked him to help me to go to Hong Kong so I could work and study to help my family in Bolivia, because we are in poor conditions, but it has been 3 years since then and I have never received help from him, there is no other way to contact my other reltives and even if I did so I don't know whether they would help me if I went to Hong Kong in my application processing time. As you can see this is another strong reason to go to Hong Kong I have to see my grandparents before it is too late.

    Is there any other alternative way to apply from overseas.

    Please, I would be truly grateful if someone could give me an advice.


  8. #28

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    Quote Originally Posted by YWL
    Hello,

    I hope that someone can give me an advice on how I can make my application for the right to land in Hong Kong according to my possibilities, How to apply step by step.

    My father was a Hong Kong citizen born in Hong Kong (ethnically chinese, holder of British dependent territories citizen with the right of abode in Hong Kong passport). He passed away by a traveling accident in Bolivia on 11 July 1993.

    I live and I was born in Bolivia-Cochabamba on 3 December 1982. At the time of my bith my father held the British dependent territories citizenship status, he never changed of nationality untill he passed away.

    I have got documents such as my fathers birth certificate born in Hong Kong, his British passports, his death certificate, my birth certificate born in Bolivia (Bolivian certificate), my Bolivian ID card.


    I understand from many information sources (Hong Kong government web pages) about the right of abode and the right to land, as far as I could understand I am eligible to get the right to land, because I'm not considered as chinese citizen to get the right of abode, because I wasn't born in Hong Kong, or resided in Hong Kong before 1 July 1997. But due to the fact that my father was born in Hong Kong (ethnically chinese, Citizen of the United Kingdom and colonies before 1983, British dependent territories citizen after 1983 with the right of abode in Hong Kong) I have the right to land in Hong Kong, so I can live, work and study without any restriction. But the problem is what documents to provide according to my situation, am I really eligible to apply for the right to land?, I mean do the documents I have got would be enough to start an application without being rejected. Because the other problem is that I must be in Hong Kong LEGALLY while the application is in process. I don't quite understand this, do I have to get a visa, what type of visa should I get to stay for more than 6 weeks (prosessing time) according to the country where I live ( Bolivia ). Anyway, I'm making a loan to get some money to travel to Hong Kong, I mean I have to pay back this money, what about if my application is rejected for any reason while I am there, this is a high risk for me to take if everything goes wrong, and according to additional visas information, I can't work if I am subjet to some restrictions (tourist visa), Hong Kong has a high standard of life, everything is expensive specially if I rent a place to stay for the time of my application.
    On the other hand, I have relatives (grandparents, uncles) in Hong Kong, but I don't see them for over of 20 years, since my father passed away we have lost contact untill 3 years ago, I could contact my uncle (the only person we informed) and he told me that he never told to his family about my father's death and he asked me to help him to keep the secret, I don't agree with this, is not fair to hide my father's death, not fair for them not even for us (my young brother, my mother, my sister). I also asked him to help me to go to Hong Kong so I could work and study to help my family in Bolivia, because we are in poor conditions, but it has been 3 years since then and I have never received help from him, there is no other way to contact my other reltives and even if I did so I don't know whether they would help me if I went to Hong Kong in my application processing time. As you can see this is another strong reason to go to Hong Kong I have to see my grandparents before it is too late.

    Is there any other alternative way to apply from overseas.

    Please, I would be truly grateful if someone could give me an advice.
    If you hold a Bolivian passport , you have 30 days visa free access in Hong Kong. From what you said in the above , you should be eligible to get RTL.

    If you're unsure about approval , contact the IMMD by e-mail and they should be able tell you what kind of documents you need to furnish to establish your RTL status. Usually, they'll ask for the birth certificates of both you and your father , any old Hong Kong Identity cards that your father once had, your father's naturalisation certificate as proof of citizenship , previous BDTC passports and so on.

    Worst comes to worst , if you're missing any documents , contact someone at home and get them to send the documents by registered post. If you're lucky, you can get this all done in under three weeks like me.
    Last edited by Aritaurus; 01-11-2007 at 01:07 PM.

  9. #29
    YWL
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    Thank's a lot Aritaurus, I already contacted the immigration office, but they provided me general information, information that you can easily get from the Internet, but this information still being cofusing. Anyway my question is if my father was born in Hong Kong, I've got his Birth certificate born in HK (original), 3 british passports (inside the passport you can see his National status British Dependent Territories citizen and says "Holder of this passport has the right of abode in Hong Kong") is this enough proof to show and be accepted, because I have been looking all his documents and it's all I have found, the problem is that I don't have hi old ID card and there is no way to ask him where he left it, because he passed away and I don't know in which of his documents I can find his ID number, is this ID number the same from his passports? or from his Birth Certificate in order to proof his permanent ID number to the immigration office. Please can you explain me with more detail about the application process, why could be a strong reason to be rejected.....thank's a lot for your answer


  10. #30

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    If you can't find his Hong Kong Permanent Identity Card, you may have a problem. This is the most essential document they will ask for to prove that he had the Right of abode in Hong Kong.

    When I applied, they asked for all of the following:

    1) My current Canadian passport
    2) My birth certificate
    3) Birth certificate of both my mother and father
    4) Both of my parent's Hong Kong Permanent Identity Cards -- I'm not sure if they need to be valid at the time of application but my parents' ID cards were.
    5) BDTC Passports of my mother and father
    6) Canadian landing papers of mother and father - Document showing the date they first arrived in Canada
    7) Canadian naturalisation certificate of mother and father - proof of citizenship
    8) Passports with arrival and departure stamps from the day I was born - They want to know the first day you set foot in Hong Kong as a visitor if applicable

    I don't think they printed the holder's Hong Kong Idenity Card number onto the hardcover BDTC passports back in the 70s or 80s. The format of an HKID should be X123456(7). If you can find it on any other document, maybe you can use this as proof.

    I'm not sure on whether or not they will grant you RTL for sure at this point. If you're worried about being disapproved, you'll have to consider it a possibility.

    Last edited by Aritaurus; 02-11-2007 at 01:36 PM.

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