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I have dual citizenship, I already have U.S. passport, can I also apply for HK passport?

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  1. #1

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    I have dual citizenship, I already have U.S. passport, can I also apply for HK passport?

    I have dual citizenship. I have the permanent Hong Kong ID card. I was born in HK. I also obtained U.S. citizenship. I have an U.S. passport. Can I also apply for the HK passport?


  2. #2

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    If you are of Chinese race born before the handover, most likely yes.


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    However, you prior Chinese citizenship was renounced when you immigrated to the US and upon becoming a citizen, took an oath and swore allegiance to the United States. Although the Hong Kong government will likely give you citizenship, it will technically be illegal in the United States. However, this is rarely enforced. I know, because I used to work at the immigration court. Although the US recognized dual citizenship, its only through birth or marriage. That is to say, if you were born American, either in the US or to US citizen parent's aboard, and because of your parent's connection to a foreign country you are entitled to foreign citizenship, then its acceptable. Same if you marry a foreign spouse and her country gives you citizenship.

    Also, make sure you really need this, because if you obtain Chinese travel documents, you will lose your consular protection in Hong Kong and China, and will be treated as Chinese in the mainland should you ever encounter any difficulties. If you don't go to the mainland every week, then i suggest you just get an APEC travel pass. I have many Chinese American and Canadian friends that are PR's but don't get the home return permit of Chinese HK passport for the above stated reasons.

    Last edited by packy_crusher; 09-03-2011 at 09:06 AM.

  4. #4

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    Quote Originally Posted by Hairball:
    If you are of Chinese race born before the handover, most likely yes.
    does that mean born in hk or just of chinese descent

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    Quote Originally Posted by imparanoic:
    does that mean born in hk or just of chinese descent
    Well, technically speaking one has to have a parent that is a Chinese citizen to be born a Chinese citizen.

    At least before the handover, I think that pretty much everyone that is Chinese race was considered to be a Chinese citizen as of the handover. The "interpretations" of the Chinese nationality law even allude to that.

    You sure frequently ask similar questions every time this topic comes out.

  6. #6

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    Quote Originally Posted by packy_crusher:
    However, you prior Chinese citizenship was renounced when you immigrated to the US and upon becoming a citizen, took an oath and swore allegiance to the United States. Although the Hong Kong government will likely give you citizenship, it will technically be illegal in the United States.
    While that's the text in the US citizenship oath, in practice many countries would not recognize such an oath and will require a formal renunciation of citizenship. And as you said the US doesn't force one to renounce their previous nationality.

  7. #7

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    Quote Originally Posted by Hairball:
    While that's the text in the US citizenship oath, in practice many countries would not recognize such an oath and will require a formal renunciation of citizenship. And as you said the US doesn't force one to renounce their previous nationality.
    Those are countries that practice what is called "universal Citizenship" of which neither China or Hong Kong is one. Such countries typically do not automatically recognize you renunciation of citizenship without some accompanying legal process that usually means going to court and officially renouncing your citizenship in your home country. Without following the process it is usually possible to keep your foreign passport, but that does not make it legal in the US.

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    You cannot acquire another citizenship after you are naturalized as a US Citizen. I have a relative (HK Chinese) who is in the same boat as you and we checked this while I was back in TX a month ago. He was told that if he had the actual HK Passport prior to his naturalization it was OK but applying for it after his naturalization was not permitted.


  9. #9

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    Eh? Whether you have a passport or not is not what determines whether you have the corresponding citizenship. The OP is not acquiring a new HK/Chinese citizenship - they have had it since they were born.

    Moreover, when you say "can't acquire" what exactly is the process by which someone is going to stop you? How would the US know that you had acquired another citizenship?


  10. #10

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    Best way to find out is to apply, they will fully refund you if it doesn't go through so you would of only lost the cost of the photo and of course time.

    This is from experience of applying in HK directly, obviously if you apply through a 3rd party in the US it might be different.


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