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Permanent Id card and the 3 year rule?

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  1. #31

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    Quote Originally Posted by imparanoic:
    another question relating to this matter :-

    if your parents were originally indigenous Hong Kong/hakka/hok lo People (原居民) and you were born outside of hong kong before 1997, thus that mean you will be granted ROA /3* status regardless the 3 year rule, it seems to be the case as i know many indigenous Hong Kong/hakka/hok lo People (原居民) born overseas who have applied adult PID with ROA /3* status though they have not been in hong kong for many years.
    I don't think these people get special rules for immigration. Most likely it's just an improper application of the laws before 1997 regarding Chinese nationality, and now it's getting slowly corrected.

    Quote Originally Posted by imparanoic:
    another question, if a person (born before 97) whose parents were hk citizens, however, has never applied for a hk id card, would he/she be entitled for a ROA/3* or RTL/no star card if he or she ever to apply in future.
    It depends on the parents' status in the other country when they were born, if they are a Chinese citizen.

    I've written extensively on this:
    A Guide to the Right of Abode in Hong Kong

    Just read my page and a lot of this will be more clear.
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  2. #32

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    Quote Originally Posted by Hairball:
    I don't think these people get special rules for immigration. Most likely it's just an improper application of the laws before 1997 regarding Chinese nationality, and now it's getting slowly corrected.



    It depends on the parents' status in the other country when they were born, if they are a Chinese citizen.

    I've written extensively on this:
    A Guide to the Right of Abode in Hong Kong

    Just read my page and a lot of this will be more clear.

    thanks for your help,

    i assume that we are the last generation of overseas born chinese to be entitled to HK IDs/ ROA/r* then... does that mean that all overseas born chinese's offsprings must be born in hk to be automatically entitled to hkid/3*/ROA status

  3. #33

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    Yes. This is commonly true for nationality/residence rights - only the first generation born elsewhere gets them. It rarely goes further than that.

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  4. #34

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    (I was the original poster of this thread, so please refer to my previous posts regarding my 3* ROA status)

    My father who was born in HK, and travelled to the UK on a HK passport under a 'British Colony travel document' in 1957. Weather my father was classed as 'settled in the UK' I am not sure as this was his only travel document until he applied for a UK passport.

    This travel document expired at the end of 1967, and I was born before this document expired, and it was only after I was born, my father got his 'Full' UK passport. Could I take it that when he received his UK passport that this is when he could have been classed as 'settled'?

    Does this therefore mean that I will keep my 3* status regardless of the 3 year rule? Also.. If I were to extend my leaves, ie that I do not return within 3 years, Does HK immigration know this immediately when I return to HK, and wheels put into motion that I will lose my 3* status?


  5. #35

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    Probably the easiest way to tell is to apply for a HKSAR passport, as this would show that you have the *** and right of abode. (Though perhaps the downside is that it gets their attention)

    The status your father was "settled" in the UK was important if at the time of your birth you were a UK citizen.

    But yes, they do keep immigration records so most likely they should know your absences.


  6. #36
    Quote Originally Posted by acwman:
    (I was the original poster of this thread, so please refer to my previous posts regarding my 3* ROA status)

    My father who was born in HK, and travelled to the UK on a HK passport under a 'British Colony travel document' in 1957. Weather my father was classed as 'settled in the UK' I am not sure as this was his only travel document until he applied for a UK passport.

    This travel document expired at the end of 1967, and I was born before this document expired, and it was only after I was born, my father got his 'Full' UK passport. Could I take it that when he received his UK passport that this is when he could have been classed as 'settled'?

    Does this therefore mean that I will keep my 3* status regardless of the 3 year rule? Also.. If I were to extend my leaves, ie that I do not return within 3 years, Does HK immigration know this immediately when I return to HK, and wheels put into motion that I will lose my 3* status?
    Before 1962, people of Hong Kong had unrestricted freedom to enter & reside in the UK. Therefore your father was technically 'settled' - as no conditions of stay in the UK could be imposed on him on entering the UK in 1957.

    Before 1983, anyone born in the UK was automatically a British citizen.


  7. #37

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    Thanks for that.. Well I guess that has answered it once and for all..

    ..I'd better go back every 3 years just incase then


  8. #38

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    Quote Originally Posted by Hairball:
    Probably the easiest way to tell is to apply for a HKSAR passport, as this would show that you have the *** and right of abode. (Though perhaps the downside is that it gets their attention)

    The status your father was "settled" in the UK was important if at the time of your birth you were a UK citizen.

    But yes, they do keep immigration records so most likely they should know your absences.
    Hairball, how strict are they on the definition of settled abroad as equating having permanent residence?

    Do you know of anyone whose parent had a green card or similar when they were born but were able to claim Chinese nationality anyways on a technicality? Like the parent obtained the green card by being sponsored through his own parent (the claimant's "grandparent") but that "grandparent" was actually not related to the person who he sponsored as his child? (So the claimant is related to his parent but not the "grandparent.") Could a case be made that the green card holder was then technically subject to a limitation of stay (i.e. immediate deportation) and thus not settled? HK Immigration's enquiry department refused to answer this.

  9. #39

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    Quote Originally Posted by IceEagle:
    Hairball, how strict are they on the definition of settled abroad as equating having permanent residence?

    Do you know of anyone whose parent had a green card or similar when they were born but were able to claim Chinese nationality anyways on a technicality? Like the parent obtained the green card by being sponsored through his own parent (the claimant's "grandparent") but that "grandparent" was actually not related to the person who he sponsored as his child? (So the claimant is related to his parent but not the "grandparent.") Could a case be made that the green card holder was then technically subject to a limitation of stay (i.e. immediate deportation) and thus not settled? HK Immigration's enquiry department refused to answer this.
    Having a green card in the US considered "settled abroad in the US" in terms of Chinese law. They're pretty clear on that, at least for the Canadian equivalent which is called permanent resident/landed immigrant status.

    I don't really understand what you mean by the parent and grandparent thing though. So you're saying your parent is basically got a green card through fraud?

  10. #40

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    That being said I had a cousin born in Canada in 1996 (and obviously Canadian), then left a few months later, he managed to get ROA and Chinese citizenship in HK though, though his mom had PR status in Canada.

    I have a feeling he might have been lucky because he went back before the handover when things were clear as mud.


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