British Citizen born in Hong Kong before 1 July 1997 - ROA/RTL eligibility??

[Teca212]

I'm a British citizen born in Hong Kong prior to 1 July 1997. I only ever lived in HK from ages 0-4 however my parents lived here for 7+ years but never took up their permanent resident status (only ever held RTL status). Should i qualify for at the very least RTL? And if so how do i go about applying for it?

[AJZ]

No. PR (ROA) was not available before 1997, exceptions of course. Parents could have got RTL before 97 (after 7 years) but you said they didn't and didn't apply for PR (ROA) after 97.

You never lived here for 7 years so nothing for you.

[kma88]

Is there a field on your HK birth cert that indicates your immigration status, e.g. permanent resident status "Established" or "Not Established"?

[Scousebanana]

Are you ethnically Chinese? My cousin was born in HK in the 1980s, to BBC parents, but his family moved to the UK when he was 2. He applied for a HKID card a couple of years ago and was given either ROA or RTL (I forget which) and he tells me he got it because he was born in HK and of Chinese descent. He has no intention of settling in HK, but visits frequently to see family and it's handy to have the HKID.

[Teca212]

Yes. My birth certificate status "Not Established".

Also technically during British administration prior to 1997, right of abode in Hong Kong was shaped by British nationality laws. So maybe that constitutes and I may be award RTL.. hoping for anyway. I am looking to set up my own businesses in HK and would be a lot easier with no visa restrictions

[Teca212]

https://www.sm128c.com/hk/

"When Hong Kong was returned back to China on July 1, 1997, it marked the end of British rule, and also meant changes to the nationality law and right of abode in Hong Kong.
Generally speaking, holding British nationality with an association with Hong Kong (birth) means you would have been a Hong Kong permanent resident (and had right of abode) before the handover on July 1, 1997. You would continue to hold ROA after the handover if you were also a Chinese citizen, or if you met certain residency requirements. Otherwise you would lose ROA and obtain the right to land (RTL), the details for this will be explained later."

This looks promising to me. Application is going in anyway, will see what immigration says.

[HarriX]

What was the end results of your application? I am looking into this further myself, was born before 1997 and looking to see what I am eligible for.


Many thanks