Question about dual citizenship/dual nationality

[westcat]

Before I fill in a form for employment in Hong Kong,

I am a British Born Chinese, holding both the UK passport and permanent HKID card (I was able to get this as my parents are from Hong Kong and I went back once every 3 years before I was 18 years old). I did not apply for a HKSAR passport.

Now, for nationality, there is a box which says Present Nationality...do I still write British or dual nationality? I will be working for a British firm by the way.

Another box states whether I have any dual nationality, what should I write? Do I just write British?

The questions seem stupid but does having an HKID card with a British passport consider as being a dual national or not? or is it only dual citizenship? I know China does not accept dual nationality so just asking to clear it up.

Thank you!

[dentarthurdent]

Does you HKID card say
AO
or
AO***
?
If the former then HK does not regard you as a Chinese citizen. If the latter then HK does so regard you and, morepover, there was no need for you to come back every 3 years.

[westcat]

Does you HKID card say
AO
or
AO***
?
If the former then HK does not regard you as a Chinese citizen. If the latter then HK does so regard you and, morepover, there was no need for you to come back every 3 years.

It states ***AO.

And I did state before 18 years old that I needed to come back to HK once every 3 years.

So, in this instance, would I need to declare dual nationality?

[dentarthurdent]

In principle, yes, although having said that, many people were erroneously given *** about 15-20 years ago, so you might find that China doesn't regard you as a citizen if you actually applied for a HKSAR passport (the definitive test).

If you truly have *** then you did NOT need to come back every 3 years. And if you have never lived in HK for 7 years then definitely not. That rule only applies to people who are eligible for Right of Abode through 7 years continuous residence. You have been misinformed (but this is an EXTREMELY common misunderstanding amongst the overseas-born Chinese communities).

[kma88]

At this point you DO NOT have dual nationality. The HKID is a residency document, in many cases it does not establish the holder's citizenship / nationality. You may or may not be a Chinese national (this depends on the immigration status in the UK of your parent when you were born). In your case, your Chinese nationality can only be established once you have sucessfully applied for the HKSAR passport.

[westcat]

At this point you DO NOT have dual nationality. The HKID is a residency document, in many cases it does not establish the holder's citizenship / nationality. You may or may not be a Chinese national (this depends on the immigration status in the UK of your parent when you were born). In your case, your Chinese nationality can only be established once you have sucessfully applied for the HKSAR passport.

Thank you and other poster who helped. I thought the same and I do not intend to apply for a HKSAR passport.

The form states whether I hold any citizenship, in this case, do I write HK citizenship?

It also asked me whether I am a HK citizen...am I?

[spode]

My understanding is that citizenship is tied to a country. HK is not a country. You can be a resident of HK, but not a citizen of HK. The HKSAR Passport, as I understand it, is for citizens of China who are permanently resident in HK and may or may not even be welcome to live on the mainland. Probably, this question is asking if you have an HKSAR passport.

YMMV. I am not a lawyer or imigration expert, and if I am mistaken in certain circumstances I am sure someone will correct me.

-Spode

[westcat]

My understanding is that citizenship is tied to a country. HK is not a country. You can be a resident of HK, but not a citizen of HK. The HKSAR Passport, as I understand it, is for citizens of China who are permanently resident in HK and may or may not even be welcome to live on the mainland. Probably, this question is asking if you have an HKSAR passport.

YMMV. I am not a lawyer or imigration expert, and if I am mistaken in certain circumstances I am sure someone will correct me.

-Spode

Thank you. It is interesting as the form has a side note stating that nationality and citizenship are two different things and if I hold citizenship rather than nationality then I should write it down. As I have the ***AO permanent residency card in HK but having never applied for the HKSAR passport, I know I am not technically dual-national but does it make me a citizen there?



Its strange because another one of the questions on the form states directly : "Are you a HK permanent resident?", which I ticked yes and then there is a box saying "Are you a HK citizen?"......technically yes right? Or refer back to your answer....

[dentarthurdent]

Again, if the *** was not issued in error then at the time that card was issued HK Immigration regarded you as a HK Citizen (i.e. citizen of China with PR in Hong Kong). Only people with that status should have *** on their HKID card.

(But again, some *** were issued in error during a period 15-20 years ago, so from that peiod it is not definitive. The only way to be sure is to apply for a HKSAR passport.)

[kma88]

No, you are not a HK citizen, only a PR. Having a permanent hkid in HK is equivalent to having green card in the US, or ILR indefinite leave to remain in the UK. This status can be lost. Only having (or eligible to have) the hksar passport makes you a "HK citizen", ie you can represent HK in the Olympics, run for political office etc.

The *** on hkid cards first registered before the handover for those born overseas can only denote being of Chinese race, not a Chinese national under the PRC nationality law.