Right to land for foreign citizen w/HK PR parent

[2PAC]

Thank you elfin and hairball for the usefull information. My mother is a full ROC citizen, and I am a ROC overseas passport holder. I believe my father was also a full ROC citizen because he attended university there for 4 years. He also has an ROC passport. I was thinking about going into HK with a 台灣居民來往大陸通行證, and applying for ROA that way. I don't know what the policy is on considering ROC citizens to be Chinese citizens. I always thought that ROC citizens were considered PRC citizens as well.

[Hairball]

If you have that permit, give it a try. Let us know how it goes because that would be kind of an exceptional case.

I don't think they can say you aren't a Chinese citizen when you apply for ROA in HK because that would totally contradict the One China Policy.

[2PAC]

Hairball, have you heard of any people turned down for roa because their roa parents were settled overseas?

[Hairball]

I sure do, it's called myself!

My Chinese citizen parents with ROA in HK were settled abroad in Canada, and I was born in Canada and obtained citizenship there, which means I am not Chinese according to Article 5 of the PRC Nationality Law.

"Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality."

But nevertheless as I had a parent born in HK and had BDTC (actually both parents, but you only need one to qualify), I would've had ROA before the handover on July 1, 1997, but I didn't meet the residency requirements subsequently, and lost ROA and only have RTL now.

[2PAC]

So I guess the moral of the story is that your parents BDTC and being born in HK saved you.