[fredtokyo]

Hi

I am a HKSAR passport holder born in HK and my wife is a Japanese. I am on a working visa in Japan (ie, not permanent visa). We are planning to give birth to our child so I wish to know if we give birth in Japan is my child still eligible for the HKSAR passport? Is my child still a chinese citizen? My child will have the Japanese citizenship at birth because of the connection with his mother.

I checked the chinese nationality law but I am not sure if I am fall under "one of whose parts is a Chinese national and has settled abroad"

"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."

[cessie]

hi fred! i dont know if we fall under similar circumstance... my mom is an all-natural hongkonger and didnt change citizenship/country of residence. i wasnt born here but i was able to get an HKID when i was 12.. (ergo got the HKSAR passport now).

[athena]

I'm not too sure but I think your child will still be eligible for HKSAR passport as from my understanding your working visa status in Japan doesn't fall under the definition of "having settled abroad".
My brother & sis got the passport, as when they were born my dad, while living overseas did not have residency overseas yet. Result: instant dual nationality, though it's supposedly not allowed by Chinese immigration law. I, on the other hand, was not granted the passport though am a HK Permanent resident. I'm re-applying for the passport now hoping that it would be granted on the basis that i'm a "foreign national of chinese descent, whose parent is a Chinese national and who has settled in China -- could have Chinese nationality"

Originally Posted by fredtokyo

Hi

I am a HKSAR passport holder born in HK and my wife is a Japanese. I am on a working visa in Japan (ie, not permanent visa). We are planning to give birth to our child so I wish to know if we give birth in Japan is my child still eligible for the HKSAR passport? Is my child still a chinese citizen? My child will have the Japanese citizenship at birth because of the connection with his mother.

I checked the chinese nationality law but I am not sure if I am fall under "one of whose parts is a Chinese national and has settled abroad"

"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."

[Becks23]

Originally Posted by athena

I, on the other hand, was not granted the passport though am a HK Permanent resident. I'm re-applying for the passport now hoping that it would be granted on the basis that i'm a "foreign national of chinese descent, whose parent is a Chinese national and who has settled in China -- could have Chinese nationality"

i think that unless you live 7 years you won't be eligible for a HK passport cause I'm pretty much in the same boat as you and have tried quite hard to get a passport to no avail.

[connecta]

nope, i can confirm like athena that it's indeed possible to get a HKSAR passport - even when not having lived in HKG for 7 years (same like for permanent residency if at least one parent is of chinese descent from HKG). but the citizenship linked to several conditions:

beside of having at least one parent of chinese descent not taking up a foreign nationality, it is to my knowledge necessary as well to not be absent from HKG for more than 3 years. this effectively means that you need to come back with your offspring to HKG at least once every three years. keeping your flight tickets/boarding passes etc. are highly recommended to prove that.

they may ask as well why you were not in HKG and the best is to claim that your offspring has been in a foreign country primarily for education (=temporarily). but because you were frequently visiting HKG you 'acknowledge' your roots in HKG and want to certainly come back after your education to _maybe_ settle permanently in HKG and therewith making a citizenship really necessary/worth. but if you only claim that it was because of your family living abroad, then this might be seen as that your parents don't regard themselves as really chinese and bound to HKG any more. if the offspring can speak some cantonese, then it obviously wouldn't hurt either to make a good impression, but it's not a requirement (other countries are way more demanding with language and culture tests, like e.g. Austria and Germany).

these are not hard facts (except of the 3 years rule), but it might be supportive for difficult cases. so the best would be of course still to check up with the immigration department for the real requirements directly.

[Becks23]

^^^ thanks a lot for that

new info I didn't know about!

[athena]

thanks for the info Connecta! My cousin was also told by an immi officer that staying in HK for 3 years is required to get the passport.. but then there's no written rule on the website that mentions such a time frame so I wasn't sure. They only state that one must be a (1) holder of HK Permanent ID (2) A Chinese national as defined by PRC Nationality Law. And though I could, I don't really intend to change my nationality by formal procedures just for the passport. Been here for 4 yrs, just waiting for the response. Will update you Becks23 if i get the passport or not..

Originally Posted by connecta

these are not hard facts (except of the 3 years rule), but it might be supportive for difficult cases. so the best would be of course still to check up with the immigration department for the real requirements directly.

[connecta]

from my understanding it's not about living in HKG for 3 consecutive years, but about not being _absent_ from HKG for more than 36 months (for your entire life). currently i'm not in HKG, but when i'm back i will try to find back the document where it has been requested to make such a statement. i suppose, they have included this rule to check how much you are really bound to HKG.

[lybenben]

1) HKSAR passport issue:
Your child needs to be a CHINESE CITIZEN in addition to being a HK permanent resident.
Since your child was born outside HK, whether he is a HK permanent resident would depend on whether he is a Chinese citizen (see HK Basic Law Article 24(2)(3))

Under Chinese nationality law: a child born OVERSEAS to a Chinese parent and a foreign parent, SHALL BE a FOREIGN (non-Chinese) national, if at the time of birth, the child has immediately acquired foreign nationality.

As I understand, since your wife is Japanese, your child would automatically become a Japanese citizen once he is born in Japan (??). in this case, under Chinese law, your child would be regarded as a Japanese national, and not a Chinese citizen.
Therefore, your child cannot obtain the HKSAR passport, and is not eligible for HK permament resident status.

2) 3 consecutive years requirement
This only applies to HK permanent residents who are NOT Chinese citizens (and who have the RIGHT OF ABODE outside HK as well as in HK).
This is the requirement of the HK Basic Law (Article 24(2)(4))- non-Chinese HK residents must have HK as their DOMICILE in order for them to become and remain a HK permanent resident. Local legislation in HK implements this provision by requiring foreign HK residents not to be absent from hk for over 36 months. For details, pls consult the HK Immigration Dept www.immd.gov.hk
** Also-- this only relates to the RIGHT OF ABODE (or permanent residency) in HK, and has NOTHING to do with CHINESE NATIONALITY. A foreign national has to apply for naturalisation in order to become a Chinese national