HKSAR Appplication + Home Return Permit

[CheeseToastie]

I was hoping someone could clear this up as i've looked at countless forums/posts and read through all the laws relating to Chinese nationality but seem to be receiving conflicting information.

I was born in UK to HK parents - Along with a UK passport, I have a HKID with 3 stars (***AO) renewed when I was 18 in 2014.

Does this mean I have Chinese nationality?

I was reading somewhere that 3 stars were incorrectly given and upon replacement of ID cards - some were downgraded from ROA to RTL. But if I was given 3 stars by mistake, surely that would have been stripped when i upgraded from Youth HKID to Adult HKID?

The reason I need to know is that I eventually want to apply for a Home Return Permit (HRP) but new laws have been put in place that you must now hold a HKSAR Passport in order to apply for one.

So the first obstacle is to obtain a HKSAR PPT - in order to apply, one must have Chinese nationality - does having 3 stars on your HKID mean that I have Chinese nationality? - Will submitting an application for a HKSAR passport dig up my file on my HKID and see that I am born abroad?

(just to clear up - I was born pre-1997 and my UK PPT had a stamp in when I entered hong kong - the Immigration department told my parents during my Youth HKID application that this allowed me to obtain a 3 star HKID - not sure why but this is what happened).

My concerns are
A) Have I been given 3 stars correctly - regardless of me being a UK PPT holder and born abroad
B) Will applying for a HKSAR passport see my 3 stars potentially downgraded
(I have been visiting HK consistently every within the 36 month timeframe to maintain my ROA)
C) Will I have to prove that I live in HK to in order to obtain a HKSAR Passport to ultimately secure a HRP?

If you have experienced any of this, please share.

Thanks!

[mrgoodkat]

I was hoping someone could clear this up as i've looked at countless forums/posts and read through all the laws relating to Chinese nationality but seem to be receiving conflicting information.

I was born in UK to HK parents - Along with a UK passport, I have a HKID with 3 stars (***AO) renewed when I was 18 in 2014.

Does this mean I have Chinese nationality?

I was reading somewhere that 3 stars were incorrectly given and upon replacement of ID cards - some were downgraded from ROA to RTL. But if I was given 3 stars by mistake, surely that would have been stripped when i upgraded from Youth HKID to Adult HKID?

The reason I need to know is that I eventually want to apply for a Home Return Permit (HRP) but new laws have been put in place that you must now hold a HKSAR Passport in order to apply for one.

So the first obstacle is to obtain a HKSAR PPT - in order to apply, one must have Chinese nationality - does having 3 stars on your HKID mean that I have Chinese nationality? - Will submitting an application for a HKSAR passport dig up my file on my HKID and see that I am born abroad?

(just to clear up - I was born pre-1997 and my UK PPT had a stamp in when I entered hong kong - the Immigration department told my parents during my Youth HKID application that this allowed me to obtain a 3 star HKID - not sure why but this is what happened).

My concerns are
A) Have I been given 3 stars correctly - regardless of me being a UK PPT holder and born abroad
B) Will applying for a HKSAR passport see my 3 stars potentially downgraded
(I have been visiting HK consistently every within the 36 month timeframe to maintain my ROA)
C) Will I have to prove that I live in HK to in order to obtain a HKSAR Passport to ultimately secure a HRP?

If you have experienced any of this, please share.

Thanks!

A)&B): possibly, only applying for the passport will let you make sure, but it is unlikely for people born abroad after 1997 to be Chinese citizens
C): no

[kma88]

A) it was correctly given, as with all others in your situation - before 1997. I believe pre-1997 ImmD's definition of Chinese nationality = ethnic Chinese, so this was your case. Post 1997 Chinese nationality is based on the PRC Nationality Law. So if you had first registered for HKID post 1997 you may not have gotten 3 star.

B) No. But make sure when you do you smart ID replacement you declare yourself as Chinese national if there is such field in the form.

C) No

So in your case, your HKID is inconclusive in determining where you have Chinese nationality. The only way to find out is to go thru the HKSAR passport application.

[Morrison]

When you apply for HK passport a different dept within HK Immi will look at your file.

If they have any doubt about your Chinese nationality they will contact you and ask for
certain proof that you fulfill the requirements stipulated in Chinese nationality law.

I am also a foreign passport holder born abroad, that in itself is not a problem.
It's about whether both of your parents were "settled abroad" when you were born.
And this mainly depends on the visa category they were on back then.

As a Chinese national one does not need to come back every 36 months to maintain ROA.
It's a lifelong thing, unless your renounce your Chinese nationality.
@kma88, there is such field in the form.

In sum, by all indication HK Immi regards you as Chinese national but they will look at your file.

And you don't need to live in HK to obtain these documents

Read also through the following post

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

[CheeseToastie]

Thanks all for your swift responses.

I am also a foreign passport holder born abroad, that in itself is not a problem.
It's about whether both of your parents were "settled abroad" when you were born.
And this mainly depends on the visa category they were on back then.

Article 5 of PRC nationality law:

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."

Am I right to interpret this as:

If one of your parents are settled but one isn't, then you are a Chinese national.

and

Only if both you parents are settled or if one parent was a Chinese national and the other parent is a Chinese national but had foreign citizenship at birth then, you would NOT be a Chinese national?

[Morrison]

Yes , to your first example.

As to the second example, I don't know why you have to rephrase it and it is kind of difficult to read.
( at least to non native English speakers)
The thing is if you have two Chinese parents and they are both settled abroad but you don't have acquired
foreign nationality at birth then you are still a Chinese national.

Or

if you have only one Chinese parent and that parent is settled abroad but you don't have acquired
foreign nationality at birth then you are still a Chinese national.

https://en.m.wikipedia.org/wiki/Jus_soli