Please delete
Last edited by Morrison; 21-07-2015 at 04:18 PM.
I don't want to argue anymore, there will be no more reply from me on this thread.
I know because I have relatives with extremely similar case as Q10's.
The children of such case, who were born outside of HK before the handover, may still be eligible for Right to Land in HK, but not HKPR, as they were considered HKPR before 1 July 1997. They are former HKPR without Chinese citizenship.
Just look at this
Right of Abode | Immigration Department
Q10. If I have emigrated overseas and I am an overseas resident (e.g. become a US resident, holder of US green card but have not yet naturalized as a US citizen), can my child born in a foreign country (e.g. US or Canada) enjoy the right of abode in the HKSAR?
If a child has acquired a foreign nationality at birth to parents of Chinese nationality who have settled overseas (e.g. in the USA) at the time of the child’s birth, regardless of whether or not the parents have acquired the foreign nationality, the child does not have Chinese nationality in accordance with Article 5 of the Nationality Law of the People’s Republic of China. As the child is not a Chinese citizen, he or she is not eligible for Hong Kong permanent resident status.
Supplementary Information
Under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, Cap 115, 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 born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, is a permanent resident of the HKSAR and can enjoy the right of abode in Hong Kong.
However, for a Chinese citizen born in Hong Kong or has ordinarily resided in Hong Kong for a continuous period of not less than 7 years, his or her child’s eligibility for the right of abode in Hong Kong depends on whether this child has Chinese nationality at the time of birth.
Article 5 of Chinese Nationality Law states that: “Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.”
Under normal circumstances, having permanent resident status in a foreign country (that is, having resided abroad ordinarily and not being subject to any limit of stay) will be treated as having settled abroad.
Last edited by SNQhk; 21-07-2015 at 04:53 PM.
You are qualified for the RTL because you were a HKPR before the handover. But you did not live in HK for at least 36 months after 1 July 97, your HKPR status was automatically lost but you are still eligible for
The exact requirements for BDTCs or BN(O)s are no longer available on official websites, as the deadline to apply for them have long passed.
RTL.
RTL is a thing only for former HKPR without Chinese citizenship. So if you have RTL, it means at some earlier period in your life, you had HKPR.
Those born on or after 1 July 97 outside of HK are a different story.
Many HK BDTCs were not good in or can speak a complete sentence in English. As is the true case of the population in HKSAR nowadays.
Last edited by SNQhk; 21-07-2015 at 05:30 PM.
I personally welcome that you won't reply anymore. This way you won't mislead people.
Sent from my iPhone using GeoClicks
I presume your sons were born after 1 July 1997 in the United States, obtained US Citizenship at birth in the USA by jus soli, and at their birth, both you and your wife were US Permanent Residents.
If the above is all correct, then unfortunately your sons have no entitlement to any kind of HKID (not even Right to Land - RTL). The only way they would get any HKID in the HKSAR would be on a Dependent visa and through 7-years continuous ordinary residence to obtain non-Chinese ROA.