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

[bizchk01]

Thanks to COVID, we are forced to give birth in Kazakhstan in 3 months times as there are currently no possible transports to return to HK. So, we are pretty messed up! So we appreciate if you can provide us some insights!.

Background
a. Children born in Kazakhstan + will not acquire Kazakhstan's nationality at birth; only a birth cert.

b. Parents:
- Mother: Kazakhs + recently granted HK dependent visa; no NZ passport

- Father: HKPR (born in HK, with HKPR with HKID+passport) + NZ passport; made no declaration of nationality change; in last ~12 yrs, he travelled/lived globally (1.8 yr HK, 4 yrs in Japan, 4 yr NZ, 1 yr Canada, 1 yr Kazakhstan); all his families (parents, etc.) still live in HK and have no other citizenships.

- Planning to return to HK once the children is born, We intend to settle in HK (was planning to give birth in HK but unfortunately it is not feasible now, thanks covid.


Questions:
1. Would the children has the HK right to abode/HK passport/ID?
2. The children, once born, we can apply by using these form: ROP144+ ID844+ ID641n?
3. Do we need to apply for (a)Verification of Eligibility for a Permanent Identity Card (b) application for certificate of entitlement, before submitting application for HK passport and ID?

[HK_Katherine]

Children born in Kazakhstan to a Kazakhstan mother do not aquire citizenship? How does that work? What about normal people born there to single mothers (for example)?

This seem to suggest your child will get Kazakstan citizenship. https://www.refworld.org/pdfid/502caf112.pdf

Article 3. Citizenship of the Republic of Kazakhstan Citizens of the Republic of Kazakhstan are persons who: permanently reside in the Republic of Kazakhstan as of the date when the present Law enters into force; were born on the territory of the Republic of Kazakhstan and are not citizens of a foreign state; .....

[bizchk01]

HK_Katherine, thanks for the great info.

This adds more to my worries! Would that make the children losing the HK's right of abode/ID/passport assuming he will acquire Kazakhs nationality by birth (not that I want!).

[Morrison]

It works likes this, and I know from my own experience
1. If Chinese father from HK is not settled abroad
( determined by HK immigration assessing his visa type in Kazakhstan, limited vs unlimited stay )
then the child is a Chinese national and has ROA.

2. The Chinese authorities do not recognize his Kazakh nationality and thus will not ask to renounce it.
They will just ask about it and might ask for copies of his Kazakh nationality. That’s all.

Conclusion, unless the Chinese parent is settled in the
country , it does not matter where the child is born or what other nationality the child holds.

We have had lengthy discussions about this here on geoexpat and you might find “ hairball’s guide to ROA and RTL“ useful, it also covers the Chinese nationality aspect.

[bizchk01]

Morrison - thanks for your concise and helpful advice.

I am only on a shorty term tourist/family visa (90days), meant to be here shortly and move to HK with my wife. But thanks to Covid drama. I was rather concern because I hold NZ passport and 50% of my life time was absent from HK.

Anyway, thanks heaps, very helpful, stay safe!

[aw451]

I think the problem here is that neither of the parents are Chinese. If that's the case then the child cannot be a permanent resident if he/she was born outside Hong Kong.

[chuckster007]

@bizchk01 do you have 3*** on your HKID, do you have HKSAR passport???

[bizchk01]

Father is HKPR with (ROA with HKID)/ 3 stars and has a HK passport and a NZ passport. Mother is Kazakhs with HK dependent visa.

[HK_Katherine]

Your NZ passport and time away from HK may indicate "settled abroad". Even if you (the father) were to make it back to HK that would help. You have 3 months... cycle? (not serious - but surely there is some way?).

By the way, I checked ExpertFlyer for you. There appear to be flights available via Incheon airport and also via Turkey + Doha and Dubai + Singapore.

[aw451]

I think the problem here is that neither of the parents are Chinese. If that's the case then the child cannot be a permanent resident if he/she was born outside Hong Kong.

Ignore this. With three stars on the HKID father is a Chinese national.