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Giving birth in Kazakhstan (thx COVID) - does kid still enjoy HK right of abode/ID/Passport?

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  1. #11

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    It’s probably wise for him to rent a place in HK, even if it is with his relatives, or come back shortly before his wife delivers.
    With the current political developments
    you would not want to leave room for interpretation.


  2. #12

    Join Date
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    I think the baby should be okay for HK PR & Chinese nationality.

    Since the Chinese parent is only on short term visa in Kazakhstan, he is not settled there. In fact, he is probably not settled anywhere at this point so should be deemed NOT Settled Abroad.

    If my analysis is correct, then it doesn't matter if the child gets Kazak or NZ citizenship at birth. After birth, you can submit the HKSAR passport and Permanent ID application at the Chinese embassy in Kazakhstan. No need to go thru VEPIC. It probably takes 2 months + time for courier shipment during normal time for this.

    If my analysis is wrong where the dad is deemed settled abroad. Then you would have to apply for a dependent visa for the child to live in HK. After 7 years he would gain HK PR. At that time if you desire, then he can apply for Chinese nationality (for the HKSAR passport) but would have to renounce the Kazak and NZ nationalities.

    shri, aw451, chuckster007 and 1 others like this.

  3. #13

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    Just a couple of silly questions here. So there are no flights from Kazakhstan to HK? Are there any from Kazakhstan to China, and then you can drive to the HK border? If not, drive from Kazakhstan to China, if the road border is open? If you can't enter HK, giving birth somewhere in China would help?


  4. #14

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    Quote Originally Posted by john_1122:
    Just a couple of silly questions here. So there are no flights from Kazakhstan to HK? Are there any from Kazakhstan to China, and then you can drive to the HK border? If not, drive from Kazakhstan to China, if the road border is open? If you can't enter HK, giving birth somewhere in China would help?
    I wouldnt bother trying to fly to China to give birth,

    1. His Mrs might not even be allowed to fly there as no visa, Driving from Kazakhstan to China, no no no also
    2. Flying while heavily pregnant with only 3 months left during high risk covid is not worth it IMHO
    3. The Father is already a HK 3*** resident (Chinese), can pass to his kid, no problems, like what KMA88 said above, they can apply for the kids HKID card and HKSAR passport in Kazakhstan through the Chinese embassy.
    bizchk01 and shri like this.

  5. #15

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    there is an Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents if your kid doesnt get a HKSAR passport
    https://www.immd.gov.hk/eng/services...ationhkpr.html

    bizchk01 likes this.

  6. #16

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    Please double check that father is really REALLY "Chinese". For the definition of "Chinese", please check out Hairball guide
    https://www.sm128c.com/hk/

    HK identity card with 3*** is a decent indicator, but... it also depends on WHEN that HK ID card was issued. I have had friends who could not get ROA for their kids; due to the issuance of some documents that were dated 1984 (yes... before 1984 and after 1984 makes a huge difference)

    The key question is the : requirements of the PRC Nationality Law.
    Since he managed to get HK Passport ( definitely not BNO ar?)

    Race and citizenship are not synonymous.

    Quote Originally Posted by chuckster007:
    I wouldnt bother trying to fly to China to give birth,

    1. His Mrs might not even be allowed to fly there as no visa, Driving from Kazakhstan to China, no no no also
    2. Flying while heavily pregnant with only 3 months left during high risk covid is not worth it IMHO
    3. The Father is already a HK 3*** resident (Chinese), can pass to his kid, no problems, like what KMA88 said above, they can apply for the kids HKID card and HKSAR passport in Kazakhstan through the Chinese embassy.
    Drunken Master, bizchk01 and shri like this.

  7. #17

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    I think the key is he has to be able to prove that he is still settled in HK in order for the children to automatically inherit HK ROA.

    Case in point, a friend whose two children were born in the UK but whose husband, an ethnic Chinese HK PR born and raised in HK but living in the UK when they met. Dad moved back to HK prior to the birth of baby #1 and baby was automatically given PR.

    For baby #2 it was OK for wife to just return back to UK for the purpose of having the baby (she didn't trust HK hospitals and wanted to be with her own mum at the time). Dad was considered settled in HK and so baby #2 also inherited PR.

    The problem is the fact that in this case the dad has been out of HK for a long time and holds a NZ passport - Govt could potentially view this as being settled abroad, in which case the kids won't inherit the ROA. I agree it might be prudent for dad to return to HK (with or without mum - whichever is easier) and put down something to show he is settled in HK - however, I don't know what would be counted...rented accommodation, just being in HK at time of birth?

    LifeInHK and bizchk01 like this.

  8. #18

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    Thank you ! That were the words that i could not remember. Settled Abroad.
    This definition was determined in the 1984 Joint Sino declaration ( a rather long and messy document)

    If the Father is deemed as "settled abroad" at the time of birth of the child, then the child may not be able to inherit the ROA ; and in this case... the Father is holding a foreign (NewZealand) passport. By many definitions, he would need to have ALREADY settled in NewZealand for him to earn that passport (!)

    So the Original Poster would really need to do more research, because his case is right at the borderline.

    Just checked , for my friends case,
    Child #1 was granted ROA because the Hong Konger parent (Mum) was on a restricted visa(employment) in NewZealand , which did NOT meet the definition of "settled abroad"

    Child #2 was rejected because by that time 8 years later, the parent was already resident in New Zealand, which did meet the definition of "settled abroad"; so child #2 had to earn the ROA with 7 years.

    Quote Originally Posted by PointingFinger:
    I think the key is he has to be able to prove that he is still settled in HK in order for the children to automatically inherit HK ROA.
    。。。。。。

    The problem is the fact that in this case the dad has been out of HK for a long time and holds a NZ passport - Govt could potentially view this as being settled abroad, in which case the kids won't inherit the ROA. I agree it might be prudent for dad to return to HK (with or without mum - whichever is easier) and put down something to show he is settled in HK - however, I don't know what would be counted...rented accommodation, just being in HK at time of birth?
    Last edited by LifeInHK; 19-01-2021 at 06:58 PM.
    HK_Katherine and bizchk01 like this.

  9. #19

    Hi - thanks to all the generous sharing! Particularly thanks to Morrison, KMA88, HK_Katherine (she even searched for flights!), LifeInHK, PointingFinger. Thanks for saving me from losing any more hairs.

    Below is what i feel/conclude:

    - I am a borderline case, risk comes from largely "settled aboard". Even though I still find it hard to accept the conclusion that I am settled board because (a) they said holding foreign passport is ok as long as you are not settled aboard. (b) I am not settled anywhere yet: left NZ 6 yrs ago, worked in HK in 2015, and in 2019/20 I spent 6 mths in HK with my folks consecutively. In my recent 5 years, i spent more times in HK vs. NZ (c) I feel my case is different: my kid born in KZ, not NZ/HK, I am on temp visa in KZ despite holding NZ/HK passport, wife is KZ (most internet posts were about HK parents migrated overseas + with children born and acquired citizenship by birth in their chosen migrated country. (but of course, I do feel there is a medium to high risk where the interpretation may go against my wish).

    -Safest case (pure viewpoint for ROA): Go to HK to give birth (I am already start contacting Kazakhstan gvt/airlines for logistics and HK hospital, public one is extremely "friendly", anyone has a reasonably priced private one to suggest?

    My most ideal case (viewpoint for ROA + maternity health (baby + mum): best giving birth in Kazakhstan --> not acquiring Kazakhstan citizenship (spoken to gvt, because only one parent is Kazakhs, so we have to apply for that) --> once baby is delivered, I immediately apply for HK passport (ROP144) + HKID (ID844n) --> move to HK (hopefully covid-19+ baby/wife health are all ready).

    Thanks everyone for the help! you all help a lot, as I am feeling so stressful: First kid, Covid-19 (not easy to fly back considering wife health), potential case that children may lose ROA, return to HK looking for employment during covid-19, hospitals! but i believe all will work out, exciting journey, thanks everyone!

    The power of internet is pretty amazing, thanks all.


  10. #20

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    IT IS DEFINITELY POSSIBLE TO TRAVEL FROM Kazakhstan!

    Someone tested positive at the airport today from there Hope it was not you or your wife..... but clearly it's possible to make the journey.

    bizchk01 likes this.

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