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Strange situation, Hong Kong ID ROA 36 months rule.

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  1. #1

    Join Date
    Sep 2017
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    2

    Strange situation, Hong Kong ID ROA 36 months rule.

    Hi all,

    I'm so stressed out at the moment, I did not know about this 3 year rule, only up till this week. Did not applied for HK ID card before 1997 but successfully applied for ROA ***AO, Hong Kong passport and huixiangzheng (China go home permit) during 2012 and 2013. My parents are originally from HK and acquired the German nationality after I was born. But they were settled in Germany thus according to Chinese PRC law I'm not a Chinese citizen by birth which means the 36 month rule applies to me..... (Point Q10 in source) Right of Abode | Immigration Department

    My situation is a bit strange. Theoretically I have not exceed the 36 month rule but I have been entering and exiting HK with my German passport for the past 4 years. Which means I have not been using my HK ID card for 4 years. (Don't ask me why.....) Am I going to lose my ROA status? Or is entering with foreign passport also countable?

    The last time using my HK ID was only for entering HK, I used my German passport during exit. The emigration could not find me in the system, I told them I used my HK ID to enter and did not brought it with me at the moment. They just let me out and told me don't do this again in the future. I'm sure my HK ID is not connected to that passport because I renewed it which comes with a different number which is different from the one I used for applying for the HK ID. Does this means the HK ID me is stil in HK according to there system?


  2. #2

    If you have *** and a China go home permit then you ARE considered a Chinese citizen and the 36 month rule doesn't apply to you. Only Chinese citizens can get the huixiangzheng, and whilst there were mistakes made in granting ***, I've never heard of any in granting huixiangzheng.

    chuckster007 and spode like this.

  3. #3

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,790

    and even if you did loose the ROA, you still get RTL, only difference is that you cant vote, wont get any govt handout that happened ONCE only, can be deported if you're arrested for a serious crime so dont worry about it. You can still come and live and work in HK


  4. #4

    Join Date
    Jun 2013
    Posts
    564

    Some points to note:

    If you hold the HKSAR passport then you are a Chinese national. Having *** on HKID and a Home Return Permit is inconclusive. Those had been issued by mistakes in the past.

    You do not have Chinese nationality at birth if your parents were settled abroad AND you acquired a foreign nationality at birth. Thou your parents were already settled in Germany where you were born, were you automatically a German citizen at birth? If not then you would have been a Chinese citizen.

    Also I am curious - does Germany allow dual citizenship, ie in your case is dual German / Chinese citizenship allowed?


  5. #5

    Join Date
    Mar 2010
    Posts
    6,745

    Die führen dich als Chinesen und deshalb brauchst du nicht alle drei Jahre hier antanzen.


  6. #6

    Join Date
    Sep 2017
    Posts
    2

    @kma88

    My nationality was not German by birth, I only received it after my parents acquired the german nationality that was about 1 month after my birth. In normal circumstances Germany does not allow dual citizenship. But from my understanding HK government will not inform German immigration about my HK passport.


  7. #7

    Join Date
    Jun 2013
    Posts
    564
    Quote Originally Posted by Izumo:
    @kma88

    My nationality was not German by birth, I only received it after my parents acquired the german nationality that was about 1 month after my birth. In normal circumstances Germany does not allow dual citizenship. But from my understanding HK government will not inform German immigration about my HK passport.
    In this case you have been a Chinese citizen since birth, and will never lose your HK RoA unless you renounce Chinese citizenship.
    chnlong likes this.

  8. #8

    I'm a filipino with HK Permanent ID... just want to ask for the 3 year rule... what is the minimum time required to reset the 3 years rule... is it valid to enter and exit HK in just one hour or you need to stay in hk for how hours (minimum) to reset the 3 years rule... Thanks in advance....

    MCD814


  9. #9

    Join Date
    Mar 2010
    Posts
    482

    In and out five minutes is enough.

    mcdavid814 likes this.

  10. #10

    Join Date
    Jun 2007
    Location
    Ex Sai Kunger Sunny Qld for now
    Posts
    8,318

    I vaguely remember something about you need to stay for a period of 3 days for it to reset the 36 month requirement.


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