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PR for non-Chinese adoptee.

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  1. #11

    My case is a case that is not an adoption from South America, Russia, Africa, Korea, etc.

    I would just really like to meet someone who has a case like this and has successfully acquired ROA for their child.

    In my case, I decided to apply early (before 7 years) for ROA for both of my children, (this was a couple of years ago). I knew it was early, but I wanted to find out where my children stand. At that time, I received two separate responses. One was that my son has not yet lived in HK for 7 years, they pointed out the date which I should consider as the beginning of his stay here (this was good because it was not the same date as when we first arrived to HK, (maybe it was the date of the beginning of the first dependant visa). In any case this was helpful to know, exactly when he would be eligible to apply again. In the case of my daughter the response was rather surprising, they actually used the words, "your daughter will never be eligible", sighting that she is not my biological child.

    I suspect that what they really meant to say was that I adopted her from China instead of from Korea or India or Europe, therefore, Chinese babies who are adopted are not allowed to receive ROA in Hong Kong.

    But it may be important to point out that we did not adopt our daughter from China with the plan to stay and live permanently in Hong Kong. We are Americans who came first to Hong Kong on a 3-year working contract (During these 3 years, we adopted our daughter). We intended and still do intend to raise both of our children in the US, if work takes us back there. As it is now, we have been here for a very long time. Work is still keeping us here.

    I like the convenience that being PR affords me as I travel to China for shopping and sightseeing. I love Hong Kong and am happy to be an American citizen who has PR in Hong Kong. Now, I am just sad that one of my children is already a PR, and the other one has been told that she will "never be eligible".

    My daughter is an American citizen. She became one after the adoption in China was complete and she first set foot on US soil. She has an American passport, American social security card. I have not tried to change her birth certificate to an American one, how could she say that she was born in America if she was not? To me, her birth certificate from China goes as a package together with her certificate of abandonment and her certificate of adoption. Together, I think, they are proof that she is our child and our child alone with no other connection to China whatsoever.

    I would just like her to be treated as my other (biological) child has been treated.

    baramig


  2. #12

    Join Date
    Aug 2010
    Posts
    81

    Some possible context for why HK might not allow children adopted from China to obtain permanent status: Chinese traditionally have been free with adoption within families, so immigration officials probably want to avoid adoption being used as a loophole to get into HK. I'm not saying that's your situation; just that that's probably why the second-class treatment.

    In Chinese families, children often used to be "adopted" by uncles, aunts and such, for better financial circumstances, sometimes because a family didn't want another daughter, sometimes because of infertility and such. Those values also led to exploitation of immigration rules elsewhere, as with "paper" sons being adopted so they could go abroad decades ago to earn money.


  3. #13

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by baramig:
    (maybe it was the date of the beginning of the first dependant visa)
    Not maybe, definitely. The time you enter HK on a visa is the time at which your residence here begins. If you are in HK without a visa then you are a visitor, not a resident.

  4. #14

    Join Date
    May 2008
    Posts
    730

    I have not tried to change her birth certificate to an American one, how could she say that she was born in America if she was not?

    ************************************************** ***************************

    How can you change her birth certificate to an American one when she wasn't born in the USA?


  5. #15

    Join Date
    Nov 2007
    Posts
    165

    ************************************************** ***************************

    How can you change her birth certificate to an American one when she wasn't born in the USA?[/QUOTE]

    We are the parents of two children adopted from South Korea. We were living in the US when we adopted. Both of our children have US birth certificates issued by our state (Michigan). At the top it states, "Delayed registration of Foreign Birth". I know the rules and paperwork are different for all international adoptions. In our case, we never saw their Korean birth certificates.

    Good Luck.

    Renotommy likes this.

  6. #16

    Renotommy,

    Just as attkrt said, when Americans adopt children internationally, they can change their birth certificate to an American one. But my opinion is that we don't really need to since she is an American citizen already.

    Renotommy likes this.

  7. #17
    Quote Originally Posted by Herngju:
    Some possible context for why HK might not allow children adopted from China to obtain permanent status: Chinese traditionally have been free with adoption within families, so immigration officials probably want to avoid adoption being used as a loophole to get into HK. I'm not saying that's your situation; just that that's probably why the second-class treatment.
    Yes, I am aware of this kind of thing happening, but in our case, they stated that she will "never be eligilble" for PR, NOT because she is Chinese, but because she is not my biological child.

    If they wish to discriminate between which foreign countries we adopt our children from, they have to state this accurately. This is why it would be helpful to know that there are adopted children from other foreign countries, (if, in fact, there are). Hence the search for someone who has successfully acquired PR for their non-Chinese adopted child.

  8. #18

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    I think you misunderstood. What I think they meant was that she will never be a PR by virtue of being your child. This is in contrast to a natural born child of yours born in HK who would automatically get PR at birth. Your adopted child will get PR after 7 years continuous legal residence just like any other non-Chinese Citizen legally resident in HK (except Domestic Helpers).


  9. #19

    PDLM,

    You have been most helpful. Thank you so much for sharing your knowledge.

    Baramig
    Posted via Mobile Device