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How to achieve Right of Abode (HK) for my future kids

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  1. #1

    How to achieve Right of Abode (HK) for my future kids

    Hi and thanks in advance.

    Main Question:
    We plan to start a family soon, and I was wondering if there is something we could do to give our kids Right of Abode in Hong Kong whilst also keeping British citizenship?

    Background
    Me and my wife are both ethnically Chinese but born in UK and currently living in UK. Both of our parents were born in HK and are HK citizens with ROA/Identity cards. Me and my wife have British Passports, she has 3* HK identity card (I assume ROA) and I have no stars with code RO which I understand is just Right to Land.

    From what I have read so far, it seems if the kids were born in UK then they would not be eligible for citizenship as both of their parents are settled in UK and the kids would automatically gain UK/foreign citizenship. My father in law believes that if my wife simply give births in HK then the kids would be eligible for citizenship (since she has 3*), but is this true?

    I don't need any gov benefits or voting rights for the kids, just Right to Land where they can live and work in HK if they decide to live overseas when they're adults.

    Any advice please?


  2. #2

    Join Date
    Jun 2013
    Posts
    564

    Yes, your child will only get HK RoA if he is born in HK.

    The "settled abroad" issue is irrelevant to you, as neither of you is a Chinese national, so your child cannot inherit Chinese nationality by descent (and thus RoA by descent). He has to acquire it himself, so either being born in HK or live here for 7 years.

    Fyi your wife's 3* was probably issued before the handover, so it just meant she is ethnic Chinese, rather than a Chinese national under the current definition.

    shri, imparanoic, spode and 2 others like this.

  3. #3

    Join Date
    Jan 2008
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    My kids have both full br passport and HK Sar passport, as I was born in UK. They were both born in HK


  4. #4

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    @kma88 - Isnt there another issue related to losing PR at the age of 21, even if they're born in Hong Kong? There have been some rather conflicting rumors going around the Indian community over the last few months with regards to kids who have been born in HK to PR parents but not being able to renew their PR status at 21 as they went overseas for studies etc.

    I am not sure what the deal is - I suspect it is because there are some who leave and forget about the 21 rule and come back without being able to show ties to HK (or prove their absence was temporary).

    Curious what your take on this is, as you seem to be the most knowledgeable here on IMMD issues related to residency.

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


  5. #5

    Join Date
    May 2015
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    622

    @shri if the mother is 3* and ethnic Chinese, the kids being born in HK will be Chinese citizens of HK and won't ever lose ROA status. They would be eligible for a HK passport as well

    shri likes this.

  6. #6

    Join Date
    Jun 2013
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    564

    @shri, yes that applies only to those born in HK to PR parents but born without Chinese nationality. I am not totally sure how the losing of PR works in this situation - do the children still get RTL after losing RoA?

    If I understand this text correctly -
    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.

    Even if a child is born a HK PR (as a foreign national), he should still apply after living in HK for 7 years to change his PR status from Paragraph (e) (ie born in HK to PR parents) to Paragraph (d) (ie non Chinese national having lived in HK for 7 years) so he does not automatically lose his PR at age 21. Not sure my interpretation is correct, maybe others have more info,

    shri likes this.