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HKSAR application for Chinese descent but British national, must declare change of nationality?

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  1. #1

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    Oct 2005
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    HKSAR application for Chinese descent but British national, must declare change of nationality?

    I would like to ask those who are of Chinese descent and born oversseas who have applied for their HKSAR passport.

    Do you know if its a must to declare change of nationality to HK Gov? If so, as one settled back in Hong Kong before 1 July 1997 right of abode should remain? I have 3 stars and right of abode in HK plus China travel card but only my UK passport.

    Any adverse affects from the hksar passport application that will change my current status or rights in HK?

    Taken from Nationality Law of the People's Republic of China 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

    It would seem I am classed as non Chinese national as one parent has settled abroad. So can a non Chinese national born overses with 3 star HKID and China card apply for a HKSAR passport without adverse affects on my British nationality?

    Thanks
    J

    Last edited by JimboJet; 27-09-2011 at 01:38 PM.

  2. #2

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    I'm almost in exactly in the same situation as you, I was born to chinese parents in the UK, I have my Permanent HKID and HRP. I applied for a HK passport earlier this year and got rejected, I was told that I would need to renounce my british citizenship in order to take up chinese citizenship. The only way I would be able to hold both passports would be if my parents were still chinese nationals at the time I was born in the UK.

    I wouldn't take this as official confirmation or anything though, this was just my experience and I may have misunderstood certain parts of it.

    I'm sure someone with better immigration knowledge can offer more insight.

    dossier likes this.

  3. #3

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    Same experience for my missus as well.

    Maple leaf passport, born in Maple Leaf land, perm HKID and HRP.

    When she applied got told she would have to stop eating maple leaf syrup (i.e. give up Maple Leaf passport).

    Thing is we think when she was born her folks we think her parents were not Maple Leaf Citizens yet. However, however we can't find proof of this. Now that we are less busy we may look into it further.

    dossier likes this.

  4. #4

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    Oct 2005
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    Hello guys

    Its all very confusing how they see your current status and even after reading xx pages on HKGov site I'm still confused!

    I guess I just have to apply and see if I'm lucky as I want the visa free benefits of the HKSAR and tax back when I travel to UK! haha

    J

    Bit more info below...taken from a site:

    Eligibility for HKSAR passport:
    I am of Chinese descent. I hold a British Citizen passport and also a HK Permanent Resident ID card. Am I eligible for the SAR passport? Do I need to give up my British Citizen passport for the SAR passport?

    You are eligible to apply for a Hong Kong Special Administrative Region (HKSAR) passport if (a) you are a Chinese citizen; (b) you are a permanent resident of the HKSAR; and (c) you are a holder of a valid Hong Kong permanent identity card.
    All true so I should be able to apply

    BUT!
    Generally speaking, according to "the Interpretation of Chinese Nationality Law when applying in the HKSAR" passed by the Standing Committee of the National People's Congress of the Chinese Government on 15 May 1996, you will be regarded as a Chinese citizen if (i) you are a Hong Kong resident of Chinese descent YESand were born in the Chinese territories (including Hong Kong), NOand (ii) you have not made a declaration of change of nationality at the HKSAR Immigration DepartmentYES. If you remain as a Chinese citizen, your foreign passport will be regarded in Hong Kong and other parts of China as a travel document only and you are eligible to apply for a HKSAR passport.

    For details, please refer to "Explanations of some questions by the Standing Committee of the National People's Congress concerning the Implementation of the Nationality Law of the People's Republic of China in the HKSAR at website:
    http://www.immd.gov.hk/ehtml/chnnationality_2.htm

    But the article 5 states if one parent is overseas your not classified as Chinese national
    To determine whether a person born abroad who is of Chinese descent has Chinese nationality, Article 5 of the Chinese Nationality Law applies.

    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

    Last edited by JimboJet; 27-09-2011 at 02:33 PM.

  5. #5

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    So, clear as mud then?


  6. #6

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    May 2008
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    You need to be a Chinese national to get a HKSAR passport. Whether you are a Chinese national depends on the immigration status of your parents when you were born (and you need to back this up with documentation). If both parents were on some sort of limited term visa, then they did not "settle abroad" and you are still considered a Chinese national. If either parent had already acquired permanent residency or foreign nationality at the time of your birth, you are not a Chinese national.


  7. #7

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    Okay...done some more searching around and called a few immigration offices waiting in line for my turn.

    Low down is you are a Chinese national if EITHER parent held Chinese citizenship at the time of your birth. I know father had UK citizenship at the time of my birth so need to check with my mother now.

    J


    Quote Originally Posted by gnaij:
    You need to be a Chinese national to get a HKSAR passport. Whether you are a Chinese national depends on the immigration status of your parents when you were born (and you need to back this up with documentation). If both parents were on some sort of limited term visa, then they did not "settle abroad" and you are still considered a Chinese national. If either parent had already acquired permanent residency or foreign nationality at the time of your birth, you are not a Chinese national.