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Can baby get HK citizen? (Father canadian Mother Dual)

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  1. #1

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    Can baby get HK citizen? (Father canadian Mother Dual)

    Hi community,

    Both my wife and I hold a canadian passport no HK citizenship. I was born in canada so I only hold a canadian passport. My wife is a chinese citizen immigrated to canada in 1996 got her citizenship in 2000. Since in canada they allowed dual citizenship my wife never cancelled her chinese identity so she has both a canadian and chinese passport.

    Now we are planning to have our kid born in HK. We have checked online that if my wife still hold her chinese citizenship our kid would still be eligible for an HK citizenship because she has the chinese blood heritage.

    But we also got an answer saying that because we both came into HK as a visitor to give birth, our son would be automatically classified to only have canadian and not HK.

    Can I please get some advice of some possible options? We would like to get an HK citizenship for our kid.

    Thanks


  2. #2

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    Why would you wish your kid to get HK Citizenship?!
    Just curious!


  3. #3

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    Does your wife have PRC or HK passport?


  4. #4

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    Quote Originally Posted by Aysallas:
    Why would you wish your kid to get HK Citizenship?!
    Just curious!
    We want our kid to have more options for his future incase if he decides to work or live in hongkong. Better to have 2 citizenships then 1!

  5. #5

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    Quote Originally Posted by Drunken Master:
    Does your wife have PRC or HK passport?
    No HK passport but she still have her PRC when she immigrated to canada.

    We got 2 feedbacks:
    1) Because she still have her PRC the kid will be eligible for HK citizen because mother is considered to have chinese blood inherited.

    2) kid is automatically given canadian citizenship and denied the HK citizen because mother is considered coming in as a tourist. So they only look at what passport used to arrive into Hk, in this case canadian passport.

    Ita kind of a grey area since it all depends on the actual person doing your application i heard? Because there is no set definition when we looked online.

  6. #6

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    It's not a grey area. You are both Canadian so your kid will be Canadian. Your only chance would be if your wife revoked her Canadian passport and resumed residency in HK, the baby could be born anywhere in those circumstances. It hinges on where the Chinese parent was 'ordinarily resident' at the time of the birth.

    Mrs. Jones likes this.

  7. #7

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    I am British and my wife is HK...our sons were born in Denmark and the U.K. and have an automatic entitlement to British citizenship on my side...both of my boys got Chinese citizenship because we were able to demonstrate that their mother didn't have a resident card in either country at the time of their birth...that was key.


  8. #8

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    The relevant laws pertaining to your scenarios are these:


    Article 9 of the Chinese national law: Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

    Explanations of Some Questions by the Standing Committee of the National Peoples Congress Concerning the Implementation of the Nationality Law of the Peoples Republic of China in the Hong Kong Special Administrative Region
    1. Where a Hong Kong resident is of Chinese descent and was born in the Chinese territories (including Hong Kong), or where a person satisfies the criteria laid down in the Nationality Law of the Peoples Republic of China for having Chinese nationality, he is a Chinese national.


    So in your case:
    Your wife is no longer a Chinese national based on article 9 of the CNL. This rule is applied differently only to Hong Kongers.


    So the only way for your child to have Chinese nationality is thru the "Explanations" , as both parents are not Chinese nationals, but the child is of Chinese descent.


    In this case, I think it will depend on if he would be considered a "Hong Kong resident". I know of cases where children born in HK to Singaporeans who are entitled to Chinese nationality and HK RoA because of their Chinese descent, but the parents were living in HK as residents. But since your wife will be coming as a visitor, I am not sure how this will be evaluated.


    I disagree with Dirty Harry's arguments. Those are only relevant for children born outside the "Chinese territories".

    imparanoic, TheBrit and JaredHK like this.

  9. #9

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    Quote Originally Posted by kma88:
    I disagree with Dirty Harry's arguments. Those are only relevant for children born outside the "Chinese territories".
    On what basis do you make that claim? Being born in HK does not make you Chinese. The mother is not Chinese, she is Canadian. Understand that in this context, 'Chinese' is a legal definition, nothing to do with her ethnicity.
    Last edited by DirtyHairy; 06-04-2017 at 06:52 AM.

  10. #10

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    Quote Originally Posted by DirtyHairy:
    On what basis do you make that claim? Being born in HK does not make you Chinese. The mother is not Chinese, she is Canadian. Understand that in this context, 'Chinese' is a legal definition, nothing to do with her ethnicity.
    Your son's entitlement to Chinese nationality is based on Article 5 of the nationality law, which applies to those born abroad.

    For those born in China incl HK, Article 4 of the nationality law applies, which does not mention where the Chinese national parent need to be settled.

    With regards to the "Chinese ethnicity", this is a supplementary rule of the nationality law applied to HK only. As I said, there are babies born to Singaporean parents (who do not have Chinese nationality) etc., who gets Chinese nationality and RoA at birth in HK.
    DirtyHairy and shri like this.

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