ROA/RTL- can i even get either?

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  1. #1

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    ROA/RTL- can i even get either?

    me: british born chinese with a juvenile hk id card (pre 97). currently residing with green card in USA

    parents: both born in hk- uk citizens when they had me- currently living in USA.

    from what i understand- my parents may not be able to get ROA since they've been gone for so long- personally even though i had ROA, being that i've been gone for so long, all my juvenile card will give me is easier access to RTL?

    thanks all- also how long does the process take? i'm interviewing for a job over there, and i'm sure they'll sponser me if worse comes to worse, but being that i really want this job, i want to seem as attractive as possible to them!


  2. #2

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    ..............

    Last edited by mckpoon; 14-03-2008 at 07:20 AM. Reason: pm'd

  3. #3

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    I'm sure one of the many BBCs will be able to give more advice, but in the meantime...

    Since, as a British born citizen of British parents, you automatically acquire British citizenship at birth you wouldn't appear to have Chinese citizenship. It isn't obvious to me on what grounds you would be treated any differently from any other random British Citizen who spent time in HK pre-handover. Which, I'm afraid means that if you didn't live here for 7 years then you need a visa like anyone else.

    If you did live here for 7 years then you should be on for RTL I think.


  4. #4

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    so wait...my parents are chinese- and still have their id cards/birth papers from hk....and i have my juvenile id card...

    and it doesn't count for anything?!

    Quote Originally Posted by PDLM:
    I'm sure one of the many BBCs will be able to give more advice, but in the meantime...

    Since, as a British born citizen of British parents, you automatically acquire British citizenship at birth you wouldn't appear to have Chinese citizenship. It isn't obvious to me on what grounds you would be treated any differently from any other random British Citizen who spent time in HK pre-handover. Which, I'm afraid means that if you didn't live here for 7 years then you need a visa like anyone else.

    If you did live here for 7 years then you should be on for RTL I think.

  5. #5

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    I *still* haven't done it yet but you should be fine.

    I dug out the notes and you can apply under section (vii) Persons who were permanent residents of Hong Kong before 1 July 1997. You don't need to have lived in Hong Kong for any period of time, you just need to be born before 1997.

    You need to have:
    -your identity document (Passport, birth certificate with both your parent's names)
    -proof of permanent resident by descent e.g. mother's birth certificate

    It's all here:
    The Government of the Hong Kong Special Administrative Region - Immigration Department

    and the notes are:
    http://www.immd.gov.hk/pdforms/rop145a.pdf and go to Page 5.

    You don't even need to read Chinese, it's in English. When you go, I think just make it real simple for them by having everything there. And don't confuse them by explaining you're BC or your parents were settled...if they want to know, they'll ask.

    Last edited by TOR2008; 14-03-2008 at 09:06 AM. Reason: grammar

  6. #6

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    I went through the same thing last year, I'm a BBC and my parents both being HK born but moved to UK before I was born, I ended up getting RTL.

    As long as you have all the necessary paperwork i.e Birth certificates, Marriage certificates, Their old HK I.D card numbers then you might be o.k.

    I'd say your best bet is to speak to immigration direct and to see what your chances are.


  7. #7

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    You should be eligible for RTL from what I see here. If you've been back in Hong Kong once every 36 months since 1997, you should be eligible for ROA provided that you prove that you have not been " absent " from the HKSAR for more than 36 months up to the date you apply. As long you've been back once every three years, you can retain your ROA.

    Is the juvenile card a dependant card or does it state that you have the right of abode in Hong Kong ? If it says you have the right of abode, I think you just need to renew it and you will get right to land automatically if you don't meet the residency requirements to retain your ROA.

    Your parents can retain their ROA automatically because they're both Chinese citizens.

    Last edited by Aritaurus; 14-03-2008 at 09:18 AM.

  8. #8

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    Quote Originally Posted by jimbo:
    As long as you have all the necessary paperwork i.e Birth certificates, Marriage certificates, Their old HK I.D card numbers then you might be o.k.
    Hi there Jimbo, you seem to frequent the boards rather often! You say the old HK ID card numbers. Do they accept the ones from back in the 60's? My parents applied a long time ago for new ones but they aren't that keen on doing a follow-up, BUT I AM. I have my mother's old ID which has been nicely preserved in a tin box, and my father's ID number is written in his old green Hong Kong Document of Identity from back in the day (the card itself has been misplaced through years of moving).

    Will those suffice? Or must they receive their new ones first?

  9. #9

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    unfortunately i haven't been back every 36 mo's=/
    but i assume RTL is fine- main differences is inability to vote, and possible deportation should i commit a felony

    Quote Originally Posted by Aritaurus:
    You should be eligible for RTL from what I see here. If you've been back in Hong Kong once every 36 months since 1997,


    you should be eligible for ROA provided that you prove that you have not been " absent " from the HKSAR for more than 36 months up to the date you apply. As long you've been back once every three years, you can retain your ROA.

    Is the juvenile card a dependant card or does it state that you have the right of abode in Hong Kong ? If it says you have the right of abode, I think you just need to renew it and you will get right to land automatically if you don't meet the residency requirements to retain your ROA.

    Your parents can retain their ROA automatically because they're both Chinese citizens.

  10. #10

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    Quote Originally Posted by campas12:
    unfortunately i haven't been back every 36 mo's=/
    but i assume RTL is fine- main differences is inability to vote, and possible deportation should i commit a felony
    Yep, that's pretty much it. One other major difference is that you have to bring your passport with a special endorsement on it saying you have unconditional stay along with your HKID when you apply for a job. Permanent identity card holders only show the card to their employer.

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