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Trying to apply for HK permanent ID for son but stuck in China (help!)

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  1. #1

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    Trying to apply for HK permanent ID for son but stuck in China (help!)

    Hi guys, basically, I posted my question here (link below), regarding how to get HK permanent ID for my son.
    https://geoexpat.com/forum/54/thread353294.html

    My situation in a nutshell:

    - I am a Hong Kong permanent ID holder (no other passport or permanent resident for any other country), my wife has mainland china passport.

    - Son was born in US while we were on student visa

    - Son traveled back to China with "China travel document" (since embassy doesn't issue China visa to child of Chinese nationals)

    - Son has hukou already

    Based on this, we were guided towards applying for "??? One way permit to HK in order to claim his HK permanent ID status

    Application was submitted 1 month ago, every was good. Today, I get a call informing me that application has been terminated because "??? is ONLY FOR HK NATIONALS WITH SON/DAUGHTER BORN IN CHINA!!!!!!!!!!!!

    Now I am stuck here and don't have a clue to what I should do.

    Please, if anyone knows, advise me on what I can do in this situation, I feel desperate and hopeless...


  2. #2

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    Apply for Verification of eligibility of Permanent ID card on the basis of birth. Were you born in HK?


  3. #3

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    I wasn't born in HK. I was born in China and went to HK 9 months old. Was a permanent ID holder ever since having memory.

    Would this be a deal breaker?


  4. #4

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    You can try applying for Verification of Perm ID. You will fit into Category B and your son Category C per below.

    For your son to be Chinese National, having China Travel Document and Hukou is enough, though he has US Citizenship by birth? Not sure, hope someone can comment or better try applying.

    Right of abode states, According to paragraph 2(a) to (f) of Schedule 1 to the Immigration Ordinance, which came into operation on 1 July 1997, you are a permanent resident of, and can enjoy the right of abode in, the HKSAR if you fall into one of the following categories:
    (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 7 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).

    shri likes this.

  5. #5

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    Ok as per your other thread you are doing all this so your son can attend International School and in order to apply for HK ID card, he has to be go to HK so my question is

    1. Doesnt he have a US Passport??
    2. If not go to US embassy and aplly for 1
    3. Fly down to HK
    4. Apply for HK ID card

    Easy peasy la, not sure why its so difficult if your so anxious to get him into an International School in China, get your ass down to HK then.

    Fai Ti La


  6. #6

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    Jun 2019
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    Hi Chuckster,

    Indeed all this is for him to be eligible for international School.

    We don't have a us passport but we could if we applied.

    Issue is that, in order to be eligible for international school, child must have HK permanent ID and Huixiangzheng (home return permit); if you obtain HK ID instead of permanent, then the child won't have Huixiangzheng.


  7. #7

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    Quote Originally Posted by tlctlc
    Issue is that, in order to be eligible for international school, child must have HK permanent ID and Huixiangzheng (home return permit); if you obtain HK ID instead of permanent, then the child won't have Huixiangzheng.
    Your Child will get permanent HKID based on you, he will have ROA and can apply for HKSAR passport and HRP. Why do you think he cant get the ROA HKID??

    My sister in law a Local Chinese HKID holder gave birth in US while on a tourist visa lol her kid has US/HKSAR Passport/HRP/ROA HKID card.

    I'm still struggling why you wont get a travel document for you son and then both fly down to HK and get it sorted out ASAFP go get him a US passport from the local US Embassy FFS.

  8. #8

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    I was told over phone inquiry of HK immd that even if my wife and I were on student visa in the US when my son was born, there's high chance that he will not get ROA because he has US passport or has the right to obtain one.


  9. #9

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    Quote Originally Posted by tlctlc
    I was told over phone inquiry of HK immd that even if my wife and I were on student visa in the US when my son was born, there's high chance that he will not get ROA because he has US passport or has the right to obtain one.
    Remember my words from the other thread ?

    In the past that was not a problem as China does not recognise dual nationality.
    So HK Immi did not ask ROP 145 applicants claiming to be Chinese nationals to renounce their other nationality.


    Excerpt from Chinese immigration Law
    ".Article 5: Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality."

    Still I think right now your son should be fine as he does not fulfil the first part of the "and" conditional sentence as his parents don't classify as settled abroad.
    Typical practice by HK Immi determining "settled abroad" has been to differenciate between parents on an unconditional visa, such as green card, versus parents on other visa types, e.g. Student visa or with term limit.

    But then, the rule of law is subject to <insert here>
    Last edited by Morrison; 24-07-2019 at 03:46 PM.

  10. #10

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    here's an officer's reply regarding successful applicants of ROP145 application:

    If you consider the child is eligible for the right of abode in the HKSAR and the child was born at overseas, after obtaining a foreign passport, the child may submit the application for for Verification of Eligibility for Permanent Identity Card (VEPIC) while he is legally staying in HK. Applicant is not required to remain in HK for the outcome of the application. He may provide a local contact for officers communication.
    Successful applicants who are aged 11 or over may register a HK permanent identity card. Successful applicants aged under 11 holding valid foreign travel documents can apply for an endorsement to be made in their valid foreign travel documents stating that their eligibility for a permanent identity card verified. If the person is verified to have Hong Kong permanent resident status under paragraph 2(a), 2(b) or 2(c) of Schedule 1 to the Immigration Ordinance, Cap 115 aforesaid, the person may be eligible to apply for a HKSAR passport.
    For application details, please visit http://www.immd.gov.hk/eng/services/...y.html#perm_id

    my question is: if my child is below 11, then I would be issued an endorsement on passport, with no option to obtain HK permanent ID card?

    (i hope to obtain card instead of endorsement)


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