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HK right of abode issue for born in Taiwan child of ***Hong Kong PIC holder mother who was also born in Taiwan?

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  1. #1

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    HK right of abode issue for born in Taiwan child of ***Hong Kong PIC holder mother who was also born in Taiwan?

    I have a relative who was born in Taiwan but was able to obtain a HKPIC with *** or aka Chinese with Right of Abode in Hong Kong a few years ago through her mother who was born in Hong Kong. In other words she fell under section (c) of the immigration ordinance. Apparently people who are born in Taiwan are considered born in China under HKSAR ordinances based on the one China policy. My relative lived in Hong Kong on and off for about six years since she obtained her HKPIC but had moved back to Taiwan again after getting married. In this case if she gives birth to a child in Taiwan would her child receive Hong Kong permanent residency by virtue of birth through her or would the child need to live at least seven years in Hong Kong before becoming a permanent resident of Hong Kong?

    Some resources say as long as at least one parent is a Hong Kong permanent resident and the child falls under the definition of a Chinese citizen they can get right of abode though other resources tend to state that the parent(s) need to be either be A) born in Hong Kong. or B) settled in Hong Kong for at least seven years. Would this preclude her child from getting residency directly by descent under (c). and or that her child would either need to be born within HKSAR or live in the SAR for seven years to be qualified for right of abode as well as HKSAR passports and home return permits. In this case if the mother decides to move the family back to Hong Kong whats the procedure for family members that are not Hong Kong residents.
    Last edited by jcs609; 21-02-2017 at 12:11 AM.

  2. #2

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    This is an interesting case which I don't think have many precedents yet. From my understanding of the rules, the parent with HK RoA needs to be either born here or have ordinarily resided in HK for over 7 years in order for the child to inherit HK RoA at birth.

    Your friend can try to apply. Maybe the ImmD will be lenient in interpreting "ordinary residence" in this case. I also don't know how they would ask for proof for this from someone who alread has RoA.

    If the child is found to be not eligible for RoA at birth, then he would have to live in HK for 7 years like others in order to gain RoA. But unless many others on this forum, he would be eligible for the HKSAR passport after getting RoA without renouncing his existing citizenship, as he would have been a Chinese national all along.


  3. #3
    This case has many precedents, I also know a person who was born in Taiwan before 1997 with a parent with BN(O) and HKSAR passports and a Taiwanese parent. Both parents are of Chinese descent. That person travelled to HK after 1997 with Taiwan passport and was issued a HKPIC and HKSAR passport. Taiwanese can hold HK and or Macau SAR passport together with Taiwan passport but they cannot hold both Taiwan and Mainland China passport at the same time.

    If she has both Taiwanese ID card and HKSAR passport, her child born in Taiwan will also have Taiwanese ID card, and the child can be issued with a HKSAR passport by descent.

    Her family members who are not eligible for PIC have to apply for HK dependent visas.

  4. #4

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    Interesting replies, I always wanted to find out what does Hong kong consider as ordinary residence and does it require more than just holding permanent resident status for that amount of time. I read CLIC - Immigration: Hong Kong permanent residence on this link which quotes article 24 of Hong Kong basic law and paragraph 2 of schedule 1 to the immigration ordinance it simply shows as long as one of the parents are a Hong Kong permanent resident and Chinese citizen, the child is entitied to it.


    Since my relative has held a Hong Kong permanent residence ID card for seven years does that count as seven years of ordinary residence? Or does it require more burden of proof than bearing a PIC for seven years. Which makes things interesting as unlike Taiwan, in Hong Kong its pretty difficult to prove how long a person has physically stayed within the Special Administrative Area as Hong Kong does not stamp passports/documents of Hong Kongers entering or leaving the SAR nor do they keep household registration records. And Interestingly what I read from the basic and immigration ordinance it appears Hong Kong only requires burden of proof of ordinary legal residency for those applying for permanent residency in Hong Kong under section 2(d). Aside from that section I could find no other definition for whats considered "ordinary residence."

  5. #5

    No, she needs to be in HK for most of the time to be considered a ordinary resident of HK.
    Immigration keeps everyone's entry and depart record in their computer database.
    Everybody can get a copy of his or her record by paying a fee to the Immigration Department.

    If she is already a PR with Chinese nationality, she will not lose it if she longer lives in HK. Residency requirements for the HK PR are more related to social welfare eligiblity than immigration status.

    Quote Originally Posted by jcs609:

    Since my relative has held a Hong Kong permanent residence ID card for seven years does that count as seven years of ordinary residence? . Which makes things interesting as unlike Taiwan, in Hong Kong its pretty difficult to prove how long a person has physically stayed within the Special Administrative Area as Hong Kong does not stamp passports/documents of Hong Kongers entering or leaving the SAR nor do they keep household registration records

  6. #6

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    Quote Originally Posted by lighthse003:
    No, she needs to be in HK for most of the time to be considered a ordinary resident of HK.
    Immigration keeps everyone's entry and depart record in their computer database.
    Everybody can get a copy of his or her record by paying a fee to the Immigration Department.

    If she is already a PR with Chinese nationality, she will not lose it if she longer lives in HK. Residency requirements for the HK PR are more related to social welfare eligiblity than immigration status.
    Quote Originally Posted by lighthse003:
    No, she needs to be in HK for most of the time to be considered a ordinary resident of HK.
    Immigration keeps everyone's entry and depart record in their computer database.
    Everybody can get a copy of his or her record by paying a fee to the Immigration Department.

    If she is already a PR with Chinese nationality, she will not lose it if she longer lives in HK. Residency requirements for the HK PR are more related to social welfare eligiblity than immigration status.


    Interesting, though I would like to ask if her child born in Taiwan would be eligible for Hong Kong permanent residence.

    It appears all the information and definitions relating to "ordinary residence" that I can find online seem to be relevant only for those seeking to gain permanent residency/right of abode in HK by fulfilling seven years of "ordinary residence" in Hong kong, in which they would need to have proper residence(not visitors/short term business) visas that allow them to legally stay in Hong Kong and show that they were actually using it to reside in Hong Kong, though temporary absences are allowed, but there are exceptions to "ordinary residence" for those who are staying in Hong Kong without ROA, i.e entering Hong Kong as a visitor, being detained, entering as a foreign consul, etc. btw Hong Kong immigration does stamp/record passports/travel documents of all non permanent residents entering and departing Hong Kong. KMA88 is right in asking how would any of this apply to those who already have ROA.

    All that have be said it appears children born in "Chinese territory" outside Hong Kong of parent(s) who have inherited ROA/permanent residence under (c) seems to fall under a grey area of the immigation ordinance.
    As (b) seems to only relate for Chinese Citizens who migrated to Hong Kong to settle and have fulfilled the seven years of "ordinary residence" requirement to become a permanent resident. Therefore Chinese citizens who obtained ROA under (c) seem to fall under neither the (A) nor the (B) categories.
    Last edited by jcs609; 23-02-2017 at 12:07 AM.

  7. #7

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    The entry/exit records of the ImmD cover only the last 10 or 20 years. So if your relative lived in HK long time ago then she would need to come up with her own proof of "ordinary residence".


  8. #8

    No, person with Right To Land are not stamped or issued with a slip.
    Since around the year 2013, all non HK residents do not have their travel documents stamped. Instead they are issued with a paper slip on arrival stating the dates they are allowed to stay in HK and their conditions of stay.

    My friend's case is that these people were born out of HK with Chinese nationality, had a valid document to prove his or her Chinese nationality(Mainland China passport, Mainland China hukou or ID card, Republic of China(Taiwan) passport or ID card etc) and had a parent at the time of his or her birth with Chinese nationality and ROA of HK(needed document to prove, such as HKSAR passport and HKPIC)

    Child of such person born in Taiwan would be eligible for HKPR and HKSAR passport if he or she is born a Chinese national. Holding the Republic of China(Taiwan) passport or ID card is a valid proof of his or her Chinese nationality.

    Quote Originally Posted by jcs609:


    Interesting, though I would like to ask if her child born in Taiwan would be eligible for Hong Kong permanent residence.

    btw Hong Kong immigration does stamp/record passports/travel documents of all non permanent residents entering and departing Hong Kong.


    As (b) seems to only relate for Chinese Citizens who migrated to Hong Kong to settle and have fulfilled the seven years of "ordinary residence" requirement to become a permanent resident. Therefore Chinese citizens who obtained ROA under (c) seem to fall under neither the (A) nor the (B) categories.

  9. #9

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    Thank you all for answers
    I guess based on what lightse003 this means if the child is born on any land considered part of "China" whether its within the Mainland, in Macau, or even Taiwan. He or she should be able to gain right of abode by descent of parent(s) who already hold right of abode in HK as a Chinese citizen even if the parent also gained it by descent. Interesting the ordinance is ambiguous on this. Therefore one would be confused to whether there is a limit to generations of Chinese given right of abode in HK while born in Mainland, Macau, or Taiwan of "HK" parent(s). Though its nice to learn the parent would not need to travel to Hong Kong to give birth in the case I mentioned for the child to secure right of abode. Of course things would be different and interesting if the parent happens to be in a foreign country. Chinese Nationality law article 5 makes it confusing whether the child would gain Chinese nationality in different case. I.e the child will have Chinese nationality under Jus sanagus with the big exception if both Chinese National parents "settled" abroad and the child receives foreign nationality at birth. Though things do get interesting if parents where "settled" in the different foreign country than where the child is born. I.e if the parent(s) with Chinese Nationality have Australian citizenship but gave birth to the child on a long term temporary assignment in Japan, in which case the child does not receive Japanese Nationality under Japan's Jus Sanagus nationality system but he or she may receive Australian citizenship at birth by descent. I guess China would still consider the child a Australian under article 5, which means some hoops for the parents to go though should they bring the child back to Hong Kong or other part of China, though its interesting how they will find out.


  10. #10

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    Quote Originally Posted by jcs609:
    Thank you all for answers
    I guess based on what lightse003 this means if the child is born on any land considered part of "China" whether its within the Mainland, in Macau, or even Taiwan. He or she should be able to gain right of abode by descent of parent(s) who already hold right of abode in HK as a Chinese citizen even if the parent also gained it by descent. Interesting the ordinance is ambiguous on this. Therefore one would be confused to whether there is a limit to generations of Chinese given right of abode in HK while born in Mainland, Macau, or Taiwan of "HK" parent(s). Though its nice to learn the parent would not need to travel to Hong Kong to give birth in the case I mentioned for the child to secure right of abode. Of course things would be different and interesting if the parent happens to be in a foreign country. Chinese Nationality law article 5 makes it confusing whether the child would gain Chinese nationality in different case. I.e the child will have Chinese nationality under Jus sanagus with the big exception if both Chinese National parents "settled" abroad and the child receives foreign nationality at birth. Though things do get interesting if parents where "settled" in the different foreign country than where the child is born. I.e if the parent(s) with Chinese Nationality have Australian citizenship but gave birth to the child on a long term temporary assignment in Japan, in which case the child does not receive Japanese Nationality under Japan's Jus Sanagus nationality system but he or she may receive Australian citizenship at birth by descent. I guess China would still consider the child a Australian under article 5, which means some hoops for the parents to go though should they bring the child back to Hong Kong or other part of China, though its interesting how they will find out.
    If a child is born outside of China (HK, Macau, PRC, Taiwan), they need to provide the parents passport at the time of birth showing non-immigrant status in order to claim Chinese nationality. So above Australian example is possible, but would have required parents to have entered Australia on Chinese passport, acquired Australian nationality, enter Japan and give birth while on a new Chinese passport with no record of Australian visa.

    It's not immediately clear whether your relative's child born in Taiwan would get ROA, because Your relative is already category c so the child technically does not have a parent meeting category a/b.

    They would be able to sponsor the child as a dependent though.

    Eligibility for the Right of Abode in the HKSAR | Immigration Department
    Morrison likes this.

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