Eligibility for HKID ROA for a FBC

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  1. #1

    Join Date
    May 2011
    Posts
    1

    Eligibility for HKID ROA for a FBC

    Hi everyone,

    I would like to be sure that I didn't get wrong with all the information about this topic.

    - My father holds a HKSAR passport and an HK Permanent ID with the ROA.
    - My father settled in France at the time of my birth

    - I was born out of Hong Kong (in France) and got the French citizenship.
    - I haven't returned to Hong Kong every 3 years.

    This is making not eligible for the the ROA but eligible for the RTL right ?
    I have no ways to get the ROA unless living in Hong Kong for 7 years ?
    I'm confused with it...

    Thank you for your answers.


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    RTL gives you all the same rights as ROA except you can't vote, and any kids born in HK wouldn't automatically get ROA.

    The best guide on eligibility for overseas born Chinese is here: A Guide to the Right of Abode in Hong Kong - HKID for ABC, CBC, BBC


  3. #3

    Join Date
    Mar 2010
    Posts
    6,520

    "Article 5 of Chinese Nationality 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, and who has acquired foreign nationality at birth shall not have Chinese nationality."

    From what I know the HK Immi Dept defines "settled" as being on a permanent visa with no conditions of stay. So you need to check your father's visa status at the time of your birth.
    If you have further questions don't hesitate to come back to this forum, lots of experience available here
    good luck


  4. #4

    Based on my understanding of the rules you qualify for RTL which as Morrison points out gives you just about all the benefits of ROA. Good luck!