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British Citizen born in HK. Non Chinese Parents. Can I apply for HKID?

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  1. #1

    British Citizen born in HK. Non Chinese Parents. Can I apply for HKID?

    Hi,

    My situation is this. I was born in HK in 1986 and lived there till the age of 9 years old. Where I moved to the UK with my parents. Both my parents have HKIDs. Am I able to apply for a HKID under the category (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 seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.

    Even though I was too young at the time of living in HK to have my own HKID card?

    Thanks


  2. #2

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    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 seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.
    Neither you nor your parents had taken Hong Kong as your place of permanent residence before 1997. And you haven't done so after 1997. So I think that would be a no.

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    I think so too. To apply under category (d) you need to have been ordinarily resident for the seven years immediately before the time you apply.


  4. #4

    Doesn't living in HK from birth till the age of 9 years old count as taking Hong Kong as my place of permanent residence before 1997? My parents also took HK as their place of permanent residence for 15 years before 1997.


  5. #5

    I suspect Claire ex-ax & PDLM are correct. You ceased to be resident in HK 15 years ago.

    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 seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.

    - The continuous period of seven years ordinary residence must be immediately before the date when the person applies to the Director of Immigration for the status of a permanent resident of the HKSAR under this category.
    I suggest sending an email to HK Immigration to ask. Or you could submit an application to verify whether you have ROA in HK. That would give you the definitive answer as to whether you still maintain any rights of residence in HK.
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    Quote Originally Posted by christineo:
    My parents also took HK as their place of permanent residence for 15 years before 1997.
    They would have had the "Right to Land", if they applied for it. Permanent residency would only have been available to your parents after June 30, 1997 and if they have stayed in Hong Kong. Yes, it was a British colony but British people could not apply for "Right of Abode" until the handover.

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    Did you ever have the right of abode in Hong Kong? If you didn't before you left then you're probably out of luck.

    It is kind of interesting how before the handover British people couldn't get right of abode in HK through 7 years residence. Was there really any way to get it?


  8. #8

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    It is kind of interesting how before the handover British people couldn't get right of abode in HK through 7 years residence. Was there really any way to get it?
    It was an odd quirk; why, I don't exactly know. But as soon as I was able to get to Harbour Building after July 1, I filled out the form and made the photo appointment. Back then, the new HKSAR government only needed to see the RTL chop in the passport to confirm PR. The OP's family left Hong Kong a little too early...

  9. #9

    Might I get RTL status?


  10. #10

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    Very doubtful. RTL is now given as a "downgrade" from ROA to non-Chinese permanent residents who haven't returned to Hong Kong in 36 months.

    BTW, the cut-off date for automatic PR for British citizens born in Hong Kong was January 1, 1983. Alas, you were born too late for that.


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