Applying for home return permit overseas?

[johnny206]

Hi All,

I'm a US Citizen residing in USA and was recently granted HK ID and HK Passport (I was born in HK). I would like to apply for the Home Return Permit to avoid the hassle of applying for a Chinese tourist visa every time I want to visit China. So my question is:
1) Am I even eligible to apply for a home return permit?
2) If yes, is it possible to apply here in USA?
3) If no, what do I have to do?

Thank you very much for your time!

Cheers,

Johnny206

[packy_crusher]

You can apply for the home return permit if you are Chinese. I assume that you are as you state that you acquired an HKSAR passport. There are other ways to avoid the hassle of going to China and not getting a yearly visa.

Nonetheless, keep in mind, now that you have been recognized as Chinese, you are no longer afforded consular protection in HK or China. That is to say, if you are arrested or taken into custody, you are just another Chinese, and have no right to see the US consular representative as Chinese and International law requires for foreigners. I know many people that are in your same shoes that declined the SAR passport/HRP for that reason. Unless you go to China all the time, its a risk you have to consider.

[User]

1) Am I even eligible to apply for a home return permit?
Yes.
2) If yes, is it possible to apply here in USA?
No.
3) If no, what do I have to do?
Apply for hrp in hk; or, apply for "PRC Travel Document" at a Chinese consulate. As a Chinese citizen, you should not use your US passport when you travel in China.

[johnny206]

Hey thanks guys for the replies!

By the way, can I apply for PRC Travel Document even though I'm already a US citizen? I looked at the application and it sounds like it's for people that have not gained citizenship of another country, is that right? Also, how long is the Travel Document valid for?

[reddbod]

why not use your HKSAR passport? No need to apply for a visa

[User]

why not use your HKSAR passport? No need to apply for a visa

HKSAR passport is not recognized as a valid travel document in mainland China.

[reddbod]

HKSAR passport is not recognized as a valid travel document in mainland China.

well that's a bummer. the best thing to do in the future is to apply for a china card

[User]

Hey thanks guys for the replies!

By the way, can I apply for PRC Travel Document even though I'm already a US citizen? I looked at the application and it sounds like it's for people that have not gained citizenship of another country, is that right? Also, how long is the Travel Document valid for?

Your US citizenship is not recognized by the PR Chinese authorities and your US passport may only serve as a travel document in HK. You are a pure Chinese citizen when you are in China or when you present yourself at a PR Chinese consulate.
If you were a mainland Chinese, you would have lost Chinese citizenship when you acquired US citizenship. However, as an HK Chinese, you would not lose your Chinese citizenship when you acquire foreign ones.
I am not sure if you can get a one-year/one-entry or a two-year/multi-entry Travel Document. Anyway, it is strongly recommended that you apply for hrp when you can spend a couple of weeks in HK.

[noinoi]

HI Johnny,

I am in the same situation as yours. I have looked and looked at many different websites and sources and found:

PRC do not accept dual nationality, so you are only eligible to apply for the Travel Document if you do not declare yourself as American on the applicaton. Thus, you are only applying the Travel Document with your HK SAR permanent citizen ID and HK SAR passport declaring yourself as China nationality. On the flip side, you are also breaking US law, as US does not allow dual citizenship with China neither.

If you want the diplomatic protection from US and be treated as an American, without breaking neither PRC nor US laws, then you should apply for a Visitor visa every time you travel to China and enter China with your US passport.

You can also apply for a Home Return Permit while you are in HK, but that is more hassle, because you have wait 12 days before you can go to China. Yet, even with this Permit, you are declaring yourself as Hong Kong born/China citizen by having that Permit.

Another things is although you are US citizen and US as your Nationality, you never will lose your rights as Permanent Resident in HK, because you were born there, unless you go to the HK Immig D or Consulate to declare the abandonment of your Chinese nationality.

[Gruntfuttock]

On the flip side, you are also breaking US law, as US does not allow dual citizenship with China neither.

Not true. The US doesn't encourage dual citizenship, but it isn't illegal. If you believe otherwise please provide a link to the relevant pages on the US Government websites.