ROA Question

[StellarEcho05]

Hello everyone!
Here's the situation :
I currently live in Switzerland and have Swiss citizenship but want to move to HK for my university studies. My mother is a HK born HK SAR citizen and has the Right of Abode (ROA) in the HK SAR and currently holds the HK Permanent ID Card and also has the HK SAR Passport. And at the time of my birth only and still only has Chinese (HK) nationality.
I have contacted the HK Immigration department to ask them whether I was eligible to apply for HK SAR Permanent Residency. To my surprize, I am! The officer on the phone told me, after a long discussion of my current situation to fill in form ID 881. I have filled in all required fields and have affixed a copy of all documents needed, and a motivation letter (written in Chinese of course!).

Now here is my question (To be sure, because sometimes those people don't really know what they're talking about) :
1) Since I hold foreign nationality, am I not considered a Chinese citizen or does form ID 881 only take into account my status at the time of Birth so under form ID 881 I am a citizen of China?

[aw451]

Are you ethnically Chinese?

[StellarEcho05]

Are you ethnically Chinese?

Hello,
thanks for your quick reply ！really appreciate it !


Yes I am indeed ethnically Chinese, well to be more specific I am mixed blood (European + Han Chinese)

[Mrs. Jones]

You have Chinese last name?

[StellarEcho05]

You have Chinese last name?

Hi, thanks for your answer!
Uh, if you mean on my passport, no I do not have a Chinese name and last name on my passport documents. But I was given, at birth a Chinese name and last name that has been officially registered.

[Morrison]

The two previous users just asked nonsensical questions.

What’s important to you is article 5 of Chinese nationality law.

http://www.npc.gov.cn/zgrdw/englishn...%20nationality.

In your case, if you claim ROA it is based on you being a Chinese national with a Chinese parent with ROA.

If you don’t wish to be regarded as Chinese national then don’t claim ROA.

As to your Swiss nationality, China will regard you as Chinese national and does not recognize
your other nationality. Therefore won’t ask you to renounce it. They will want to know about it though, and will take copies of that passport.

Mach dir keine Sorgen

[StellarEcho05]

The two previous users just asked nonsensical questions.

What’s important to you is article 5 of Chinese nationality law.

http://www.npc.gov.cn/zgrdw/englishn...%20nationality.

In your case, if you claim ROA it is based on you being a Chinese national with a Chinese parent with ROA.

If you don’t wish to be regarded as Chinese national then don’t claim ROA.

As to your Swiss nationality, China will regard you as Chinese national and does not recognize
your other nationality. Therefore won’t ask you to renounce it. They will want to know about it though, and will take copies of that passport.

Mach dir keine Sorgen

Hi, thanks for your answer!!
yes, I want to be regarded as a Chinese national, that's why I want the HKPermID, and not the standard ID that I can also more or less easily get! But do you think my odds, given sufficient proof of relationship with my mother are good for me to get Chinese nationality? I have always been keen on getting it for personal reasons, that's why I'm mega stressed right now, with the fear of rejection, haha.

Oh, I live in the French speaking part of Switzerland haha, you can then wish me "Bonne chance" haha !

[StellarEcho05]

The two previous users just asked nonsensical questions.

What’s important to you is article 5 of Chinese nationality law.

http://www.npc.gov.cn/zgrdw/englishn...%20nationality.

In your case, if you claim ROA it is based on you being a Chinese national with a Chinese parent with ROA.

If you don’t wish to be regarded as Chinese national then don’t claim ROA.

As to your Swiss nationality, China will regard you as Chinese national and does not recognize
your other nationality. Therefore won’t ask you to renounce it. They will want to know about it though, and will take copies of that passport.

Mach dir keine Sorgen

Yes, indeed I want to have Chinese nationality for ease of use in HK, for example I can have the 回鄉證 to go to the mainland and don't have to wait hours long queues at the border haha, I also want to get it for personal reasons relating to my self identity haha, But do you think I have good odds, cause I mean legally I fulfil all of the requirements and I have hand written a letter of intent (motivation letter) to explain my personal reasons of applying.

Sorry, It's just something I have really pursued for a long time and it really important to me, for the sake of self identity to have Chinese nationality hehe.



P.S. Ich wohne in der französischen Teil der Schweiz, so sie können mir "Ne te fais pas de soucis" sagen hahahhaah!

[StellarEcho05]

The two previous users just asked nonsensical questions.

What’s important to you is article 5 of Chinese nationality law.

http://www.npc.gov.cn/zgrdw/englishn...%20nationality.

In your case, if you claim ROA it is based on you being a Chinese national with a Chinese parent with ROA.

If you don’t wish to be regarded as Chinese national then don’t claim ROA.

As to your Swiss nationality, China will regard you as Chinese national and does not recognize
your other nationality. Therefore won’t ask you to renounce it. They will want to know about it though, and will take copies of that passport.

Mach dir keine Sorgen

Oh and I don't really worry about my swiss nationality being taken away as HK allows HK citizens to have the ROA in foreign countries to use the respective docs for "travelling purposes"

[shri]

What is this nonsense about motivation letter written in Chinese?!?