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Right to Abode / Land for British Citizen born in HK

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  1. #1

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    Right to Abode / Land for British Citizen born in HK

    Hello,
    My father was born in HK in 1954 and was born to British parents. He lived there for the first 12 years of life and then moved to UK for school(I think) for a few years before finishing school in Hong Kong. My grand father also lived there for a total of around 35-40 years until leaving before the hand over to PRC.

    My dad went to college / lived as an adult in UK and I was born in the UK. I was born in 1985 in the UK. He has not lived in HK since he was 17 or 18 for any lengthy period.

    TLDR, Born in HK, 100% non Chinese, 12 years unbroken, 15 years total.

    Does he have any kind of right to live in Hong Kong now? If so, how can he prove it? What kind of documentation is required? Also, am I his son entitled to live in HK at all?

    Thanks.


  2. #2

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    TDLR??????


  3. #3

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    If your dad lived in HK for 12 years in a row he must have been granted permanent residency (even that long back) does he have an ID card or at leas an ID card number? that would be the starting point.

    As for your status - I really don't know.


  4. #4

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    best bet would be to contact hk immig. although, i highly doubt you will be entitled to anything.


  5. #5

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    you have nothing. your father may.


  6. #6

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    Permanent residency wasn't granted to non-Chinese people (including British folks, although some exceptions for non-Chinese) until 1997. He might have had Right to Land if he/his parents applied for it.

    Last edited by Claire ex-ax; 15-11-2011 at 01:07 PM.

  7. #7

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    Your dad was a permanent resident of Hong Kong before 7/1/97. He lost ROA and got ROL when he had been away from HK for 36 months (after 7/1/97). His ROA before 7/1/97 can be established by providing his current travel document (UK passport) and proof of 7 years continuous ordinary residence in Hong Kong, such as school documents, employment proof, official receipts, bank statements or income tax receipts.

    You have no right to live in HK.


  8. #8

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    So basically he would have had PR at some point by default? If he was to go there now and apply and say he was granted RTL, would my mother also be able to get a 'spouse' visa, and technically if she had kids they'd also be able to get 'dependent' visa status if they were under 18?

    There is no way I could spend time with my father if he was going there to work, apart from as a tourist/as someone unrelated to HK?

    Last edited by HKHK154; 15-11-2011 at 04:18 PM.

  9. #9

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    If your dad acquires RTL ID card, settles in HK and has proper financial resources, his wife and children under 18 can get dependent visas.

    Apart from visiting HK as a tourist, you can apply for a visa (type of visa shall depend on what you are planning to do in HK).


    Quote Originally Posted by HKHK154:
    So basically he would have had PR at some point by default? If he was to go there now and apply and say he was granted RTL, would my mother also be able to get a 'spouse' visa, and technically if she had kids they'd also be able to get 'dependent' visa status if they were under 18?

    There is no way I could spend time with my father if he was going there to work, apart from as a tourist/as someone unrelated to HK?

  10. #10

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    Sorry to keep going with this, but I am curious about some things.

    1. My father was born to a British Father in HK in 1954.

    Generally anyone born in Hong Kong before January 1, 1983 was a British subject at birth, and they were a Citizen of United Kingdom and Colonies (CUKC). By simply being born in Hong Kong, one would be a CUKC. However, if born abroad before 1983, the child can only be a CUKC if the father was a CUKC, and the parents must have been married. If the mother is a CUKC and the father is not a CUKC, then the child will not be a CUKC. (Source: Wikipedia)
    As of January 1, 1983, all CUKCs became British Dependent Territories Citizens (BDTC). While the status is generally the same concept, there are differences in how one can acquire BDTC.
    Does this mean that he was a CUKC and then automatically obtained BDTC? (even though he was not in HK?)

    If so would I have gained BDTC by descent at birth?

    Also it says
    As mentioned earlier, all BDTCs had the right of abode in Hong Kong before July 1, 1997. Therefore, if you are a non-Chinese citizen born outside Hong Kong before July 1, 1997, and one of your parents was a BDTC (by birth in Hong Kong, or naturalization) before you were born, then you would also have been a BDTC, and as a result you would be eligible for right of abode in Hong Kong before the handover, and continue to have it at the time of the handover. (Source: Hong Kong Economic and Trade Office via archive.org)
    A Guide to the Right of Abode in Hong Kong - HKID for ABC, CBC, BBC is where I grabbed this.

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