Chinese citizenship

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  1. #1

    Join Date
    Nov 2011
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    Chinese citizenship

    Random question.. this is theoretical.

    Let's say someone like my friend who has P.R. and is white but has P.R. by virtue of descent and has visited Hong Kong every 36 months. He has never lived in Hong Kong for 7 years and usually just visits.

    He's been living in Mainland China for 4 years. Now, If he goes to Hong Kong for 3 years, can he apply for Chinese Citizenship? Can he apply for Mainland passport or HKSAR passport? Can he apply for Mainland passport for '7' years in 'China' (4 years mainland 3 years HKSAR), and let's say he's married with a Chinese person and has half chinese kids (with Chinese citizenship), and let's say he renounces his Australian Citizenship.

    If so can he then apply for HKSAR passport by virtue of being a P.R. once he has Chinese citizenship? What if he lived in Taiwan for 4 years instead of the mainland?

    Specifically targeting people like Hairball :-P

    Last edited by HKHK154; 18-01-2013 at 11:01 AM.

  2. #2

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    Apologies for bring up an old thread. I just couldn't resist this.

    Quote Originally Posted by HKHK154:
    Random question.. this is theoretical.

    Let's say someone like my friend who has P.R. and is white but has P.R. by virtue of descent and has visited Hong Kong every 36 months. He has never lived in Hong Kong for 7 years and usually just visits.
    So he's not a Chinese citizen. Unless he's still under 21, I don't think this exists - if you have ROA by descent and are not Chinese then once you turn 21 you lose ROA period. To get it again you'd have to have lived in HK for 7+ years before turning 21.

    Quote Originally Posted by HKHK154:
    He's been living in Mainland China for 4 years. Now, If he goes to Hong Kong for 3 years, can he apply for Chinese Citizenship?
    If he's still ordinarily resident in Hong Kong for those 4 years, then yes. Otherwise, no. It has to be 7 years of residence in Hong Kong, other parts of China do not count. This is described here: http://hongkong.geoexpat.com/forum/52/thread1567.html

    Quote Originally Posted by HKHK154:
    Can he apply for Mainland passport or HKSAR passport?
    He'd have to naturalize first in either case.

    Quote Originally Posted by HKHK154:
    Can he apply for Mainland passport for '7' years in 'China' (4 years mainland 3 years HKSAR), and let's say he's married with a Chinese person and has half chinese kids (with Chinese citizenship), and let's say he renounces his Australian Citizenship.
    Mainland China has its own different set of rules, so the 7 year thing doesn't apply there.

    Quote Originally Posted by HKHK154:
    If so can he then apply for HKSAR passport by virtue of being a P.R. once he has Chinese citizenship?
    Not sure what the rules are if he acquires the Chinese citizenship after he lived 7+ years in Hong Kong. If he can demonstrate that he lived in HK for 7 continuous years (or at least was continuously ordinarily resident during that time), and can show proof of his naturalization as a Chinese citizen on the mainland, then it might work.

    Actually though, no one outside of the HKSAR/MSAR has never been naturalized under the 1980 Nationality Law of the PRC. The law allows it but there are no implementation rules, so the mainland PSBs can't actually accept applications for this.

    Quote Originally Posted by HKHK154:
    What if he lived in Taiwan for 4 years instead of the mainland?
    That's a grey area - will HK ImmD accept naturalization in Taiwan as a valid naturalization under the PRC nationality law? As far as I know, it's never been tested.

    Assuming the answer is yes, though, then this would work, as long as you have the 7 years residence in HK. Again, I don't know if it matters that you had the residence prior to naturalization.