HKSAR Passport & PIC - Overseas Resident

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  1. #1

    Join Date
    Dec 2006
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    HKSAR Passport & PIC - Overseas Resident

    I have reviewed the application forms and also the guidelines (ROP143 and ROP143A - Application for HKSAR & PIC for Resident Overseas). Thus far, it seems extremely confusing. This question seems to have discussed in the past, but not in specific.

    I was born in HK, as were my parents (both have their HK PIC), but I have been away from HK for over 10 years. From what I have read, I have the right to abode in HK and the right to obtain the HK PIC (and HKSAR).

    I have been told by the Chinese consulate in Canada that they would be able to process both a HKSAR passport and PIC for me, but if I only want the PIC, I must return to HK to apply for it (and I don't have any plans to fly back to HK just for the PIC). I also spoke to the HK Immigration Department and it looks as if I want the PIC, I must return to HK, or obtain both the HKSAR passport and PIC through the Chinese consulate in Canada.

    My concern is, if I apply for both the HKSAR and PIC, would I actually be able to do it AND retain my Canadian citizenship/passport? From the postings and what I read in the Guidelines, I think I can (but need to be cautious of consular protection if entering HK with the HKSAR passport). In addition, since I have been away from HK for so many years, can I still qualify for the HKSAR and PIC? I think I do because I was born in HK and there is no time limit for those with the Right to Abode to be away from HK.

    Can anyone shed some light on this for me? Thanks.


  2. #2

    Join Date
    Sep 2006
    Location
    Sha TIn
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    Quote Originally Posted by apchan:
    I have reviewed the application forms and also the guidelines (ROP143 and ROP143A - Application for HKSAR & PIC for Resident Overseas). Thus far, it seems extremely confusing. This question seems to have discussed in the past, but not in specific.

    I was born in HK, as were my parents (both have their HK PIC), but I have been away from HK for over 10 years. From what I have read, I have the right to abode in HK and the right to obtain the HK PIC (and HKSAR).

    I have been told by the Chinese consulate in Canada that they would be able to process both a HKSAR passport and PIC for me, but if I only want the PIC, I must return to HK to apply for it (and I don't have any plans to fly back to HK just for the PIC). I also spoke to the HK Immigration Department and it looks as if I want the PIC, I must return to HK, or obtain both the HKSAR passport and PIC through the Chinese consulate in Canada.

    My concern is, if I apply for both the HKSAR and PIC, would I actually be able to do it AND retain my Canadian citizenship/passport? From the postings and what I read in the Guidelines, I think I can (but need to be cautious of consular protection if entering HK with the HKSAR passport). In addition, since I have been away from HK for so many years, can I still qualify for the HKSAR and PIC? I think I do because I was born in HK and there is no time limit for those with the Right to Abode to be away from HK.

    Can anyone shed some light on this for me? Thanks.

    Hong Kong Permanent Identity Cards are usually issued overseas to ensure that the bearer can return to Hong Kong since it states:


    " The bearer of this passport is a Chinese citizen who holds a Hong Kong Permanent Identity Card and has the right of abode in and the right to return to return to the Hong Kong Special Administrative Region. "

    This is why you can only apply for the HKPIC with the HKSAR passport. The HKPIC issued overseas is only to accompany the passort when the bearer comes back to Hong Kong.

    Once you return to the HKSAR , the overseas PIC is only valid for 30 days upon your return. You'll be issued a new one in that time frame.

    Regarding your concern about your dual nationality. There is nothing to worry about. If you have never made a change of nationality to the Hong Kong Immigration department, you're still considered a Chinese national. You also have the Right of Abode indefinately. You should have the right to both the Canadian and HKSAR passport.

    I personally don't know anyone who has successfully applied for their PICs overseas. I think it's much more efficient if you just take a small trip to HK and re-establish your permanent residency in Hong Kong.

  3. #3

    Join Date
    Oct 2005
    Posts
    109

    Hi

    1) PIC issue- your Right of Abode in HK is firmly established, from what you have said. You're definitely eligible for HKPIC.

    2) From what you've said, you are also a CHINESE CITIZEN under Chinese law. You should be able to obtain BOTH the HKSAR passport and the HKPIC whilst overseas. (It doesn't matter that you've left HK for a long period of time, because you're a chinese citizen, from what you've told)

    3) As far as Canadian law is concerned, as I understand Canada allows dual nationality- i.e. you can keep any nationality you've held BEFORE you get Canadian citizenship + you can obtain any other nationality AFTER becoming a Canadian citizen

    Your Chinese nationality was obtained (from what you've said) by BIRTH. This shouldn't be a problem, and should not affect your Canadian citizenship at all.

    4) Consular protection in China- If you wish to enjoy consular protection by Canada while in CHINA (including HK), you must make a declaration of a "change of nationality" to the HK Immigration Dept. This involves filling out a form and declaring that you've gained foreign nationality and you no longer wish to retain Chinese nationality. (A fee is also payable).

    You may wish to note that MERELY entering HK (or other parts of China) by your Canadian passport does NOT affect your Chinese nationality. Therefore, you would not be entitled to consular protection while in CHINA (including HK), UNTIL AND UNLESS you declare your foreign nationality (as explained) to the HK Immigration Dept. (You may choose to apply for such declaration in HK, or through the Chinese consular authorities in Canada).

    5) It isn't necessary to enter HK by the HKSAR passport. You only need the HKPIC to enter HK.

    Hope this helps.


  4. #4

    Join Date
    Nov 2005
    Posts
    124
    Quote Originally Posted by lybenben:
    Hi

    1) PIC issue- your Right of Abode in HK is firmly established, from what you have said. You're definitely eligible for HKPIC.

    2) From what you've said, you are also a CHINESE CITIZEN under Chinese law. You should be able to obtain BOTH the HKSAR passport and the HKPIC whilst overseas. (It doesn't matter that you've left HK for a long period of time, because you're a chinese citizen, from what you've told)

    3) As far as Canadian law is concerned, as I understand Canada allows dual nationality- i.e. you can keep any nationality you've held BEFORE you get Canadian citizenship + you can obtain any other nationality AFTER becoming a Canadian citizen

    Your Chinese nationality was obtained (from what you've said) by BIRTH. This shouldn't be a problem, and should not affect your Canadian citizenship at all.

    4) Consular protection in China- If you wish to enjoy consular protection by Canada while in CHINA (including HK), you must make a declaration of a "change of nationality" to the HK Immigration Dept. This involves filling out a form and declaring that you've gained foreign nationality and you no longer wish to retain Chinese nationality. (A fee is also payable).

    You may wish to note that MERELY entering HK (or other parts of China) by your Canadian passport does NOT affect your Chinese nationality. Therefore, you would not be entitled to consular protection while in CHINA (including HK), UNTIL AND UNLESS you declare your foreign nationality (as explained) to the HK Immigration Dept. (You may choose to apply for such declaration in HK, or through the Chinese consular authorities in Canada).

    5) It isn't necessary to enter HK by the HKSAR passport. You only need the HKPIC to enter HK.

    Hope this helps.


    Has any holder of HK PIC ever successfully returned to HK using their foreign passport ie canadian, British .... without showing your PIC ?

    Not sure why everytime I use my EU passport coming to HK, the immigration officers would want to see my HK ID. Once I said no, I forgot to have it on me, then they got me to another officer who then made a phone call to another department and check on my ID over the phone..... - they were not rude at all, in fact they were very chatty. He tried to explain to me why I must show my HKID, someting to do with overstaying - i didn't really understand why he was talking about to be honest.