HK Citizenship for Canadian Family giving birth in HK

[infinite]

Hi, I've gone through tons of posts and some are outdated and some are unspecific and I'm really unsure of the answer so wanted to ask here. My wife is currently pregnant and we would like the baby to have HK citizenship (ROA). I have a HKID (ROA 3 stars born in HK and Chinese descent) while my wife also has an HKID (RTL 0 stars born in Canada of Chinese descent).

We are considering two paths:
1) Go to HK to have the baby, and from what I read will ensure the baby has an HKID (ROA), HK passport and then apply for the Canadian passport at the embassy. Under this option, would the baby have ROA for life or would they lose it at 21? Would my wife be able use public health care system as she is only RTL?

2) Have the baby in Canada, go back to HK when baby is young and apply for the HKID (RTL 0 stars). My understanding is that this is not even possible for the baby to get the citizenship. Is this correct?

Thank you in advance and any help, advice or other considerations would be greatly appreciated.

[civil_servant]

Under this option, would the baby have ROA for life or would they lose it at 21?

Yes, think about it. Same as you. Born in Hong Kong and Chinese descent. ROA for life.

Would my wife be able use public health care system as she is only RTL?

Yes, anyone with a HKID can access public healthcare.

Have the baby in Canada, go back to HK when baby is young and apply for the HKID (RTL 0 stars). My understanding is that this is not even possible for the baby to get the citizenship. Is this correct?

That's not correct. Your child would be eligible for ROA under this scenario.

Here's some more info.

Eligibility for the Right of Abode in the HKSAR | Immigration Department

Please note though. If your wife gives birth in Hong Kong and your child has a child outside of Canada then you grandchild will no longer qualify for Canadian citizenship.

[infinite]

My understanding was that if I had the baby in Canada, there would be no ROA because we would not be recognized as Chinese Nationals and deemed as having "settled abroad" as we have been living in Canada most our lives:

Article 5: 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.

(GovHK: Nationality Law of the People's Republic of China)

[Morrison]

If youhave Chinese nationality and count as not settled abroad in Canada then your kid will have Chinese nationality too, and HK ROA. No matter where your wife gives birth.

[kma88]

1) Baby will have ROA, HKSAR passport, Chinese nationality for life. Wife is entitled to health care in HK. And yes, apply for Canadian passport at Canadian consulate - but getting the citizenship cert and first passport from overseas takes months, so if you need to return to Canada quickly then they will issue you a temporary Canadian passport first. Note in this scenario baby CANNOT use Canadian passport to travel to mainland China

2) Baby will have no immigration status in HK. RTL is for those who had ROA previously. You would have to apply for a dependent visa for him to live in HK, and he gains RoA as a non Chinese national after 7 years. After that, if he wants to take up Chinese citizenship (ie to get the HKSAR passport), he would need to renounce Canadian citizenship. The interpretation of whether the parent is "settled abroad" is based on where the parents live prior to the child's birth.

[aussie_oi_oi_oi]

if you give birth in canada your child will only have RTL, as it sounds like you have both settled in canada already (assume you both have PR/Citizenship there?)

if not, you may be able to try go for ROA if you can prove you have not settled abroad

P.S. i also believe if the child was born in canada (and issued with ROA) and doesnt come back every 3 years they will be downgraded to RTL, though i have not heard of this being reinforced.

[kma88]

Wrong. If child was born in Canada he will have nothing. No RTL or ROA. Those who got RTL were born before 1997 when the rules were different.

[lighthse003]

I have both HKSAR and other countries' passorts.

Firstly, having ROA does not mean having Chinese citizenship or eligible to hold a HKSAR passport.

Your information is not clear, the situation is different depending on the parents' nationality. Your information of having ROA 3stars born in HK and Chinese descent is not sufficient to tell whether you currently have Chinese citizenship or not. Your wife clearly does not have Chinese citizenship since she holds the RTL only.

Your baby will have the HKSAR passport only if you will be a Chinese citizen and a HK permanent resident at the time of his or her birth in HK. You will need sufficient documents to proof when you apply your child's HKSAR passport. Good documents include your HK Permanent ID card, Chinese citizenship certificate, HKSAR passport or Home Return Permit.

If your child will be born in HK with Chinese citizenship and ROA of HK at birth, like most babies in HK, he or she will not lose Chinese citizenship, which is the requirement to hold HKSAR passport, and HK ROA, unless he or she formally apply to change his or her nationality with HK Immigration Department. It means he or she can be citizens of different countries, but he or she will still be regarded as a Chinese citizen by HK or Chinese authorities.

You can apply Canadian citizenship for your child at the Canadian consulate in HK.

Your wife can use the public health care of HK if she has a valid HK Identity card. If she does not have now, she can apply for her RTL HKID card when she arrives HK and show it to the hospital's billing department in person.

For option 2, If your child is not born as a Chinese citizen, his or she path to Chinese citizenship or HK ROA is not as easy as option 1.

If you are not sure whether you are a Chinese citizen or not, you can try apply the HKSAR passport first. If you are issued with a HKSAR passport, it can serves as a proof of your Chinese citizenship and HK ROA.

[aussie_oi_oi_oi]

Wrong. If child was born in Canada he will have nothing. No RTL or ROA. Those who got RTL were born before 1997 when the rules were different.

ah yes my bad, thanks for that, i believe you are correct as I do recall this.

[lighthse003]

Those born overseas without Chinese nationality before the handover had the ROA before the handover.