Do HKSAR Govt. allow DUAL nationality?

[Morrison]

I have quoted your whole previous post.
If you now say "In the context you quoted, it is irrelevant, but it is not incorrect."

Then the question is why do you come up with irrelevant terms such as "native-born" ?
This is a term created by you and does not get mentioned in any of the documents I have seen so far. Or where did you read about "native-born" ?
You always avoid the tough questions, hiding behind a technicality aka " it is not incorrect".

Fact is, what you wrote was incomplete and by adding the term "native born" even misleading, big time.

[PDLM]

If you look back you will see that I was replying to a specific poster commenting on that specific poster's case. You quoted my reply without quoting the quote within that reply making it clear what I was responding to. The poster had just stated that they were born in Hong Kong. My post was not an attempt at an exhaustive description of Chinese Nationality Law and HK ROA for all possible cases - it was a response to a specific (native-born) poster with a specific question.

[raionheart]

Hey Everyone,
Sorry to bring up an old thread-- but it was the top link on google search for dual nationality questions

May I please seek some advice regarding my particular situation regarding dual nationality.

I was born in the USA, but lived in HK from from an infant to 4 years of age. So from 1989 to 1992. (So pre-'97 era) and even went to school there. The school was called Pui Ching (if you sound it out lol). So I speak cantonese fluently as it was my first language (mother tongue) but cannot read/write. Went back to the US to live with my parents and from then on stayed in US mostly with occasional trips back to HK to visit my family in HK.

My mother is born and raised in HK so she has both HK citizenship and US citizenship. So she has a dual citizenship with passports for both HK and US.
My father was born in China but cannot get dual citizenship because China not does not offer dual citizenship and that would mean he would have to give up his US citizenship.

We never got around to looking into getting a dual citizenship for me due to timing constraints. But over the years friends/acquaintances/family have had their US born kids (who has not even lived in HK at all or even speak Cantonese) get granted dual citizenship.

I am 24 now, would it be possible for me to get dual citizenship?
From reading the documents I cannot claim dependent on my mother anymore since I am over 18.

I know the most common way is live in HK for 7 years but our friends/acquaintances do not even live there at all so I am wondering how they are doing this?

I know it's been harder to get granted over the years as well. But since I just graduated from college I finally have time to look into this.

And can someone explain to me the difference between ROA vs Permanent residency card? Are they two separate things I need to apply for? Which one would allow me to try and apply for a passport?

That would allow me to travel across China borders without needing to purchase a visa? Like if I wanted to go to Sum Jung with my grandmother I would need to purchase an expensive visa just for 1-2 trips.

What sort of documents would I need to proceed for application?

Any advice or suggestions that may help would be much appreciated.

Many thanks in advance

[User]

Hey Everyone,
Sorry to bring up an old thread-- but it was the top link on google search for dual nationality questions

May I please seek some advice regarding my particular situation regarding dual nationality.

I was born in the USA, but lived in HK from from an infant to 4 years of age. So from 1989 to 1992. (So pre-'97 era) and even went to school there. The school was called Pui Ching (if you sound it out lol). So I speak cantonese fluently as it was my first language (mother tongue) but cannot read/write. Went back to the US to live with my parents and from then on stayed in US mostly with occasional trips back to HK to visit my family in HK.

My mother is born and raised in HK so she has both HK citizenship and US citizenship. So she has a dual citizenship with passports for both HK and US.
My father was born in China but cannot get dual citizenship because China not does not offer dual citizenship and that would mean he would have to give up his US citizenship.

We never got around to looking into getting a dual citizenship for me due to timing constraints. But over the years friends/acquaintances/family have had their US born kids (who has not even lived in HK at all or even speak Cantonese) get granted dual citizenship.

I am 24 now, would it be possible for me to get dual citizenship?
From reading the documents I cannot claim dependent on my mother anymore since I am over 18.

I know the most common way is live in HK for 7 years but our friends/acquaintances do not even live there at all so I am wondering how they are doing this?

I know it's been harder to get granted over the years as well. But since I just graduated from college I finally have time to look into this.

And can someone explain to me the difference between ROA vs Permanent residency card? Are they two separate things I need to apply for? Which one would allow me to try and apply for a passport?

That would allow me to travel across China borders without needing to purchase a visa? Like if I wanted to go to Sum Jung with my grandmother I would need to purchase an expensive visa just for 1-2 trips.

What sort of documents would I need to proceed for application?

Any advice or suggestions that may help would be much appreciated.

Many thanks in advance

Check your parents' green cards.

If at least one of your parents was not settled in a foreign country when you were born, you are a Chinese national with ROA in HK.

If both of your parents were settled out of China when you were born, you are not a Chinese national but was a British subject with ROA in HK through 6/30/97 if your mother was an HK-related Brish subject when you were born. You lost British nationality on 7/1/97, if--I assume--you never registered yourself as a BN(O). Your ROA could have downgraded to RTL if you have ever been absent from HK for a continuous period of 36 months after 6/30/97.




And can someone explain to me the difference between ROA vs Permanent residency card?
HK Permanent Resident Card evidences its holder has ROA in HK.

Are they two separate things I need to apply for?
Once your ROA is verified, you can apply for HKPIC.

Which one would allow me to try and apply for a passport?
If you have proper documents to evidence that you are a Chinese national and have ROA in HK, you can apply for HKSAR passport. You have to apply HKPIC when you apply for HKSAR passport.

[User]

My father was born in China but cannot get dual citizenship because China not does not offer dual citizenship and that would mean he would have to give up his US citizenship.

Had your father ordinarily resided in HK for a continuous period of 7 years before he moved to the US? If yes, his US citizenship is not recognized by CN/HK/Mo authorities and has never lost Chinese citizenship.

[raionheart]

Nope my mother was not settled in foreign country yet when I was born. She only had a visa/greencard to US. So if we were able to show a photocopy of it with the date and my birth certificate it would be a good way to build the case? I also still have my Hong Kong passport from when I was younger .

My father was born and raised in china not HK so I believe the rules/regulations are somewhat different. And from reading articles online china does not recognize dual citizenship. So he could hold only one which is his US one.

Are these the documents I should use to apply?
And do I apply for both ROA and Identity card at the same time?

http://www.immd.gov.hk/pdforms/ROP1.pdf

http://www.immd.gov.hk/pdforms/rop169.pdf

Many thanks again.
I really appreciate all the input

[dumbdonkey]

Chinese nationality laws do not apply in Hong Kong before 1997. What are you talking about?

[Morrison]

Google for user hairball's guide to ROA but ignore his incorrect interpretation of Chinese Nationality law. for that go to HK immi's website or note what the user User has written about parents immigration status at the time of your birth.

Since you were born abroad, even if you qualify for ROA and they approve you quiclkly,
Passport and home return permit will take at least another 7 months from then, as you will be under special scrutiny,

[Hairball]

Chinese nationality laws do not apply in Hong Kong before 1997. What are you talking about?

Actually, it did apply before 1997, it just retroactively came into force after Hong Kong became under Chinese rule.

[Morrison]

That is correct.
It even applies to people born before the law
was conceived.