Applying for RTL

[canadienne]

I remember reading somewhere that the child of 2 HK permanent residents who are still considered Chinese citizens by the HK government (despite holding foreign citizenship) qualifies for "right to land" status in Hong Kong. I can't remember where I read it or if it's true, so I thought I'd ask here.

My sister, who was born in Canada to my parents who were both born in Hong Kong and are ethnically Chinese, will be in Hong Kong for a few months for academic study on a student visa with her Canadian passport, but if she can get some type of RTL status in Hong Kong, this would of course be optimal.

My parents (like me) were born in Hong Kong and are ethnically Chinese but immigrated to Canada in the late 80's and have Canadian citizenship. However, they will be back in Hong Kong for a few weeks and will be updating their old HKIDs to the new ones, getting new HKSAR passports and updating their old HRPs to the new ones. In short, they have not declared a change of citizenship to the HK Immigration Department and are, for all intents and purposes, HK Permanent Residents with Chinese citizenship - except they have to update their own documentation.

My sister was born 2 years after they arrived in Canada, so they didn't have Canadian citizenship yet but they were landed immigrants (of Canada) at the time. My sister (obviously) has Canadian citizenship.

Can my sister obtain any type of RTL status in Hong Kong (I'm going to assume she doesn't qualify for ROA)? If so, does that mean she can get some form of a HKID - permanent, non-permanent? - that can allow her to more easily enter, stay and exit Hong Kong? What's the process for applying for RTL status (I've personally gone through the applying for HKPRID --> HKSAR passport --> HRP route, but have no idea how one applies for RTL status)?

Thanks in advance for any guidance!

[Hairball]

I'm not going to go through all the details as I've done it too many times, you can find the answers in my guide on this topic:
A Guide to the Right of Abode in Hong Kong - HKID for ABC, CBC, BBC

If your sister was born before the handover in 1997 she should most likely have at least RTL based on what you described.

If you have specific questions please email me and I'll try to help.

[canadienne]

Yep, she was born before 1997, but has never set foot in HK until now (well, when she arrives in a few weeks), so I'm guessing this means that she has lost her ROA if she had it before 1997 and can only try to get RTL at this point. I'll forward her the link to your guide. Thanks!

[Hairball]

Was she born in Quebec? If so her birth certificate would need to be translated to English as I think they are French only.

Just something that came to mind.

[canadienne]

No, she was born in Ontario, so she's at least spared that extra step! Thanks for pointing it out though.

It's so interesting to think that if my parents had flown back to Hong Kong once every three years with my sister after she was born, she'd actually have ROA. Instead, my sister is now setting foot in Hong Kong for the first time at age 20!

[imparanoic]

(I've personally gone through the applying for HKPRID --> HKSAR passport --> HRP route, but have no idea how one applies for RTL status)?

Thanks in advance for any guidance!

HKPRID --> HKSAR passport --> HRP

did you have to give up your canadian citizenship/passport and was this after living in hk for more than 7 years? and when did you apply for your hk passport and hrp?

many thanks

warren

[canadienne]

HKPRID --> HKSAR passport --> HRP

did you have to give up your canadian citizenship/passport and was this after living in hk for more than 7 years? and when did you apply for your hk passport and hrp?

many thanks

warren

No, I didn't have to give up my Canadian citizenship and/or passport. I was born in Hong Kong and have never declared a foreign citizenship to the Hong Kong Immigration Department; therefore, I still have ROA in Hong Kong and am still considered a Chinese citizen, though an exception in the Hong Kong law allows me to also hold foreign (Canadian) citizenship, in effect giving me dual Canadian/Chinese citizenship. I have not lived in Hong Kong for more than 7 years - this is not required for those born in Hong Kong who are considered Chinese citizens.

I applied for/received my permanent HKID this past September, applied for/received my HKSAR passport this past October, and then applied for/received my HRP only a few weeks ago. I got my HKID, HKSAR passport and HRP in less than 2 months, and that's without paying extra to rush my HRP. Mine is an easy case, though, because I was born in Hong Kong, as were my parents, and I am a Chinese citizen under Chinese and Hong Kong law despite having foreign citizenship. If your situation is like mine, you're in luck - the process is pretty smooth and efficient.

[Hairball]

No, she was born in Ontario, so she's at least spared that extra step! Thanks for pointing it out though.

It's so interesting to think that if my parents had flown back to Hong Kong once every three years with my sister after she was born, she'd actually have ROA. Instead, my sister is now setting foot in Hong Kong for the first time at age 20!

I'm pretty much in the same boat.

It's actually every 36 months since the handover on July 1, 1997. If I visited 2 more times between 2001 and 2008 I would still have ROA. Oh well. RTL is ok though.

[canadienne]

I'm pretty much in the same boat.

It's actually every 36 months since the handover on July 1, 1997. If I visited 2 more times between 2001 and 2008 I would still have ROA. Oh well. RTL is ok though.

I think RTL is fantastic, actually. Almost all the benefits of ROA without the "costs", if one subscribes to the notion that it's better not to have Chinese citizenship and be subject to the whims of the Chinese government. Right to vote and inability to be deported for serious offences are small things in the grander scheme of what RTL offers, especially since right to vote in HK doesn't mean a true "right to vote" in the sense of a real democracy. As for the ability to get a HRP... please correct me if I'm wrong, but can't someone with RTL holding a HKID apply for a multiple entry visa to China? If so, this is as good as it gets without being a Chinese citizen, in my opinion.

[PDLM]

Eh? If you are someone whose ROA can be downgraded to RTL then you have never been and never could have been (except by naturalisation) a Chinese Citizen (unless you explicitly renounced your Chinese citizenship and then reacquired ROA by residence),