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Eligibility for HKSAR passport for BBC

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  1. #1

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    Question Eligibility for HKSAR passport for BBC

    Hi all,

    I'm British born to both parents of Hong Kong birth but with British citizenship. I have a HKID with ***A0. I have trawled the forums and the Web and even asked my HK cousins but I'm none the wiser given differing opinions received. To my limited understanding, to qualify for HKSAR, you need the ROA and be defined as a "Chinese citizen". I'm confused with the definition of the latter part. According to Article 5 of Nationality Law of the PRC on the HK gov website:

    GovHK: Nationality Law of the People's Republic of China

    states the following:

    Article 5: 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 nationality at birth shall not have Chinese nationality.

    Do I fall short of Article 5 as both my parents are now living in the UK and have British passports? Or am I Chinese citizen by virtue that both my parents are still HK citizens?

    I am grateful if someone can clarify this!

    Cheers,
    Andy


  2. #2

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    In principle, if you have *** on your HKID then you are almost certainly a Chinese Citizen. HOWEVER, it is well recognised now by ImmD that some mistakes were made in the past and people were issued with *** HKIDs who should not have them. So if you apply for a HKSAR passport they will re-examine your claim to citizenship.

    In your case it hinges on the immigration status of your parents in the UK when you were born. If it is deemed that they were both "settled" there at the time of your birth then you are not a Chinese citizen, but if either or both of them were not "settled" then you probably are. "Settled" in UK terms would probably mean having "indefinite leave to remain" or UK citizenship. So the key question is whether they got that before or after you were born.


  3. #3

    If you parents had moved and settled in the UK before you were born then you will not get it, you have to prove to immigration that one of your parents were still resident in HK before you were born to have a chance of having it approved.


  4. #4

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    Quote Originally Posted by SiuMaiTaiTai:
    you have to prove to immigration that one of your parents were still resident in HK before you were born to have a chance of having it approved.
    I believe the requirement is "ordinarily resident" rather than "resident".

  5. #5

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    Quote Originally Posted by PDLM:
    I believe the requirement is "ordinarily resident" rather than "resident".
    Love this level of pedantry.

    Great 'eye' for detail.

    Interesting topic... as I found out recently that while my (HK-born) mother was living/staying in the UK, she was likely NOT officially 'settled' there after all at the time of my birth. (Still trying to get folks to dig out ol' mislaid documents proving that - without proof, little point in putting in an application.)

  6. #6

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    Quote Originally Posted by emmie:
    Love this level of pedantry.
    That's not "pedantry", it's precision. The difference between "resident" and "ordinarily resident" is not an insignificant detail - it is important in several questions of immigration and tax.

    This post, on the other hand, is perhaps tending towards pedantry.
    Last edited by PDLM; 27-06-2011 at 01:38 PM.
    dossier and emmie like this.

  7. #7

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    Thanks all for clarifying my particular case. This is much appreciated! I know now it hinges on the immigration status of my parents. I will now try to obtain UK naturalisation records for both my parents around the time I was born. However my mother arrived in the UK shortly before I was born but may have obtained her UK citizenship some time afterwards.


  8. #8

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    It does not matter where your parents live now or at any time after your birth.
    The requirement is that at the time of your birth your parents or one of them
    was not settled abroad. settled abroad is defined by HK Immi as having an unconditional
    right to stay.


  9. #9

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    I and few overseas born chinese which i know have unsucessfully applied for a HK SAR possibly cos we have not lived here for 7 years, however, i believe that an overseas born chinese (he/she confirmed this a month ago on this very site) who has lived here for 7 years has in sucessfully applied for a HK SAR passport WITHOUT renouncing his original passport, whether this is an error by the passport authorities in HK is another matter..


  10. #10

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    Thanks imparanoic for sharing this knowledge and experience with us.
    Is it that you have been granted ROA based on the fact that according to
    the regulations you are a Chinese national ?
    If yes, then you should be eligible for a HK passport as well.
    If HK Immi handles it differently and lets you wait 7 years then I wonder on what basis
    they deny the passport.


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