First HKID Application for 11 Year Old - Born in 2006 with ROA Established

Reply
  1. #1

    First HKID Application for 11 Year Old - Born in 2006 with ROA Established

    My son (eldest, 11 years old) was born in HKG 2006. And, his ROA is established in his birth certificate.

    He is absent from Hong Kong for over 5 years now.

    I (father) hold chinese nationality (HKSAR passport ) after my son's birth. We are all settled overseas due to my employment.

    My other 2 younger kids hold HKSAR Passport (by birth) and they were born overseas and never visited HKG yet.

    We plan to come back to HK in 2 months to get my son's first HKID as he has turned 11 years old end 2017.

    My question is:

    1) whether he will be eligible for his ROA HKID normally (being a kid)? OR

    2) his status may have turned to RTL (right to land) anyway? OR

    3) the immigration will ask us to apply for Verification of Eligibility of ROA first before issuing his HKID?

    We have only about 10 days to stay in HKG to do the application process.. and we have to return due to his studies etc.

    Thank you for guidance on this on what his current status might be.
    ---

    Additional Note: I applied for Chinese naturalization to him early 2017 through the chinese consulate here.. and his naturalization was unsuccessful (after 1 year of process) without any reason given.


  2. #2

    Join Date
    Jun 2013
    Posts
    513

    If I understand correctly, you son's Right of Abode is derived under this paragraph, so he would remain a HK PR /ROA until 21 years of age. At that point, whether he continues be a PR would depend on if he has lived in HK for 7 years.

    (e) A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his/her birth or at any later time before he/she attains 21 years of age, one parent has the right of abode in Hong Kong.

    • Please note that on attaining 21 years of age, the person ceases to be a permanent resident of the HKSAR under this category. He/She may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d).
    Last edited by kma88; 24-01-2018 at 03:22 PM.

  3. #3

    In this link:
    https://www.gov.hk/en/residents/immi...gible/loss.htm

    it also states that... (see item 2)

    • If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong; or
    • On attaining the age of 21 years, you will cease to be a permanent resident of the HKSAR. You will then have to qualify on your own merits in accordance with the requirements stipulated in category (1) above. If you meet all of the requirements, you can apply for permanent resident status

    So, does this mean.. he has lost his ROA right now as he is already 36 months absent... OR

    he has time till he reaches 21 years of age to lose the ROA (which is actually favourable result for me considering the circumstances).

    More clarity on this considering the above clause will help me understand the current state of things.

  4. #4

    Join Date
    Jun 2013
    Posts
    513

    Best to check directly with ImmD - [email protected].

    BTW, it takes 10 working days to get a HKID card. So you need to authorize a friend to pick up the card for you.

    Last edited by kma88; 25-01-2018 at 10:12 AM.