HK Immigration issue

  1. #1

    Join Date
    Aug 2003
    Hong Kong

    HK Immigration issue

    As most of you know. My dad and I are in HK now.My dad shouldnt have a problem getting back his HK ID card but in my case its hard. I was born in Canada both parents were permanant residence in HK with proof showing but not born in HK. Now immigration said that one of my parents has to be BRITISH NATURALISED? I was looking on their website and forms it never said that A PARENT HAS TO BE NATURALISED IN ORDER THEIR CHILDREN CAN OBTAIN A HK ID.

    i think im in Category iii and my dad is ii

  2. #2

    Join Date
    Oct 2005

    Now- since you were born overseas, whether you fall withint Category iii would depend on whether YOU ARE A CHINESE CITIZEN WHEN BORN.

    Article 5 of the Chinese Nationality Law-
    (1) Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
    (2) But a person whose-

    (i) parents are both Chinese nationals and have both settled abroad,
    or (ii) 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.

    The main hurdle for you may be that you are not a Chinese citizen. Consequently, you do not qualify to be a HK PR.

    Concerning the question of "BRITISH NATURALISED"- this is actually a transitional arrangement from pre-1997.
    Before 1997, any person who is a Hong KOng "British Dependent Territories Citizen" is a Hongkong PR. If you have this status (which from the information provided, I don't think you do, since your parents did not have this BDTC status)- you would either have ROA or Right To Land in HK (essentially the same, with only slight differences- both entitle you to work, live and study in HK without any restrictions)

    Therefore, even if your father is category ii- you don't fit into category iii. The only way through which you may qualify to be a HKPR is by category iv- live in HK for 7 years. (possibly category ii- if you decide to naturalise as a Chinese citizen, but I don't think this helps much in obtaining the PR status in HK)