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HK ID HELP!

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  1. #11

    Join Date
    Mar 2012
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    4,821
    Quote Originally Posted by HKHK154:
    His mother was born in Hong Kong before 1983, so he is a bdtc by descent. Makes no difference if she naturalised as a British citizen because it didn't cause her to lose BDTC.
    If his mother became a British Citizen under the British Nationality (Hong Kong) Act of 1990 then it is clear that she did lose her BDTC citizenship.
    http://www.legislation.gov.uk/ukpga/1990/34/section/2
    Last edited by Gruntfuttock; 05-05-2013 at 09:30 PM.

  2. #12

    Join Date
    Nov 2011
    Posts
    626

    Uhh isn't that a special act to give 50,000 selected HK'ers British Citizenship? I don't think it's how it usually works. The acquisition of a different type of British Citizenship does not usually remove the original.

    Anyway as she got her citizenship before 1985 and that act was passed in 1990 then it doesn't really apply.

    Either way his mum was a 'belonger' and a 'british subject' so he had ROA and then RTL after the 18 month grace period. IMHO.

    I have a Migraine at the moment but I am 99.9% sure he can get RTL and hopefully hairball can confirm.

    :-}

    Last edited by HKHK154; 06-05-2013 at 04:33 PM.

  3. #13

    Join Date
    May 2013
    Posts
    2

    Hi HKHK154 and Gruntfottock,

    I'm really very grateful for both of your input.

    Just to add some further information which I learnt from my mum just now - she held a HK passport (I am not 100% sure if this is the same as BDTC), and she subsequently married my father, who is a British citizen. He has no ties to HK and she moved over to the UK.

    Once married, she then obtained citizenship by way of UK Naturalisation. After that, I was born in the UK.

    Assuming I did at one point have Permanent Residence by descent, then I would agree that I may be eligible for RTL under:

    http://www.hklii.hk/eng/hk/legis/ord/115/s2aaa.html

    Otherwise, I would have qualified under 3.(1) but my concern would be that I would not meet 3.(1)(b):

    http://www.hklii.hk/eng/hk/legis/ord/115/sch3.html

    In terms of seeking clarity, in your opinions, how would I go about getting an answer once and for all?

    I am visiting HK in August for about 3 weeks so I plan to pop over to the HK ID offices. I would like to be well equipped with documents that might be required.

    Are there any specific forms/fees/documents which I should be aware of before I fly out from the UK?

    Again, many thanks for your insights thus far.

    Last edited by Scarx; 06-05-2013 at 06:54 PM.

  4. #14

    I thought Right to Land (RTL) is given to everyone? I am not sure if it may be different for other people as I hold a US passport.

    For ROA/HK ID if the OP is older than 18 years they will not even consider your parent's history/info.

    When your 18 or over your considered an adult. When I went to the immD recently and told them about my mother being a natural born HK resident who holds a passport/id they immediately cut me off and said it does not matter as I am over 18. So any right I have is based on myself.


  5. #15

    Join Date
    Nov 2011
    Posts
    626
    Quote Originally Posted by raionheart:
    I thought Right to Land (RTL) is given to everyone? I am not sure if it may be different for other people as I hold a US passport.

    For ROA/HK ID if the OP is older than 18 years they will not even consider your parent's history/info.

    When your 18 or over your considered an adult. When I went to the immD recently and told them about my mother being a natural born HK resident who holds a passport/id they immediately cut me off and said it does not matter as I am over 18. So any right I have is based on myself.
    No it's not given to everyone.. that's like saying Hong Kong allows anyone to live there.

    They do certainly consider your parents history.. that's how a person would prove their status in this case.
    Last edited by HKHK154; 21-05-2013 at 11:18 PM.

  6. #16

    Join Date
    May 2008
    Location
    Canada
    Posts
    779

    In short, yes you'll be eligible for RTL. Please check my site as linked earlier for some details.


  7. #17

    Join Date
    Aug 2009
    Posts
    966

    Scarx,

    You should consider going to a Immigration Consultant who can offer you proper advice ex HK immigration officer. I got details of one through a friend of mine and intend to visit him in HK for a totally different matter.

    They will handle your case on your behalf, useful if your not in HK when HKIMM makes their decision.

    I will PM you the details


  8. #18

    Join Date
    Mar 2010
    Posts
    6,514

    I dont think it is necessary.

    If you write HK Immi they will advise on your case.

    Secondly, this forum has many members with similar backgrounds who have been through this.


  9. #19

    Maybe it was different since I used form 1. Which was app for the PID.


  10. #20

    Join Date
    Jan 2012
    Posts
    383
    Quote Originally Posted by raionheart:
    Maybe it was different since I used form 1. Which was app for the PID.
    You need to apply for verification of eligibility for a PHKID (form ROP145) before you could apply for an ID card.
    And they very much do consider your parents history even if you are over 18. I was in my mid-20s when I applied for verification of eligibility and was approve for RTL as my mom was born in HK. I also hold a US passport. Maybe you missed a step and there was a communication breakdown at some point in your process.

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