HK id application declined. Any suggestions?

[cybernator]

anybody who has been in the same situation or can help me with my HK id?

I was born in Germany and have German nationality. My father was also born in Germany and also has German nationality. My mother is a HK chinese, but acquired foreign nationality when i was born.

According to the chinese law, any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationaltiy at birth shall not have Chinese nationality

Since my mother had settled abroad at the time of my birth, immigration concludes that i am not a Chinese citizen and am not eligible to have HK permanent status or any other status.

I am quite sure that many in similar cases (like many ABC`s) did acquire a HK id card or at least RTL and I knew that this `law` would be the main problem in my application.
I can go for a formal decision, but what should i do then?
help is very appreciated.

[cybernator]

went through some other threads about ROA and RTL.
i applied under category c.
should i have applied under category 7 - Person not of Chinese nationality born before 1997 to parents who had the Right of Abode in Hong Kong?
or is it really a case by case situation?
or can i still get RTL instead of ROA?

[Pekkerhead]

everyone has the right of appeal, so if you feel you qualify under another category then go for it. you have nothing to lose by challenging their decision.

[pianokc]

in your situation, it is most likely you will not be given the HKID with right of abode status. You could have done it before 1997. But now, the only people I know who has been successful are:
1) You were born in HK, but your parents and you lived overseas many years. You can apply for HKID if you are born here.

2) Your parents are chinese, holding HKID (3 stars- permanent resident)..... they lived over 7 years in HK, and they are living in HK, and so are you presently. You need to "work' or "study".... and your family has moved back to HK permanently. They will ask for proof of address, whether you own or rent apartment, tax returns, relatives, all ties to HK that you can prove.

B/c they know you are a citizen of another foreign country, the last thing they want is issue a HKID with right of abode to someone who wasn't born in HK, and doesn't live in HK, and hasn't lived in HK for 7 years or more. IF they Do, (like they did for my daughter), they want to ensure you are indeed staying to live in HK for a good reason, like working, doing your own business, children's education...etc.

[cybernator]

ok, it seems now that my mother did NOT acquire foreign nationality at the time of my birth and was still holding a british passport.
will this change the whole situation? and if so, how can I prove this? will HK immigration be able to see this themselves or should I ask the british embassy for proof?

[killahbad]

cybernator, i am in the same situation as you, my mum is British, but my Dad is chinese (born in hong kong), but he moved over to the UK.
He had a HKID card (now passed away) and i still have family over there.
I am planning to work over there in August and will be applying for a HKID card when i get over there.
Let me know how things go for you, and if you have any tips for me please let me know.

[cybernator]

no problem, i will definitely post my findings, but it might take a while. It took 3 months for my application to be declined.
But I think you`re in a different situation and got a better chance, since you`re a british national.
You might wanna check the other threads too about ROA, RTL and british nationals.

This one http://www.geoexpat.com/forum/rtl-de...?highlight=ROA
says something about being a person who was
born overseas on or after 1 January 1983 and BEFORE 1 July 1997 to a parent who was born to be a British Dependent Territories Citizen, Hong
Kong and remained such a citizen at the time of the person's birth;

[cybernator]

some info on the immigraiton website
http://www.immd.gov.hk/ehtml/topical_3_8.htm

[killahbad]

oh hopefully i get granted one as i am depending on going out to Hong Kong to work in August and i think it will be alot more difficult finding a company that will sponsor.

Well i wont know until I get over there.

Hope all is going well for you matey.

[killahbad]

I haven't had an ROA and looking over those conditions, i'm sure i wont be able to get one.
Does anyone know what you need to qualify to get RTL and can you work with RTL then?