US and HKSAR dual citizenship

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  1. #1

    US and HKSAR dual citizenship

    If I already have a US passport and the HKID (born in the states) but my parents both have HKSAR passport, can I apply for the HKSAR? I know PRC doesn't allow dual citizenship, but HKSAR does right?
    I was reading through this forum and I've seen conflicting views....


  2. #2

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    According to the immigration website, the same rules apply for PRC citizenship whether it's in HK or the mainland. HK has a seperate passport, but the citizenship is the same.


  3. #3

    Are you sure?

    Are you sure about that??


  4. #4

    just called the immigration office...

    I just called the immigration office and they said they need to first determine whether i am chinese citizen. But then when i asked what if i am a chinese citizen can i hold both passports, he just kept on emphasizing the fact that the records have to prove whether i am a chinese citizen or not. But then he said if I can apply for HKSAR passport, i do not have to renege my other passports....


  5. #5

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    When you were born in the US , were one or both of your parents settled there ? By settled I mean granted permanent residency or citizenship. If one or both of your parents held a green card at the time you were born, then you have no claim to Chinese citizenship. If they were say on visas , then you would be considered a Chinese citizen. I'm not too sure how it works because the US has jus soil (birthright citizenship) - anyone born on US soil has the right to US citizenship.

    I was born in Canada and I tried to apply for a Hong Kong Permanent Identity Card under category 1: Chinese citizen born abroad to Chinese parents with the Right of Abode in Hong Kong and they sent me a letter outlining why I wasn't considered a Chinese citizen. My father was already a Canadian citizen at the time I was born.


    If your parents were not green card holders at the time you were born , you might be able to claim Chinese citizenship on the basis that your parents were not settled abroad.

    Last edited by Aritaurus; 07-03-2007 at 10:15 AM.

  6. #6

    still confused...

    My parents were not settled abroad. They hold HKSAR passports and are considered Chinese citizens. I'm just curious whether I can hold BOTH the US passport and the HKSAR passport. From what it seems like, I can. But then according to the PRC law, PRC does not allow dual citizenship....and I dunno if HKSAR follows that..

    http://www.immd.gov.hk/ehtml/chnnationality_1.htm


  7. #7

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    Quote Originally Posted by hkuscitizen:
    My parents were not settled abroad. They hold HKSAR passports and are considered Chinese citizens. I'm just curious whether I can hold BOTH the US passport and the HKSAR passport. From what it seems like, I can. But then according to the PRC law, PRC does not allow dual citizenship....and I dunno if HKSAR follows that..

    http://www.immd.gov.hk/ehtml/chnnationality_1.htm

    If you're a registered or citizen by birth, you can hold both passports. The PRC does not recognise dual nationality but does allow you to use foreign passports as travel documents only. I know many people that hold other nationalities but they acquired them later on as they were all born in Hong Kong.


    By not recognising dual nationality, they mean that if you get into any trouble while in the PRC or the two SARs, you cannot seek consular support from the foreign government. There's still a lot of ambiguity from all the material I have read but this is the most logical answer I can come up with at the moment. There is written documentation on the FAQ section of the immd site that foreign passports are seen as travel documents only. So in principle yes, you can hold both passports.

  8. #8

    I hope this helps you...

    I was in a similar situation. I have a US Passport and HKID with ROA. On my last trip to HK, I was able to obtain an HKSAR passport. I think the confusion is that for most Chinese citizens, you cannot have dual citizenship. However for residents of HK, there was an amendment to the rule as described in the link below that allows for dual citizenship. The other passports are considered travel documents and will not give you consular protection in HK or PRC as described by Aritaurus.

    http://www.immd.gov.hk/ehtml/topical_3_9.htm
    (see the second section adopted May15,1996)

    This is a helpful flowchart...

    http://www.immd.gov.hk/ehtml/topical_3_6_1.htm


  9. #9

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    Quote Originally Posted by wanderlust:
    I hope this helps you...

    I was in a similar situation. I have a US Passport and HKID with ROA. On my last trip to HK, I was able to obtain an HKSAR passport. I think the confusion is that for most Chinese citizens, you cannot have dual citizenship. However for residents of HK, there was an amendment to the rule as described in the link below that allows for dual citizenship. The other passports are considered travel documents and will not give you consular protection in HK or PRC as described by Aritaurus.

    http://www.immd.gov.hk/ehtml/topical_3_9.htm
    (see the second section adopted May15,1996)

    This is a helpful flowchart...

    http://www.immd.gov.hk/ehtml/topical_3_6_1.htm
    Were you born in Hong Kong or the US ? I wanted the apply for the HKSAR passport but they already established that I'm not a Chinese national because I obtained Canadian nationality at birth and both my parents were settled in Canada.

    Right now, I have the Right to Land and the immigration officer said that I can apply for Chinese citizenship once I have lived in Hong Kong for seven years but I will have to renounce my Canadian citizenship. I have a feeling that they won't ask for proof of renuciation of foreign citizenship so when the time comes, I may just try and apply for it.

  10. #10

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    Quote Originally Posted by hkuscitizen:
    My parents were not settled abroad. They hold HKSAR passports and are considered Chinese citizens. I'm just curious whether I can hold BOTH the US passport and the HKSAR passport. From what it seems like, I can. But then according to the PRC law, PRC does not allow dual citizenship....and I dunno if HKSAR follows that..

    http://www.immd.gov.hk/ehtml/chnnationality_1.htm
    It is a very tough subject as a lot of people hold both passports but the PRC makes it clear you cannot have dual citizenship.

    Of course HKSAR follows suit because it is part of the PRC. Same country and Nationality. But, as previous posters have mentioned it pretty much just comes down to consular affairs.

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