What are my rights?

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  1. #11

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    My parents never had right of abode. I asked my dad, and he said that the laws were different then, and even after seven years, he wasn't allowed to apply for it. He wasn't 100% on it, but that's how he remembers it. He came to HK on a work visa and continually extended it, until they gave him unconditional stay.

    I am still going to try, because UK/HKboy if you say they do it on a case by case basis, then I guess I have nothing to lose. And my identity card and birth certificate must surely stand for something?! It's weird, because in a way, I feel like I have become 'stateless'. I have no affinity towards South Africa, and I don't have right of Abode in Hong Kong.

    I really love and miss HK, but I have a feeling you're right Aritaurus: the next time I visit it will have to be on a tourist visa, which is going to be really strange for me.


  2. #12

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    This might be redundant to ask, but did you ever have a BDTC or BNO passport? Or otherwise had naturalized as a HK British subject?


  3. #13

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    Quote Originally Posted by BiancaSF:
    I feel like I have become 'stateless'. I have no affinity towards South Africa, and I don't have right of Abode in Hong Kong.
    As an aside, you could (as far as I can see from what you have written) very straightforwardly naturalise as a British Citizen since you have been living there for the last 10 years, couldn't you?

  4. #14

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    Quote Originally Posted by Hairball:
    This might be redundant to ask, but did you ever have a BDTC or BNO passport? Or otherwise had naturalized as a HK British subject?
    No I never had either of those passports - always had a South African passport.

  5. #15

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    Quote Originally Posted by PDLM:
    As an aside, you could (as far as I can see from what you have written) very straightforwardly naturalise as a British Citizen since you have been living there for the last 10 years, couldn't you?
    PDLM - I'm in the process of naturalising now (not straightforward at all unfortunately!), but it is just for convenience. I'll eventually have dual citizenship/passports - British and South African, but I'd happily trade both of them in for ROA/RTL in my place of birth.

  6. #16

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    Was your mom or dad on unconditional stay when you were born? If yes, that might also help...


  7. #17

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    Quote Originally Posted by Hairball:
    Was your mom or dad on unconditional stay when you were born? If yes, that might also help...
    Yes! They were. You really think that will help? Who should I contact to start the process?

  8. #18

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    Quote Originally Posted by BiancaSF:
    but I'd happily trade both of them in for ROA/RTL in my place of birth.
    I'm not sure that would be wise since it would leave you without a passport or any means to leave. Hong Kong isn't so wonderful that you don't need to get away from it occasionally - it's just a city after all.

  9. #19

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    I'm not too sure exactly how the "settled" business works. But I had read somewhere that unconditional stay is considered to be "settled".

    And according to this:
    British Nationality (Hong Kong) Act 1997 (c. 20)

    If one of your parents was indeed "settled" in Hong Kong when you were born, then you would be a BDTC. And with BDTC, you would have ROA before the handover, and continue to have ROA. Although you likely would have lost it due to being non-Chinese and being away for greater than 36 months, then you would have RTL.

    I would double check a bit to be more sure that you are eligible. Because to apply, you need to physically be in Hong Kong, and submit a ROP145 for verification of a permanent identity card.

    Good luck! You probably deserve ROA/RTL more than I do, and I've only spent maybe a total of 6 months in my life there!


  10. #20

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    Hi Hairball,

    Thanks for that link, but I think that only applies to people who had or have British citizenship in Britain or the present-day colonies. I don't. My nationality has always been South African.

    Haha thanks for the good luck. I am sure I'll need it.