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Am I eligible to apply for Right of Abode or Right To Land?

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  1. #11

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    According to The Nationality Law of the PRC, you were not a Chinese national when you were born because 1) you were born out of China, AND 2)you were regarded as a Canadian citizen at birth according to Canadian laws; AND 3) both of your parents were settled out of China when you were born. You never acquired Chinese nationality after your birth.

    You had ROA in HK at birth because your father was an HK-related British subject when you were born.

    If you were never present in HK between 6/30/97 and 7/1/00, you lost ROA and acquired ROL in HK on 7/1/00.

    Gruntfuttock and hayzen like this.

  2. #12

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    I missed that your mother's immigration status when you were born. You need to find out if your mother had acquired permanent resident status at that time. If your mother moved to Canada on an immigration visa as a spouse of a Canadian or a fiancé visa to marry a Canadian, she had settled out of China before your birth.

    Quote Originally Posted by User:
    According to The Nationality Law of the PRC, you were not a Chinese national when you were born because 1) you were born out of China, AND 2)you were regarded as a Canadian citizen at birth according to Canadian laws; AND 3) both of your parents were settled out of China when you were born. You never acquired Chinese nationality after your birth.

    You had ROA in HK at birth because your father was an HK-related British subject when you were born.

    If you were never present in HK between 6/30/97 and 7/1/00, you lost ROA and acquired ROL in HK on 7/1/00.

  3. #13

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    Quote Originally Posted by User:
    I missed that your mother's immigration status when you were born. You need to find out if your mother had acquired permanent resident status at that time. If your mother moved to Canada on an immigration visa as a spouse of a Canadian or a fiancé visa to marry a Canadian, she had settled out of China before your birth.
    My mother stayed in HK for 14 years but only received a HK Certificate of ID. My father moved to Canada in 1969 and sponsored my mother to come over in 1974. They married in Canada in 1974. My father became Canadian in 1976 while my mother did as well in 1977. Later, I was born in Canada in 1977.

    Quote Originally Posted by User:
    You had ROA in HK at birth because your father was an HK-related British subject when you were born.

    If you were never present in HK between 6/30/97 and 7/1/00, you lost ROA and acquired ROL in HK on 7/1/00.
    Would the HK government keep a record of when I entered/exited HK? I believe I have set foot in HK between 1997 to 2000 but I don't have any of my old passports with me at this moment to confirm.

  4. #14

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    Quote Originally Posted by hayzen:
    Would the HK government keep a record of when I entered/exited HK? I believe I have set foot in HK between 1997 to 2000 but I don't have any of my old passports with me at this moment to confirm.
    that's irrelevant in your case. you are only eligible for a RTL.

  5. #15

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    Quote Originally Posted by dumbdonkey:
    that's irrelevant in your case. you are only eligible for a RTL.
    visited every 3 years = roa

  6. #16

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    Was your birth later than your father's or mother's acquisition of Canadian citizenship? If later than your mother's, you are not a Chinese national because she settled out of China before your birth. Otherwise you need to find out if your mother had acquired permanent resident's status before your birth.

    Quote Originally Posted by hayzen:
    My father became Canadian in 1976 while my mother did as well in 1977. Later, I was born in Canada in 1977.


    If you are not a Chinese national, absence from HK for any continuous 36 months could have downgraded your ROA to RTL. Yes, they have a complete record, as long as you can provide your previous passport number(s).
    Quote Originally Posted by hayzen:
    Would the HK government keep a record of when I entered/exited HK? I believe I have set foot in HK between 1997 to 2000 but I don't have any of my old passports with me at this moment to confirm.


    By the way: Both of your parents are Chinese nationals and have ROA in HK; they are eligible for HKPIC, HKSAR passport, and Home Return Permit (for purpose of traveling to mainland China); their foreign nationalities are not recognized by CN/HK/MO authorities.
    Last edited by User; 29-05-2013 at 02:49 PM.
    hayzen likes this.

  7. #17

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    Quote Originally Posted by User:
    Was your birth later than your father's or mother's acquisition of Canadian citizenship? If later than your mother's, you are not a Chinese national because she settled out of China before your birth. Otherwise you need to find out if your mother had acquired permanent resident's status before your birth.


    By the way: Both of your parents are Chinese nationals and have ROA in HK; they are eligible for HKPIC, HKSAR passport, and Home Return Permit (for purpose of traveling to mainland China); their foreign nationalities are not recognized by CN/HK/MO authorities.
    Yes, I was born after both my parents became Canadian.

    I have been outside of HK for longer than 36 months once before so it seems I can only get RTL.

    My parents are eligible for HKPIC, HKSAR passport, and Home Return Permit? Wow, thanks for the bonus info. Is it relatively easy to apply?
    Last edited by hayzen; 30-05-2013 at 12:54 AM.

  8. #18

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    You can submit an application for verification when you are in HK. If you need to leave HK, just provide notarized documents requested in the mail and keep in contact with the officer over the phone so your case won't be closed due to inactivity.

    An expired CI is a forever-valid evidence of ROA in HK and Chinese nationality. Your mother can enter HK as a Chinese national and a permanent resident without any restriction on her expired CI. Additionally showing a valid Canadian passport with a recent photo will, of course, help identifying her.

    With a CI, which denotes ROA and Chinese nationality if born in China, your mother can apply for HKPIC and HKSAR passport without verification process.

    I guess your father never registered as a BN(O) and thus lost British nationality on 7/1/97. If without a CI, your father will not be able to enter HK as a Chinese national on a BDTC passport because that British nationality doesn't necessarily mean he had ROA according to today's laws -- he will need to go through a verification process before he can apply for HKPIC and HKSAR passport.

    Anyway, they don't have to apply for HKPICs if they don't need to remain in HK for more than 30 days in a row; and they don't need to apply for HKSAR passports unless they need to get HRPs for mainland.

    Quote Originally Posted by hayzen:
    Yes, I was born after both my parents became Canadian.

    I have been outside of HK for longer than 36 months once before so it seems I can only get RTL.

    My parents are eligible for HKPIC, HKSAR passport, and Home Return Permit? Wow, thanks for the bonus info. Is it relatively easy to apply?

  9. #19

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    Just forgot to mention this:

    You had ROA at birth (later downgraded to RTL) because of your father, who had ROA and was an HK-related British subject, not your mother.

    Your mother was not able to pass her ROA to you because you were not born with Chinese nationality. Thus although your mother's ROA is already confirmed by her CI, it doesn't help your case.

    If your father cannot dig out his CI, which may or may never existed, you will need to evidence your father's continuous period of 7 years' ordinary residence in HK in order to establish ROA for both your father and yourself.


  10. #20

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    Quote Originally Posted by User:
    Just forgot to mention this:

    You had ROA at birth (later downgraded to RTL) because of your father, who had ROA and was an HK-related British subject, not your mother.

    If your father cannot dig out his CI, which may or may never existed, you will need to evidence your father's continuous period of 7 years' ordinary residence in HK in order to establish ROA for both your father and yourself.
    My father doesn't have a CI but he lived in HK for 17 years and during that time, he applied to be a British Subject. What kind of evidence would he need to verify? Employment record? Utility bills? Etc?