Like Tree7Likes

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

Closed Thread
Page 1 of 3 1 2 3 LastLast
  1. #1

    Join Date
    Nov 2008
    Posts
    101

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

    Hi all,

    I'm Canadian and I want to apply for ROA or RTL in HK.

    My father was born in mainland China.
    Went to HK in 1950.
    Received a blue HK ID.
    Naturalized at a British Subject in 1966.
    Received a British Passport.
    Left HK in 1967.
    Went to Canada in 1969.
    Became Canadian in 1976.
    I was born in 1977 in Canada.

    I'm still waiting on my mother's info but from what I remember:
    She was born in mainland.
    Went to HK. (Not sure when and she was there for a few years but not sure how many.)
    Received a red HK ID.
    Received a HK Certificate of ID.
    Left HK in 1974.
    Arrived in Canada in 1974.
    Became Canadian at some point.


    Am I eligible to apply for ROA/RTL?


    If so, how can I apply for the verification of eligibility? Complete form ROP145 and submit a photocopy of the following?:

    -My birth certificate (showing parents' names and personal details)
    -My Canadian passport
    -Parents' Hong Kong identity cards (It's old though. My dad's is a blue one dated 1966 while my mom's red dated 1962.)
    -(I read I need to bring my parents' Hong Kong birth certificates but they were not born in HK so I guess it's no applicable.)
    -Parents' marriage certificate (Canadian one I guess.)
    -Parents' BDTC passports showing immigration status abroad (My dad's old British Passport stating his national status is"British Subject Citizen of the United Kingdom and Colonies")
    -Parents' naturalization certificates (My dad has a Certificate of Naturalization dated 1966 but my mother does not have a certificate)

    I plan to apply in person. Anything else I need to do or be aware about? If they need original documents, can I submit it on behalf of my parents?

    Thanks and hope to hear from someone soon,

    Chris


  2. #2

    Join Date
    Mar 2010
    Posts
    6,745

    1 write them an email asking whether you are eligible under any scheme

    They will give you some guidance which is, well, only for your reference . All depends on verification results, ROP 145.

    No need to submit in person, I think even then you still have to wait for a confirmation letter with case number and officer name.
    Better wait and see what documents they ask for in that letter.

    Unless either one of your parents had not permanently settled in Canada at the time of your birth ( judged by the type of visa they held)
    you are not regarded as a Chinese national and thus no RoA. See Chinese nationality law on HK immis website.
    I dont know about RTL, check user hairball's guide to ROA/ RTL, but note that his very useful guide contains a mistake wheb it comes to Chinese nat law.

    hayzen likes this.

  3. #3

    Join Date
    Mar 2010
    Posts
    6,745

    You need to be in HK when you submit the application
    I mailed it from TST and left same day, they check for entry chop at a later stage


  4. #4

    Join Date
    Jul 2010
    Location
    Hong Kong
    Posts
    768

    I will honestly tell you that I don't knwo the answer to your question. However, in coutries such as the US and I believe UK as well, nationality depends on the law at the time of your birth. For example, to determine if one is eligable for US citizenship now, if they were born abroad, one doesn't refer to today's law, you must go back to the date of your birth and see what the eligibility requirments were then. I am aware that much has changed since your birth and the handover will complicate the process. However, its worth looking tin.


  5. #5

    Join Date
    May 2013
    Posts
    80

    what your father did between 1967 and 1969?


  6. #6

    Join Date
    Nov 2008
    Posts
    101

    He went to the UK. I didn't add that info because I thought it wasn't relevant.


  7. #7

    Join Date
    May 2013
    Posts
    80
    so, you are not falling under categorie A,B or C.., therfore you not need waste time with your application.

    According to paragraph 2(a) to (f) of Schedule 1 to the Immigration Ordinance, which came into operation on 1 July 1997, you are a permanent resident of, and can enjoy the right of abode in, the HKSAR if you fall into one of the following categories:
    (a)
    A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR.
    (b)
    A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than 7 years before or after the establishment of the HKSAR.
    (c)
    A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).
    (d)
    A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his or her place of permanent residence before or after the establishment of the HKSAR.
    (e)
    A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his or her birth, or at any later time before he or she attains 21 years of age, one parent has the right of abode in Hong Kong.
    (f)
    A person other than those residents in categories (a) to (e), who, before the establishment of the HKSAR, had the right of abode in Hong Kong only.
    Last edited by cokezero; 27-05-2013 at 12:44 AM.

  8. #8

    Join Date
    Mar 2010
    Posts
    6,745

    He is just trying to defend his shrinking pie by using a different approach.

    You could be (c) and your mother (b) thus ROA.
    So a lot depends on your mother's immigration details.

    And RTL would be another option for you

    Last edited by Morrison; 27-05-2013 at 01:26 AM.
    hayzen likes this.

  9. #9

    Join Date
    Nov 2008
    Posts
    101

    Yeah, I saw that too. Also, he still hasn't replied why he thinks people who are eligible for ROA/RTL status (regardless of where they are from) automatically means they do not work and do not contribute to society.

    Thanks Morrison for you helpful info. Hairball's ROA/RTL guide also said this:

    "Q: My Hong Kong parent was born in mainland China, I was born in another country, can I get ROA in Hong Kong?
    A: This is a complicated question. If you are a Chinese citizen according to the PRC Nationality Law, and born after your parent obtained right of abode in Hong Kong, then yes, you would also have ROA in Hong Kong. If you are not a Chinese citizen, then your parent must have naturalized as a British subject before your birth, and you had to be born before July 1, 1997 in order for you to get BDTC and ROA status in Hong Kong."

    My father was naturalized as a British Subject and I was born before 1997. I came onto GeoExpat to try and reconfirm if I was eligible.

    Last edited by hayzen; 27-05-2013 at 01:48 AM.

  10. #10

    Join Date
    Mar 2010
    Posts
    6,745

    Well, yours is a complex case and we could discuss it for a long time here. Trust me, it is more efficient to get the info about your mother straight, then approach HK Immi and ask for guidance.
    Right now we cant even tell whether or not you are regarded as Chinese national.

    Good luck and be persistent.

    Last edited by Morrison; 27-05-2013 at 11:09 AM.

Closed Thread
Page 1 of 3 1 2 3 LastLast