Return Home Permit

[peterthepooh]

I was wondering if there has been any changes to the process of obtaining the Return Home Permit.

Is the process still HKID-->HK Passport--> Return Home Permit?

Thnaks

Peter

[Elfin safety]

Yes you need to be a Chinese Citizen PR to be entitled to a Return Home Permit. CTS requires a HKSAR passport as proof of Chinese citizenship.

[peterthepooh]

In my case, I was born in HK and lived for 10 years and both my parents are Chinese born in HK as well. I got my HKID with ROA last year.

From what I read in the Nationality law of PRC, article 4 states that

"Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality."

Does that mean I don't have to go through naturalization as Chinese citizen?

[BryanL]

If you have ROA status, then most likely you also have ***AZ on your ID which means you can get the return home permit without problems.

[PDLM]

Really? All the reports I have read here say that the "***" is no longer being taken as sufficient proof of Chinese Nationality, and hence the requirement for a HKSAR passport. But I could be wrong - obviously this is something I just observe as an outsider.

[imparanoic]

Really? All the reports I have read here say that the "***" is no longer being taken as sufficient proof of Chinese Nationality, and hence the requirement for a HKSAR passport. But I could be wrong - obviously this is something I just observe as an outsider.

yes, you're correct, prior 2005, *** was acceptable for return home permit, now you will need a hk sar passport

[Elfin safety]

In my case, I was born in HK and lived for 10 years and both my parents are Chinese born in HK as well. I got my HKID with ROA last year.

From what I read in the Nationality law of PRC, article 4 states that

"Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality."

Does that mean I don't have to go through naturalization as Chinese citizen?

In that case you are by default a Chinese citizen in the eyes of the PRC government. And therefore fully entitled to a HKSAR passport & consequently a Return Home Permit.

A person of Chinese descent born in the Chinese territories (including pre-97 Hong Kong) is a Chinese citizen, regardless of whether they hold a foreign passport, unless they declare a change of nationality.

An important point to note is that your foreign passport will be regarded by the PRC government as merely a travel document facility, not as a statement of foreign nationality. That means if you should get into trouble with the Chinese authorities while in China, you will not be entitled to consular protection from the country of your foreign citizenship, at least as far as the PRC government is concerned.

[Elfin safety]

yes, you're correct, prior 2005, *** was acceptable for return home permit, now you will need a hk sar passport

Indeed. CTS tightened the rules & started requiring applicants to hold a HKSAR passport as proof of their Chinese citizenship since 1 March 2005.

[peterthepooh]

A person of Chinese descent born in the Chinese territories (including pre-97 Hong Kong) is a Chinese citizen, regardless of whether they hold a foreign passport, unless they declare a change of nationality.
.

I was wondering why would they declare a change of nationality? Given the scenerio (I do have AZ*** btw) I obviously will not tell or show them I have a foreign passport. I will only be showing my HKID for the application of the HKSAR passport. What would trigger them to have me declare a change of nationality?

[PDLM]

Because you have been Chinese Citizen from birth you don't have to declare anything. The Chinese Government does not recognise your Canadian Citizenship - they regard your passport merely as a travel document for other countries.

With your birth certificate, and HKID you should have no trouble getting a HKSAR passport.

What passport did you use before you had the Canadian one?