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Applied for PR. Immigration says I might be a Chinese national. What does that mean?

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  1. #11

    Join Date
    Feb 2006
    Posts
    829
    Quote Originally Posted by Miaofromcali:
    I was just thinking of the cons. Losing US Consular protection in China and HK will definitely suck but I probably won't do anything bad. Also like you mention I only have one passport. Being able to have another one as plan B is quite important.



    Ya, applying for HRP will be a problem, I can't read or write any Chinese and I can barely talk properly. But China Visa for US Passports are 10 years and I always get them done back home in SF. Also I don't think I am considered a Chinese national to mainland as long as I don't take on the three star HKID. Unlike most people who apply, my parents are mainlanders. Once I was born in the US, my parents had the option to get me a US Passport or China. Since China doesn't allow dual passport, I was never considered a Chinese national. But since I came work in HK and did my 7 years, there is a loop hole made by special explanations of the Nationality Law for HKSAR and MACAU, were I am able to get back my Chinese citizenship (HK version) while keeping my US Passport.

    Also does anyone know if Chinese nationality law applies retroactively?
    If you're a US Citizen, you won't lose consular protection in China. The US is the only country that keeps up consular protection for its dual nationality citizens even when they're in a country which also claims them as nationals.

  2. #12

    Join Date
    May 2006
    Posts
    457
    Quote Originally Posted by z754103:
    If you're a US Citizen, you won't lose consular protection in China. The US is the only country that keeps up consular protection for its dual nationality citizens even when they're in a country which also claims them as nationals.
    I don't think this is quite right. See below

    Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned documents.
    https://www.gov.hk/en/residents/immi...hinese/law.htm

    To enjoy US consular protection in HK, you need to declare US nationality, which means giving up Chinese Nationality
    https://hk.usconsulate.gov/u-s-citiz...ual-nationals/

    "In addition, their dual nationality may hamper efforts of the U.S. Government to provide consular protection to them when they are abroad, especially when they are in the country of their second nationality."
    https://travel.state.gov/content/tra...tionality.html