[emperorau]

I was wondering why get EU passport and HKSAR passport though?
If you have a EU passport, you can practically go to most countries Visa free while HKSAR passport is not like that though.

I presume the only reason why you do this is to be a Chinese citizen as well?

For me, I have Canadian nationality but I have a HKID with three stars and a China ID card where I can go back and forth from Mainland China without using my Canadian Passport. Saves on the Visa fees.

When I got married in China, I use my Canadian Passport and my HKID as well. What it says in my marriage certificate that I have Canadian Nationality but use HKID for ID purposes. They need me to write down a statement saying that I have all the benefits of a HK citizen but have Canadian nationality.

Anyway, I about getting a HKSAR passport that I must relinquish my Canadian Passport.

Since you got it before 1997, laws have change then. China doesn't allow dual nationalities. Getting a HKSAR passport is harder now but it can be done. But I don't know how though as I was talking with my father.

If you were born in HK, it will be easier to get. But does your parents still have their HK ID card or even a copy of it. It will help out.

The Canadian passport allows 3 month stay in HK but I'm not sure about US passport though. Anyway, why not try to find a job in HK in the meantime and see. If it doesn't work out, you can always fly back.

HK isn't for everybody unless you can get an Expat salary though.

[cybernator]

so whats the answer?!! does every ABC has ROA?
do you need to use the ROP145 form and check the C categorie
( (c) A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b). )
And is it true you are 'assumed' to be a chinese citizen as long as you did not renounced it, even if you got a foreign nationality at birth???

[lybenben]

Interesting question raised here:

The question of category (c) mainly concerns--
* status of parents at time of birth
* nationality status of the person involved (presumably AT BIRTH)

Your question here mainly involves the issue of Chinese nationality:

1) China does NOT recognise dual nationality, and the nationality law of China has many provisions which prevent Chinese nationals holding more than one nationality
2) For instance, (this concerns many "ABCs")--

(a) * If you were born overseas
* to parents, at least one of whom is non-Chinese, OR both parents were Chinese citizens
* and your parents were SETTLED (RESIDED) overseas (presumably in the country of your birth)
* AND YOU GET FOREIGN NATIONALITY AUTOMATICALLY at birth
--> you are regarded as non- Chinese, and therefore do not possess Chinese nationality

(b) However,
* if both of your parents were Chinese nationals,
* and they DID NOT SETTLE (RESIDE) in the country of your birth at the time of your birth,

--> you are a Chinese citizen (unless you've renounced it), even though you might have acquired foreign nationality automatically by birth

3) ABCs- (American born Chinese?)-
As I understand,
* A person born in the USA is automatically an USA citizen, regardless of the parents' status in the US at the time of birth

SO- the issue is whether or not your parents were SETTLED (AS RESIDENTS) IN THE UNITED STATES OF AMERICA WHEN YOU WERE BORN

If yes- You are non- Chinese
If no- You may be Chinese (depending on whether you have renounced your Chinese nationality)

4) The above is the basic position of Chinese nationality laws governing overseas born persons.

5) "Does every ABC have ROA?"--
no, this depends partly on your nationality status, and partly on whether your parents had ROA in HK.

Hope this helps

[cybernator]

thank you for the info.
I am almost there, but according to you the main issue is whether my parents were SETTLED (AS RESIDENTS) at the time of my birth.

Does anybody know if this is important to immigration and how they check it??, since the application form only asks for a copy of their Permanent ID card as a proof. (Even if they were 'settled' in a foreign country at the time of my birht, it is kind of easy for them to get a HK id card and how will immigration know if they were/were not settled??? ). So will immigration consider them as 'not settled' if they posses a HK ID card? and thus increase my chance for the HK ID card?

[lybenben]

If you are seeking to qualify as a HKPR under category (c) - see above,
YES- it is essential that
your parents were NOT settled in the USA

The Immigration Dept should check on your parents' status IN THE USA at the time of your birth. (i.e. US Green cards, visas, etc.) Their holding of the HK ID card should not be relevant.

** Note that to qualify under category (c)-- your CHINESE NATIONALITY STATUS is of essence.

[lybenben]

Nonetheless, there are other ways through which you can have PR status in HK:

1) Category (d)- settle in HK for 7 years
2) If you were born before 30 June 1997,
AND your parents have registered you as a HONG KONG BRITISH DEPENDENT TERRITORIES CITIZEN or as a BRITISH NATIONAL (OVERSEAS)--- you MAY qualify to be a HK PR, if you haven't been absent from HK for over 36 months continuously
(Even if you are absent from HK for over this limit, you can still have the RIGHT TO LAND, which is essentially the same as ROA- you can work, study, live in HK, though the Immigration Dept has the power to expel/remove you for e.g. serious crimes)

This issue of 'hong kong british nationality' is a bit more complicated, i guess you have to ask your parents about this

[Lammarite]

Does KLM have DIY or do they sub-contract?

[GOODMAN]

I left HK many years ago and never thought about getting my ROA until 2 years ago. Born and raised in HK until 15, I still had trouble getting my ROA because of the errors in spelling on my birth cert. But they could locate my mom’s HK identification file in their data base from 30 years ago. To make it short, through my birth cert expired passport which I kept all these years, I got my ROA. But my wife with a similar circumstance, could not get hers. So she reapplied as my wife and she was granted an interview to take picture ID. However, that was after we returned back to US. So she missed the interview. We are planning to go back next Feb to take care of her ROA while spending 3 weeks in HK for vacation. I think ROA application requirements differ with purpose and status. If you are only working in HK, I doubt one can get ROA. Even my wife, with HK birth cert. and elementary school documents still couldn’t get it because of errors in spelling. But I wish you luck!

[fsklee]

There are a couple of items regarding citizenships and ROA:

* HK immigration can locate a person's file also by their Chinese telegraphic code. If the English name was spelled wrong, they can locate the file by the Chinese characters.

* US allows multiple nationalities (per a US Supreme Court ruling in 1952) but:
- That is not encouraged
- People may lose US citizenship by doing certain acts
- US citizens can only have US citizenships on US soil.

* China does not allow multiple nationalities but Chinese residents in HK can use traveling documents issued by a foreign country (including a passport). Therefore:
- If a person with a foreign citizenship is naturalised a Chinese citizen (even in Hong Kong), that person will have to renounce his/her other citizenships.
- If a Chinese national who is a resident of Hong Kong applies for a foreign citizenship that does not require renouncing of previous citizenship, he/she can keep the Chinese citizenship.

[protocl]

damn, seems like the basic law is real simple, yet conclusive varies.

could any one help me out?

my father is a HKID card holder, mother is korean descent.
im 28 years of age and will be hired by a HK owned company in mainland china.
i know about the documents, could anyone give me a ball park figure of the percentage i will get the hkid card?