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child born in China, Chinese Mother, HK Father..

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  1. #11

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    The Q&A section of the webpage has the details:

    Beijing Office - Birth Registration


  2. #12

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    Quote Originally Posted by Morrison:
    I don't know much about that, so thanks.

    but if you have ROA and sneak into HK you should be able to stay, but then, hey, this is China
    It was the NPCSC that said otherwise.

    Cap 2106 (THE INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF ARTICLES 22(4) AND 24(2)(3) OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted by the Standing Committ

    (Just for the record, the Court of Final Appeal of HK agreed with you, Morrison.)
    Morrison likes this.

  3. #13

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    Thanks for the point in the right direction, going to stop by immigration just to confirm.


    Will post update for future reference.

    Claire ex-ax and dossier like this.

  4. #14

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    Quote Originally Posted by justsomebody2:
    Thanks for the point in the right direction, going to stop by immigration just to confirm.


    Will post update for future reference.
    How did it go?

  5. #15

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    Quote Originally Posted by IceEagle:
    This is correct, but as Nelson and Claire pointed out earlier, if the child is born on the mainland, then there is still a need for a Certificate of Entitelment and a One Way Permit before the child can move to HK. Yes, even though the child will have ROA in HK immediately at the moment of birth, the child still must join the queue and wait (a years long queue, mind you). Attempts to enter HK outside of the normal procedures will result in the child getting deported back to the mainland. (This doesn't apply if the child is born in other parts of China though, like Taiwan or Macau.)

    Oddly, this seems to be the case only if one parent has ROA in HK and the other only has status in the mainland. If both parents have HK ROA, then IIUC the mainlaind born child can get a travel document to enter HK immediately. (I don't know what would happen if the child was born on the mainland to one parent with HK ROA and one parent with Macau ROA.)
    Thanks for this. All of these points are quite important and it would be helpful to get complete clarity on it: as there is obviously a major difference between joining the OWP multi-year waiting queue to get a child back from the Mainland into the HKSAR; vs. just applying for some paperwork and moving immediately!

    Can anyone point me to some authoritative sources on this?

  6. #16

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    Jun 2013
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    From the Hong Kong Government's Beijing office
    Beijing Office - Birth Registration

    Q2: I am a Hong Kong resident and my spouse is a Mainland resident. We are planning to give birth in the Mainland. After the child is born, how do we apply for documents for the child to settle in Hong Kong?
    A2: According to existing policies, children born in the Mainland who wish to enter Hong Kong for settlement have to apply for a Certificate of Entitlement from the Hong Kong Immigration Department via offices of the Public Security Bureau in the Mainland.Eligible persons who live in the Mainland could obtain an application form from the office of the Exit-Entry Administration of the Public Security Bureau 35 where their household registration is kept. After filling out the form truthfully, the application should be submitted to the office of the Public Security Bureau. The office of the Exit-Entry Administration of the Public Security Bureau will verify the relevant information and refer the case to the Hong Kong Immigration Department for verification. After reviewing the application, the Immigration Department will issue a Certificate of Entitlement if the person is eligible for the right of abode. The Certificate will be sent to the office of the Exit-Entry Administration of the Public Security Bureau to be passed on to the applicant.To ensure that children born to Hong Kong permanent residents in the Mainland who are of Chinese nationality and have the right of abode settle in Hong Kong in a lawful and orderly manner, the One-Way Permit issued by the office of the Exit-Entry Administration of the Public Security Bureau and the Certificate of Entitlement issued by the Hong Kong Immigration Department will be issued at the same time. In practice, the Certificate of Entitlement will be affixed to the One-Way Permit. When the permit holder leaves the Mainland, both documents will have to be produced for inspection by inspection officers at the immigration control points of the Mainland before the permit holder is allowed to cross the border.For enquiries, please contact the Immigration Division of BJO at (86 10) 6657 2880 Ext. 311 during office hours(8:30 a.m. to 12:00 noon, 1:00 p.m. to 5:30 p.m. Monday to Friday, except on Mainland public holidays).
    Q3: My spouse and I are both Hong Kong permanent residents of Chinese nationality without citizenship or the right of abode of other countries or regions. We are planning to give birth in the Mainland. After the child is born, how do we apply for documents for the child to return to Hong Kong?
    A3: At the time the child is born in the Mainland, if both of his parents are Hong Kong permanent residents and the child has not obtained any travel documents, the parents of the child can make an enquiry in writing via BJO or directly to the Other Visas and Permits Section of the Hong Kong Immigration Department with regard to the application for documents for the child to come to Hong Kong.After the enquiry is received, BJO or the Hong Kong Immigration Department will contact the parents of the child to follow up the case.For enquiries, please contact the Immigration Division of BJO at (86 10) 6657 2880 Ext. 311 during office hours(8:30 a.m. to 12:00 noon, 1:00 p.m. to 5:30 p.m Monday to Friday, except on Mainland public holidays).
    Last edited by kma88; 30-03-2016 at 11:37 AM.