VEPIC/RTL - ABC

Hairball · 15-05-2015, 12:24 PM

Originally Posted by icrazeei:

Could you guys elaborate a bit more? I thought I am just establishing that I had chinese nationality at the time of birth to substantiate my application for HK RoA/RTL. I don't intend to take up Chinese citizenship (unless it's synonymous with RoA). Or do you mean when I obtain an HKID, then my "Chinese citizenship" supersedes my US citizenship in Mainland/HK?

Thanks!

Your claim for ROA requires Chinese citizenship, so if you successfully claim ROA that route you will also have your Chinese citizenship established. Therefore in all of China you will then be considered a Chinese citizen.

Of course you have the option to renounce it, which will likely affect your ROA and make you have RTL instead. RTL holders are always non-Chinese citizens.

icrazeei · 15-05-2015, 12:29 PM

Originally Posted by Claire ex-ax:

There are two types of people eligible for PR - Chinese citizens and non-Chinese citizens.

People who are non-Chinese citizens obtain PR (ROA) after 7 years residency. That's how I got it. You haven't done that so you are applying for ROA as a Chinese citizen.

So the the moment you touch Chinese soil with your PR HKID card, you will not be regarded as a US citizen.

Originally Posted by Hairball:

Your claim for ROA requires Chinese citizenship, so if you successfully claim ROA that route you will also have your Chinese citizenship established. Therefore in all of China you will then be considered a Chinese citizen.

Of course you have the option to renounce it, which will likely affect your ROA and make you have RTL instead. RTL holders are always non-Chinese citizens.

Gotcha, thanks for the explanation!

kma88 · 15-05-2015, 12:42 PM

On the other hand, if you are successful in your application, then you will get Chinese consular protection worldwide (except the US where you are a citizen) which is a plus. Of course if you are worried about consular protection in China, after you have successfully applied for your RoA, then just apply to renounce your Chinese nationality. That way, you will be a non-Chinese HK PR.

Morrison · 15-05-2015, 02:35 PM

I am not sure, I think the Application for Verification can only be done in HK. But if you already had a ID card you can go through embassy.

As to point 2.
I did it in one day.
They scan in docs, you get a sticker in passaporte stating " all previous conditions of stay cancelled"
And that qualifies you to walk down and get a waiting ticket for ID app.

The crucial part is to secure a waiting slot in time for that day.

Then you imm. get a temp. iD, a piece of paper that is

btw, I am quite sure you qualify for ROA. It means on the app. you will have to tick a box claiming Roa based on the fact that you are a Chinese national.
The adv. is you get a home return permit.
Disadvantages, as mentioned before.
The regard and treat you just like a Chinese once they put that sticker in your passport

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Morrison · 15-05-2015, 02:57 PM

btw, the only time you must be in HK is the day you submit the app.
They check for the entry stamp later during the process.
Technically, you can mail it from the airport and leave same day, I actually did just that.
The hK Id you can get laterz

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kma88 · 15-05-2015, 04:17 PM

Originally Posted by Morrison:

I am not sure, I think the Application for Verification can only be done in HK. But if you already had a ID card you can go through embassy.

Yes, if you are just applying for the ID card or VEPIC, then you can only do so in HK, as the main purpose for the HKID card is for residents in HK. However, if you are applying for an HKSAR passport overseas and do not have an HKID card, then you can/have to apply for both at the same time. You can see this in the guidelines for Overseas application of HKSAR Passport in the ImmD website.

In fact, I had previously inquired about something along this line and here is the official response from ImmD

(ii) Overseas Application for a Permanent Identity card and a HKSAR passport

If XXX falls into the paragraph 2(c) of Schedule 1 to the Immigration Ordinance as a permanent resident in the HKSAR, he/she will be eligible for a HKSAR passport.

If he/she could not obtain any valid foreign travel document for returning to Hong Kong, you may consider to submit for him/her the overseas application for HKSAR passport through your nearest Chinese Embassy / consulate-general (CDCM). As he/she does not have a HKPIC, he/she should apply the HKPIC together with the HKSAR passport. The application will then be forwarded to the HKSAR Immigration Department for processing. After case approved, the prepared passport and the HKPIC will be sent back to the Chinese embassy / consulate-general for issue.

If XXX can obtain a HKSAR passport to return to Hong Kong, he/she needs not submit the application for VEPIC after his/her arrival in Hong Kong.

icrazeei · 06-06-2015, 01:55 PM

Originally Posted by kma88:

Yes, if you are just applying for the ID card or VEPIC, then you can only do so in HK, as the main purpose for the HKID card is for residents in HK. However, if you are applying for an HKSAR passport overseas and do not have an HKID card, then you can/have to apply for both at the same time. You can see this in the guidelines for Overseas application of HKSAR Passport in the ImmD website.

In fact, I had previously inquired about something along this line and here is the official response from ImmD

(ii) Overseas Application for a Permanent Identity card and a HKSAR passport

If XXX falls into the paragraph 2(c) of Schedule 1 to the Immigration Ordinance as a permanent resident in the HKSAR, he/she will be eligible for a HKSAR passport.

If he/she could not obtain any valid foreign travel document for returning to Hong Kong, you may consider to submit for him/her the overseas application for HKSAR passport through your nearest Chinese Embassy / consulate-general (CDCM). As he/she does not have a HKPIC, he/she should apply the HKPIC together with the HKSAR passport. The application will then be forwarded to the HKSAR Immigration Department for processing. After case approved, the prepared passport and the HKPIC will be sent back to the Chinese embassy / consulate-general for issue.

If XXX can obtain a HKSAR passport to return to Hong Kong, he/she needs not submit the application for VEPIC after his/her arrival in Hong Kong.

Kma88, I actually went ahead with your suggestion and submitted overseas applications for a passport and HKID together via my embassy/consulate, hoping I might get lucky and get approved for both or either. I assume the procedures may differ from embassy to embassy but there were some things that are unclear on the ImmD website that I experienced and can share. They requested 2 copies of all supporting documents, forms, and bank check (either two sets for two applications or one set for HK ImmD and one set for the embassy). Also, the embassy will personally ink your fingerprints for the application so there's no need to do that beforehand. In addition, the ImmD website says to bring the originals of the supporting documents when submitting, which I did, but they didn't need to see them.

Originally Posted by Morrison:

I am not sure, I think the Application for Verification can only be done in HK. But if you already had a ID card you can go through embassy.

As to point 2.
I did it in one day.
They scan in docs, you get a sticker in passaporte stating " all previous conditions of stay cancelled"
And that qualifies you to walk down and get a waiting ticket for ID app.

The crucial part is to secure a waiting slot in time for that day.

Then you imm. get a temp. iD, a piece of paper that is

btw, I am quite sure you qualify for ROA. It means on the app. you will have to tick a box claiming Roa based on the fact that you are a Chinese national.
The adv. is you get a home return permit.
Disadvantages, as mentioned before.
The regard and treat you just like a Chinese once they put that sticker in your passport

Sent from my iPhone using GeoClicks

Thanks Morrison - if the overseas application fails, I'll make a trip to the ImmD and submit my VEPIC. Do you know if I need to show intent to take up permanent residency in HK in order to be granted RoA or would meeting the requirements for RoA suffice?

icrazeei · 06-06-2015, 01:56 PM

Originally Posted by Hairball:

Your claim for ROA requires Chinese citizenship, so if you successfully claim ROA that route you will also have your Chinese citizenship established. Therefore in all of China you will then be considered a Chinese citizen.

Of course you have the option to renounce it, which will likely affect your ROA and make you have RTL instead. RTL holders are always non-Chinese citizens.

What if I enter HK/China with my US Passport instead of HKID/HKSAR passport?

Morrison · 06-06-2015, 04:24 PM

No need to, and as to your 2nd question, it does not matter how you enter but on what grounds you are in HK. You will not get a 90 day visa free stay anymore, they have your particulars in a database

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kma88 · 06-06-2015, 10:30 PM

Good luck on your application! Let us know if you are successful.

Re: entering China with US passport. Firstly if they know or consider you a Chinese citizen, the Chinese consulate would not issue you a visitor visa and will require you to enter mainland China using a Chinese travel document - home return permit (issued in HK) or China Travel Permit (issued overseas, effectively a temporary Chinese passport). The reverse is also true, i.e. you would not be able to apply for a US visa on your hksar passport. As for entry into Hong Kong it doesn't care.

Even if you are able to get a China visa on your US passport (as you are born abroad so Chinese nationality is not obvious), I assume that if you get into serious trouble in mainland China, they will probably find out you have Chinese nationality and treat you as such.