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Hong Kong PR married Taiwanese - Children get PR?

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  1. #1

    Hong Kong PR married Taiwanese - Children get PR?

    Would like to get some thoughts around this situation.

    Father - HK Permanent resident (***AO). Not born in HK /w foreign passport.
    Mother - Taiwanese Citizen. Born in Taiwan
    Child - Born in foreign country (Not HK or Taiwan). Has Taiwan citizenship. (can be considered as 'Chinese national'??)

    Is the child eligible for HK permanent resident?


  2. #2

    Join Date
    Mar 2010
    Posts
    6,745

    Well, the way I understand it is the nationality law of PRC applies in HK.
    So if you are a HK Chinese with ROA you can pass both on to your child.
    Unless you settled abroad and the child was born then and there, and the child acquired the nationality of that country through birthright


  3. #3

    Join Date
    Jun 2013
    Posts
    564

    Whether the child can inherit the father's HK RoA depends on if he has Chinese nationality under the PRC nationality law.

    In your case: Father is probably NOT Chinese national, mother is a Chinese national.

    For mother to pass down Chinese nationality to child (again under PRC nationality law), either
    1) mother is NOT settled abroad (e.g. does not have foreign permanent residence or citizenship), or
    2) child did not acquire foreign citizenship at birth (ie did not inherit father's foreign citizenship by descent nor the citizenship of his country of birth)


  4. #4

    Join Date
    Jan 2010
    Posts
    6,452

    The child must have been born to a parent who is a Chinese citizen and has PR. The mother has no PR so she can't pass it on to the kid and farther is not a Chinese citizen so he can't pass it on either.

    (a)

    A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR.

    (b)

    A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR.

    (c)

    A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

  5. #5

    Join Date
    Jul 2014
    Posts
    318

    Child will only be eligible for PR after staying in HKSAR for 7 years.

    But difference from father is that child will be considered chinese and will get 3* ID and quick access to HK passport without giving up Taiwan passport.


  6. #6

    Thanks for that everyone.
    In this case, the child has acquired father's foreign citizenship.
    However, my thinking is there is no question relating to the child's 'Chinese nationality' as they are full Taiwan citizens (not the overseas chinese variant).
    Therefore they satisfy the chinese nationality requirement. Combined with the father's 3* ID, they should be seen as chinese citizens born to a parent with HK PR, and therefore eligible for HK permenant resisdency without staying the 7 years.

    Thats my theory.. let me know what i'm missing =)


  7. #7

    Join Date
    Jul 2014
    Posts
    318

    Hi,

    Child is able to qualify for PR ( If not born in HK), only if the father is a Chinese national.

    Your description of 3* ID seems to do the trick ; but there are also cases for overseas chinese who acquired 3* ID pre handover, but actually are not considered chinese national.

    Very easy to clarify that with immigration. Just file for a PR Application for the child. ( Verification of eligibility for Permanent Residence).

    One thing to remember ; HK Immigration Department is very friendly, and always helpful.


  8. #8

    Join Date
    Jun 2013
    Posts
    564

    The easiest way to find out (looks like you are now based overseas), is to submit an application for the HKSAR passport and permanent HKID for the child at your nearest Chinese embassy or consulate. They will refund your application fee if its rejected.

    Morrison likes this.

  9. #9

    Very easy.

    No

    Reason is child not born in HK.

    Yes if the father was a Chinese citizen born in Hong Kong before or after the establishment of the HKSAR or A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR



    Yes if the Taiwanese mother has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR when her child was born overseas.

    Last edited by lighthse003; 30-04-2019 at 01:41 PM.