ROA application for children born overseas

[Morrison]

This is actually his thread

As it's a very complicated case, I wouldn't trust the judgements of the front line service personnel. Get the proper documents and actually make an application so that they have to write their decision down on paper.

But looking back at the Facebook case I posted earlier in the thread, perhaps they do indeed look at the HK entry/exit records of the Chinese parent. This would indeed be look bad for skyearth's case.

I guess that’s what happens when you read geoexpat on iPhone5 and without reading glasses…….

[kma88]

ROA - I believe your child does not quality for RoA & Chinese nationality, but I concur with qhank that you should submit an application just to confirm. As I said before, you can submit in HK or in the UK via the Chinese embassy since this is going to take a while.

Naturalisation - the officer is correct as one needs RoA first. The whole naturalisation process is subject to the discretion of the Immigration Dept so it is not something you can challenge.

Dependent visa - officer is wrong / you need to reframe your situation differently. In lieu of a job, the sponsor only needs some savings. It was like HKD100K years ago but probably a bit more now. As for accommodation, you can ask a family or relative in HK to write a letter saying they will provide accommodation for the child here.

[skyearth]

ROA - I believe your child does not quality for RoA & Chinese nationality, but I concur with qhank that you should submit an application just to confirm. As I said before, you can submit in HK or in the UK via the Chinese embassy since this is going to take a while.

Naturalisation - the officer is correct as one needs RoA first. The whole naturalisation process is subject to the discretion of the Immigration Dept so it is not something you can challenge.

Dependent visa - officer is wrong / you need to reframe your situation differently. In lieu of a job, the sponsor only needs some savings. It was like HKD100K years ago but probably a bit more now. As for accommodation, you can ask a family or relative in HK to write a letter saying they will provide accommodation for the child here.

Thanks kma88, it's really helpful. This is much clearer than the message I got from Wan Chai! I will look to lodge the ROA application while we are in Hong Kong and cross our fingers. I guess the worse case scenario would be to serve 7 years of "immigration jail" for my family + however long for the naturalisation process, who's keen for a drink in Hong Kong should this happen?

I will visit the immigration tower again to check about the dependent visa; the staff told me that because I am not living in Hong Kong, I cannot sponsor anyone as dependents until I get a job in Hong Kong or lease a place, I will ask again to see whether savings would be sufficient.

If we do end up having to go down the 7 year path, when does the 7 year residency actually starts? Is it on the day of visa approval or the day when you first arrive in Hong Kong after obtaining the visa? Based on my research it's important to make sure to always renew the visa on time and not allow it to lapse + never leave Hong Kong for over 6 months at a time, anything else I am missing?

[emx]

I will visit the immigration tower again to check about the dependent visa; the staff told me that because I am not living in Hong Kong, I cannot sponsor anyone as dependents until I get a job in Hong Kong or lease a place, I will ask again to see whether savings would be sufficient.

Are you planning on moving back to HK? If not, then no point getting a dependent visa, as their 7 year clock won't start until they are living here.

[skyearth]

Are you planning on moving back to HK? If not, then no point getting a dependent visa, as their 7 year clock won't start until they are living here.

Only if my child's ROA application is rejected, in which case we are planning to apply for a dependent visa so we can relocate and live in Hong Kong to comply with the 7 year requirement.

I think I am getting ahead of myself, let's see what happens once I lodge the ROA application for my child and go from there.

[kma88]

The 7-year residency starts the day you enters HK on the visa.

Re: naturalisation, not sure why you are so keen or do you mean just getting RoA. If you really mean getting Chinese nationality and HKSAR passport, there is an issue regarding your child's case. Naturalisation, when approves, requires one to renounce all other nationalities. However, British citizenship can only be renounced after 18 years of age, so your child will still need to wait till then even after getting RoA.

[aquaman]

whats of the point of a residency visa for the child if the child is not going to reside in hong kong?

[skyearth]

The 7-year residency starts the day you enters HK on the visa.

Re: naturalisation, not sure why you are so keen or do you mean just getting RoA. If you really mean getting Chinese nationality and HKSAR passport, there is an issue regarding your child's case. Naturalisation, when approves, requires one to renounce all other nationalities. However, British citizenship can only be renounced after 18 years of age, so your child will still need to wait till then even after getting RoA.

Thank you, it make sense the 7 year clock only starts once you are in Hong Kong.

Turns out my child doesn't have British citizenship as the British passport application was rejected (long story, the child wasn't born in the UK), so there might be a possibility of getting through the naturalisation process as a child if it comes down to that.

whats of the point of a residency visa for the child if the child is not going to reside in hong kong?

We are only going to apply for the visa if we are going to live in Hong Kong for the 7 year residency requirement.

[Beanieskis]

Thank you, it make sense the 7 year clock only starts once you are in Hong Kong.

Turns out my child doesn't have British citizenship as the British passport application was rejected (long story, the child wasn't born in the UK), so there might be a possibility of getting through the naturalisation process as a child if it comes down to that.



We are only going to apply for the visa if we are going to live in Hong Kong for the 7 year residency requirement.

What nationality is your child?

[qhank]

What nationality is your child?

Good question. Assuming that you don't have legal residence in the country of your child's country of citizenship, this could be in your favour when arguing for your child's Chinese nationality. Definitely submit the refusal by the UK authorities as part of the evidence supporting your case for your child's ROA application.