Child born in HK. Right of Abode?

[Loco]

Hi,

I was wondering if somebody can share some experience on this.
I am a German citizen and my wife is a Chinese citizen. We both have been living here for several years but don't have permanent residency status yet.
We expect a child in a few months.
As far as I understood the regulations, our child can only obtain the HK right of abode when he has Chinese citizenship.
Does anybody know the legal situation regarding getting Chinese citizenship for the child first, getting a HK ID for it, and the changing the child's citizenship to German some time later. Would that somehow violate HK immigration law? Has somebody here been in a similar situation and can share experience?
Thanks

[Hairball]

I can't speak for German nationality, but if the mother is Chinese, and the child is born in HK, then child will be Chinese and ROA in Hong Kong.

Perhaps the child can obtain German nationality from you. Dual nationality is fine, as long as you don't formally report a change in nationality.

[Loco]

Thanks. Yes my wife is Chinese. So the Chinese passport comes with the birth certificate so to say? And then the ROB follows suit?

Yes, I thought I'll get a German passport for my child, because the combination German passport and HK ID seems quite handy. That would mean renouncing the Chinese nationality though, since German authorities unfortunately don't tolerate double citizenship. Would that be a problem for the HK ROB then?

[Konijntje]

Countries that do not allow dual nationality generally make a provision for children born to parents of different nationalities which allow them to have both until they turn 18, or 21 depending on the country.

[Aritaurus]

Dual citizenship

Although dual citizenship is restricted under German law, it can be held in limited circumstances:
where a child born to German parents acquires another citizenship at birth (e.g. based on place of birth, or descent from one parent).
where a German citizen acquires a foreign nationality with the permission of the German government
where a naturalized German citizen, or a child born to non-German parents in Germany, obtains permission to keep their foreign nationality

I don't know how credible this is since it's from Wikipedia but it seems like your child can hold dual citizenship since he/she will have acquired Chinese citizenship by birth/descent and not by naturalisation. It pretty much says you will lose German nationality if you voluntarily acquire another citizenship by naturalisation.

If your child's Chinese citizenship does become an issue in the future, he/she can renounce Chinese citizenship and retain ROA in Hong Kong as long certain residency conditions are met.

[Loco]

As far as I understand German citizenship law, dual citizenship is basically not tolerated but children to foreigners born in Germany acquire German citizenship but have to renounce other nationalities when the reach the age of 23. I also found something online that there are other exceptions for persons who acquire dual nationality qua descent - as in our case. If I find something authoritative on that I'll post it. Probably just not mentioning it should do also.

I found some key regulations on this. Maybe that is useful for other people as well.


How can I get an endorsement of permanent residence on a foreign passport for my children who are under 11 years old?

A3:

For eligible persons aged under 11 holding valid travel documents, an endorsement may be made in their travel documents stating their eligibility for a permanent identity card (PIC) verified.

Such application can be made through their father/mother/guardian by way of submitting a completed application form "Application for Verification of Eligibility for Permanent Identity Card" (ROP145). The completed ROP145 together with copies of supporting documents should be sent BY POST, DROP-IN or ONLINE to the Right of Abode Section of the Immigration Department (Address : 25/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong). After verification of their eligibility for permanent identity card, their previous condition of stay as visitors in their foreign passport, if any, will be cancelled. Then, they may apply for an endorsement to be made in their foreign travel documents stating "Holder's eligibility for Hong Kong permanent identity card verified". The fee for making such an endorsement to a travel document is HK$165.

Your children are required to be PRESENT in Hong Kong at the time of application for verification of PIC as well as when such endorsement is given to them. A PIC will be issued upon application when they reach the age of 11 provided they have not lost their right of abode (ROA) in the HKSAR. Circumstances under which a permanent resident of the HKSAR will lose his permanent resident status (i.e. ROA) are listed on a notice (ROP 152).

It further says that

Children under the age of 11 with the Hong Kong permanent residency status established as indicated in their Hong Kong birth certificates normally do not need to apply for verification of eligibility for permanent identity card. They may apply for permanent identity card directly when they reach the age of 11. Such children if holding valid foreign travel documents may apply for an endorsement to be made in their travel documents stating the eligibility for a permanent identity card verified for travel convenience. Such application can be made by way of submitting an application for verification of eligibility for permanent identity card by their parents or guardians.

As far as I understand it, the eligibility comes directly with the birth certificate, given that one of the parents is of Chinese nationality. It seems the nationality of the child at the time of application for PIC doesn't matter. If I understand it right this would make things a lot easier.

Thanks.

[hktraveller]

Hi,

I was wondering if somebody can share some experience on this.
I am a German citizen and my wife is a Chinese citizen. We both have been living here for several years but don't have permanent residency status yet.
We expect a child in a few months.
As far as I understood the regulations, our child can only obtain the HK right of abode when he has Chinese citizenship.
Does anybody know the legal situation regarding getting Chinese citizenship for the child first, getting a HK ID for it, and the changing the child's citizenship to German some time later. Would that somehow violate HK immigration law? Has somebody here been in a similar situation and can share experience?
Thanks

Germany doeesn't allow to acquire a citizienship whithout renouncing the existing one. But in this case youd child doesn't need to acquire it, it has it by birth. This will no longer be the case for parents born after a certain year (I believe 2000, but not sure, anyway a figure not to worry about for a few years more). In your case it will be no problem at all. I have a friend who has a child born in USA to a Philippina who lives there. Armed with a US and a Philippine passport and the birth certificate he went to the German Consulate to get a German passport immediately.

[Loco]

Great. Thanks guys. Sounds like my child can expect two passports plus the HK right of abode. That is not too bad.

[spring valley]

we are living in China right now but are planning to give birth in hong kong end of august 2010.

can anyone tell me
-which hospital might be the best (private hospital)
-whther it is possible to have german and hk citizenship? we want to apply both immediately.
- whether it is useful to approach a service company which handles all the paperwork (birth certificate, hk id, etc.)

I am permanent resident in hk (german nationality), my wife is mainland chinese with no residency in hk.

would appreciate if there is any german out there with the same experience.

cheers

[Claire ex-ax]

There is no such thing as Hong Kong citizenship. Your child would have Chinese citizenship.