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Baby born in HK but denied hk passport

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  1. #1

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    Jul 2007
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    Baby born in HK but denied hk passport

    Hi I've lived in hk for 6 yrs and my baby was born here last month. I picked up the birth cert and was given a visa that said he could only stay for 6 months. I'm Austalian and my wife is Indonesian. I have a working visa and my wife was and still is in the process of applying for a dependant visa (changing from DH Visa)

    I thought my baby will be a resident
    We planned to stay and put him in local schools
    Can we still do it?


  2. #2

    Join Date
    Dec 2010
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    Wrong side of the door to hell
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    You have to be a permanent resident for your child to claim right of abode. You should be able to get your child a dependent visa however. if you stay and claim Permanent residence after 7 years, it appears at that point your child may also claim PR.

    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.
    Please note that on attaining the 21 years of age, the person ceases to be a permanent resident of the HKSAR under this category. He or she may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d).
    http://www.gov.hk/en/residents/immig.../roa/eligible/
    Last edited by kimwy66; 13-08-2013 at 07:55 PM.
    Titus likes this.

  3. #3

    Join Date
    Aug 2012
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    59

    yeah they only give you a passport if you are properly chinese. He will get a ID card though and you will have no problem getting him into local schools.


  4. #4

    Join Date
    Mar 2012
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    I guess your child's visa was 6 months because that's how long your Employment Visa has to run. Your wife's will be the same. Then when you all renew together you'll all get 1 or 2 years more. When you get PR your son will also, but your wife will need to hold a Dependant Visa for 7 years until she gets PR.

    Last edited by shri; 15-08-2013 at 11:09 AM.

  5. #5

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    Your child will have an Australian passport, which is the important thing. It was never going to have an HKSAR one.


  6. #6

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    I don't understand why the OP even thought for a moment his child would be regarded as a Chinese citizen...

    Last edited by Claire ex-ax; 13-08-2013 at 10:10 PM.

  7. #7

    Join Date
    Mar 2012
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    Your baby won't really be issued a HK Passport because you are an Australian and not yet a HK Permanent Resident. But don't worry about his 6 months visa, when you extend your visa you can include his visa extension in the form. It's actually included in the questionnaire, if you require dependant application along with your application. You can apply your baby's permanent visa along with your own application the moment you completed your seventh year in HK.

    Last edited by Beth10; 16-08-2013 at 03:03 AM.

  8. #8

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    But your kid will never be chinese


  9. #9

    Join Date
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    Quote Originally Posted by Beth10:
    Your baby won't really be issued a HK Passport because you are an Australian and not yet a HK Permanent Resident.
    No, the baby won't get a HK passport because neither parent is a Chinese Citizen. Any other passports held by the parents and whether or not they are HK PRs are irrelevant.

  10. #10

    Join Date
    Apr 2005
    Location
    Victoria, Hong Kong
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    833

    Baby born here doesn't get Right of Abode, but a mainland Chinese who set the Immigration Tower on fire killing 2 and injuring many more is granted Right of Abode. What has this city coming to...

    http://badcanto.wordpress.com/2013/0...ong-residency/


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