[YWL]

Thanks a lot Aritaurus,

Thank you very much for your reply. Fortunately I found my father’s HKID card, now that I’ve recovered his document; I hope I can apply without any problem. This ID card my father acquired when he was 17 years old, issued in 1973 (considered as an adult ID card in that time), I don’t know if this document is valid to make my application, but this document can provide his HKID number, his national status (nationality claimed...CHINESE), his date of birth, his height (within his photograph), his name in Chinese as well as in English, his name in code numbers. According to information I found from Wikipedia (old HKID cards) my father had the laminated (early stage) HKID card from the 60s-70s in which this information explains that this document has the date when it was issued, but it doesn’t have validity date, so I think he didn’t need to replace or update his old HKID card until he passed away in 1993 (before Invalidation of Identity Cards Order, 2003), the Wikipedia web page also explains about restrictions of stay regarding this type of ID card, those who had some restrictions of stay in HK had the green seal and those without any restriction of stay in HK had the black seal (my father’s ID card had the black seal). I hope to have got all the documents required by the IMMD to apply. If you find this information is not true, please let me know.

a) My father’s birth certificate (original)
b) His 3 BDTC passports
c) His old HKID card
d) My Bolivian birth certificate
e) My Bolivian Passport
f) My mother’s Bolivian Birth certificate
g) My parents marriage certificate
h) Proofs of my father’s HK stamps in his passport (departure, arrivals)
i) His Death certificate.
j) My mother’s Bolivian ID card.
k) My Bolivian ID card.

Please, I would be truly grateful if can you explain me some important points, before applying.

1) I would like you to explain me about his national status when I was born. When I was born he didn’t naturalized as Bolivian national, he was still holding his status as HK citizen at my birth and until he passed away, but he was residing legally in Bolivia due to his marriage with my mother, but he used to make frequent travels to HK because of some business.
i) According to what I explained in the above I would like to know whether I am eligible to apply to get the RTL/ROA or non of these?............Do I have to run for the RTL only and don’t waste time trying to apply for the ROA?

ii) Is there any part of the application that asks you if your father or mother has naturalized as national of another country or they automatically assume that he/she has naturalized even though that he/she never did it due to the fact that he/she was residing outside HK.

iii) Do you know if there is any relevance that my father passed away, if so is there any part of the application that asks you if your father/mother still alive.

iv) I don’t quite understand about his Nationality, his national status on his passport says that he is a British Dependent Territories citizen, and on his old HKID card says “nationality claimed...Chinese”, so I don’t understand what type of nationality he had when I was born.


2) I have a sister born in 1979, a younger brother born in 1990 and I was born in 1982. according to what you wrote on the forum you explain that you could get your RTL on the basis that you were british dependent territories citizen by descent, I also read some information about this and it explains something about to be born on or after 1 January 1983, How can this affect our status because my sister and I was born before 1983, what is the relevance to be born before or after 1983. Were you born before or after 1983? Are we still considered as British dependent territories citizens by descent?

3) Is there any relevance if both or either parent were HK citizens to apply? I mean am I still eligible to apply through my father only?, because according to what you have explained before, you could get your RTL through both of your parents because they are HK citizens, is that right?.

4) Please can you give some tips for travelling, on how much money do you think will I need to stay during the application process? On where to rent a cheap place to stay, where to eat and so on? On application fees?

5) The reasons the other guys application were declined in relation to my case. I mean what could be a strong reason to fail.

6) Exactly under what type of application I should apply for or which application category possibly applies to me. Under what type of application have you applied to get your RTL status? Please can you give me full detail? I wouldn’t like to have any mistake on this.

7) I have lived in HK approximately one year as a dependant when I was 3-4 years old (in the year 1986 with my parents), is this useful information? Does it help me?

8) Please can you tell how to send my application with the supporting documents, do I have to provide simple photocopies, or legal photocopies, if so how do I have to legalize the photocopies.

Thank you very much for your help.

[Aritaurus]

Originally Posted by YWL

1) I would like you to explain me about his national status when I was born. When I was born he didn’t naturalized as Bolivian national, he was still holding his status as HK citizen at my birth and until he passed away, but he was residing legally in Bolivia due to his marriage with my mother, but he used to make frequent travels to HK because of some business.
i) According to what I explained in the above I would like to know whether I am eligible to apply to get the RTL/ROA or non of these?............Do I have to run for the RTL only and don’t waste time trying to apply for the ROA? .

Ok, he wasn't a naturalised citizen at the time you were born. Was he a permanent resident ? Was he holding a visa that entitled him unconditional stay ? If was , say on a student or a work visa, they might consider you a Chinese citizen and you might have the Right of abode. Then again, you have also acquired Bolivian citizenship upon birth from your mother so they may not give you ROA based on that too, since the PRC doesn't recognise dual citizenship. Either way, even if you're applying for RTL , you still have to fill in the ROA forms so who knows , I would apply and you might even get ROA. When your application for ROA gets turned down, they will just give you RTL if you're eligible for it.

Originally Posted by YWL

ii) Is there any part of the application that asks you if your father or mother has naturalized as national of another country or they automatically assume that he/she has naturalized even though that he/she never did it due to the fact that he/she was residing outside HK.

I believe so. It will ask you what year your father acquired foreign citizenship. But they will look at several factors before making the assessment of whether you're Chinese citizen or not. It mainly has to do with whether or not you acquired a foreign citizenship at the time you were born. Also, it depends on your father's status in Bolivia at the time you were born. If your father was a foreign resident of Boliva and did not have permanent residency, they may be regarded as a Chinese national. From the information you provided, you acquired Bolivian citizenship at birth so I'm not sure if they'll still consider you a Chinese citizen.

Originally Posted by YWL

iii) Do you know if there is any relevance that my father passed away, if so is there any part of the application that asks you if your father/mother still alive.

I don't think that's really a concern as long you have his documents with you. There's no part of the application that asks if your parents are still alive or not.

Originally Posted by YWL

iv) I don’t quite understand about his Nationality, his national status on his passport says that he is a British Dependent Territories citizen, and on his old HKID card says “nationality claimed...Chinese”, so I don’t understand what type of nationality he had when I was born.

If he has a BDTC passport , he was a British subject. The BDTC passport is all they need to see as proof that he was a British subject at the time you were born. That should mean that you were a BDTC at the time you were born by descent.

Originally Posted by YWL

2) I have a sister born in 1979, a younger brother born in 1990 and I was born in 1982. according to what you wrote on the forum you explain that you could get your RTL on the basis that you were british dependent territories citizen by descent, I also read some information about this and it explains something about to be born on or after 1 January 1983, How can this affect our status because my sister and I was born before 1983, what is the relevance to be born before or after 1983. Were you born before or after 1983? Are we still considered as British dependent territories citizens by descent?

I was born in 1984 and my younger brother was born in 1989. If it said born before OR after 1983 , I don't see it as a problem. After 1997, it would be a different story since there's no way anyone can be a BDTC after the turnover since this type of British nationality ceased to exist.

Originally Posted by YWL

3) Is there any relevance if both or either parent were HK citizens to apply? I mean am I still eligible to apply through my father only?, because according to what you have explained before, you could get your RTL through both of your parents because they are HK citizens, is that right?.

As long one of your parents was a BDTC and a permanent resident of Hong Kong, that should be fine. I have a friend who was born in Canada , his mother was a BDTC and HKPR , his father was a PRC citizen with no Hong Kong permanent residency. He never had any problems getting his ROA/RTL.

Originally Posted by YWL

4) Please can you give some tips for travelling, on how much money do you think will I need to stay during the application process? On where to rent a cheap place to stay, where to eat and so on? On application fees?

This really depends. Maybe you can try looking for a flatshare on the classifieds section of this website if you don't mind sharing with someone. There are also hostels that average $15 - $20USD a night. Food generally isn't expensive here. I wouldn't worry about it. For an ROA application, there are no fees from what I know - at least when I applied.

Originally Posted by YWL

5) The reasons the other guys application were declined in relation to my case. I mean what could be a strong reason to fail.

I don't exactly know the criteria they use to approve these applications. But I don't see it as a problem as long you present all the documents they ask for.

Originally Posted by YWL

6) Exactly under what type of application I should apply for or which application category possibly applies to me. Under what type of application have you applied to get your RTL status? Please can you give me full detail? I wouldn’t like to have any mistake on this.

When I applied , I used category 8 which was the last one. It goes somewhere along the lines of " Non-Chinese citizen whose parents had the Right of abode under category 1 to 3 " or something like that. It's hard to say for you since you might be considered a Chinese national since your father may not have been a considered a permanent resident of Boliva at the time you were born. I would just go to the immigration tower in Wan Chai and talk to one of the immigration officers there. They will tell you which category to apply under and the likelyhood of you being approved.

When I went , they asked me many questions and when they had an idea of my situation, they told me to apply under category 8.

Originally Posted by YWL

7) I have lived in HK approximately one year as a dependant when I was 3-4 years old (in the year 1986 with my parents), is this useful information? Does it help me?

It wouldn't help much but it shows them that you have set foot in Hong Kong before and you intend on staying. If you document this, be sure to show them the appropriate passport that has this endorsement on it. When I documented that I even visted Hong Kong as a vistor in 1995 , they asked for the passport showing the arrival and departure stamps.

Originally Posted by YWL

8) Please can you tell how to send my application with the supporting documents, do I have to provide simple photocopies, or legal photocopies, if so how do I have to legalize the photocopies.

After you have sent in your application, you will receive a confirmation number by mail. A few weeks after, they'll mail you a checklist that outlines all the documents you need to bring in. You can mail them photocopies of all the documents. After they have received everything, they will make an assessment of your eligibility and schedule you to come in for an interview. At the interview, they will check all the actual copies of your documents and if everything looks good, they'll approve you on the spot.


Well , I hope this helps. I'm only telling you everything I know from my experience of applying. I would still contact the IMMD if you're unclear about some things. There's many questions that only the IMMD can give you a definite answer. Good luck and I hope you can get approved for this.

[Banane76]

Hello everyone! I put in my application in August and have a meeting scheduled for when I go back in Dec. I plan to work there as I have a job waiting for me. How soon can I work after that interview? I'm also CBC and my parents have HKIDs.

[Aritaurus]

Originally Posted by Banane76

Hello everyone! I put in my application in August and have a meeting scheduled for when I go back in Dec. I plan to work there as I have a job waiting for me. How soon can I work after that interview? I'm also CBC and my parents have HKIDs.

If the interview goes well, you can start working right away. They'll give you a temporary paper identity card with " RO " on it and you'll also get an endorsement on your passport saying " Previous conditions of stay are hereby cancelled ". If you show the temporary identity card and your passport with the endorsement on it to your employer , that should be fine.

[Banane76]

Hi Aritaurus,

Thanks for your reply!

[TestUser1]

Artiaurus, I have a question about the process, did you goto HK temporarily to apply or did u intend to stay for a few months at least? I am also in a similar situation, my father is a HK permanent resident and I was born in Canada. I called the HK immigration office and they said my chances are not strong in getting the RTL/ROA but they said apply anyways. Only thing is how long did you stay in order to obtain the RTL ? I am going in Dec for about 1.5 months, but they said it would take 6-8 weeks minimum. So I am not sure I have enough time. I am not sure if I should delay applying until I have more time to stay.

[Aritaurus]

Originally Posted by TestUser1

Artiaurus, I have a question about the process, did you goto HK temporarily to apply or did u intend to stay for a few months at least? I am also in a similar situation, my father is a HK permanent resident and I was born in Canada. I called the HK immigration office and they said my chances are not strong in getting the RTL/ROA but they said apply anyways. Only thing is how long did you stay in order to obtain the RTL ? I am going in Dec for about 1.5 months, but they said it would take 6-8 weeks minimum. So I am not sure I have enough time. I am not sure if I should delay applying until I have more time to stay.

I was in Hong Kong for exactly a month when I applied. I think it really depends on the season and time. I applied in late August 2006 and I got my approval in September 2006. I was lucky because I got my letter of approval and got called for the interview just two days before I came back to Canada.

If you're going in December , there might be a lot of people applying for ROA/RTL coming from other countries so the wait times might be longer. I would just apply when you're there , send in all the documents required as soon as you can - the sooner you send them the documents , the sooner they can give you an answer. If they send you that letter saying that you're approved, you can always come back whenever to have everything finalised and completed. I have a friend from the UK who got her letter saying she was approved for RTL but she wasn't able to schedule an interview, she just came back the following year and she got her temp ID and her photo and thumb prints taken.

They'll always use the same reference number that refers back to your file so all the progress you have made will be saved on their system.

[paiste]

Hi Aritaurus

I am interested in how you got your RTL. I am probably in a very similiar situation as you. I am currently in HK now and was looking to apply for ROA/RTL, whichever I can get. I am interested in how you filled out your form. Basically, I was born in Australia and at the time of my birth my parents were already Australian citizens. So I therefore am not eligible for ROA. However, my mum does currently have a current HKID, and my dad has a old CI but lost his HKID card. I am about to fill out ROP 145 and was about to apply through 2 (7) which basically says "Persons not of Chinese nationality who were permanent residents of Hong Kong before 1 July 1997 or persons of Chinese nationality who had the right of abode in Hong Kong before the establishment of the HKSAR". I am wondering whether I can apply through this, as my first trip back to HK was in 2004/2005.

Any answers or guidance would be very much appreciated.

[TestUser1]

Originally Posted by Aritaurus

I was in Hong Kong for exactly a month when I applied. I think it really depends on the season and time. I applied in late August 2006 and I got my approval in September 2006. I was lucky because I got my letter of approval and got called for the interview just two days before I came back to Canada.

If you're going in December , there might be a lot of people applying for ROA/RTL coming from other countries so the wait times might be longer. I would just apply when you're there , send in all the documents required as soon as you can - the sooner you send them the documents , the sooner they can give you an answer. If they send you that letter saying that you're approved, you can always come back whenever to have everything finalised and completed. I have a friend from the UK who got her letter saying she was approved for RTL but she wasn't able to schedule an interview, she just came back the following year and she got her temp ID and her photo and thumb prints taken.

They'll always use the same reference number that refers back to your file so all the progress you have made will be saved on their system.

Thanks for the info, also when I called the immigration dept. they gave conflicting statements: one person said if your father/mother was born in HK then you can get RTL, however if your father came from the mainland into HK then the RTL/ROA cannot be transferred to you. Do you know if that is true ? Basically he told me that since my father had came from the mainland into HK, then he would be considered am immigrant himself to HK and therefore RTL/ROA cannot be transferred to me. But then I heard that from someone else that as long as my father had lived in HK for 7 years and obtained HKID and went back to update it, which he did. Then RTL/ROA could be transferred to me. I am curious were your parents born in HK or orginally from the mainland into HK ?
Also the form ROP145 does not mention RTL at all, all it says is ROA. Do you have to explicitly tell them to apply RTL rather than ROA at the immigration office ? I don't want to apply and then have them reject me, only to tell me that I didn't explicity apply for RTL.

[Aritaurus]

Originally Posted by TestUser1

Thanks for the info, also when I called the immigration dept. they gave conflicting statements: one person said if your father/mother was born in HK then you can get RTL, however if your father came from the mainland into HK then the RTL/ROA cannot be transferred to you. Do you know if that is true ? Basically he told me that since my father had came from the mainland into HK, then he would be considered am immigrant himself to HK and therefore RTL/ROA cannot be transferred to me. But then I heard that from someone else that as long as my father had lived in HK for 7 years and obtained HKID and went back to update it, which he did. Then RTL/ROA could be transferred to me. I am curious were your parents born in HK or orginally from the mainland into HK ?
Also the form ROP145 does not mention RTL at all, all it says is ROA. Do you have to explicitly tell them to apply RTL rather than ROA at the immigration office ? I don't want to apply and then have them reject me, only to tell me that I didn't explicity apply for RTL.

That is correct. If your parents came to Hong Kong from the mainland, you won't be eligible for RTL. Before 1997 , all Hong Kong residents who were born in Hong Kong were British subjects (British Dependent Territory Citizens). When your parents moved to Hong Kong, they were considered PRC nationals and not British subjects. RTL can only be granted to descendents of British Dependent Territory Citizens or non-Chinese citizens after 1997 who once had the ROA but have left Hong Kong for a period longer than 36 months.

Do you still have any of your father's documents before immigrating to Canada ? What kind of passport did he use ? If it was a PRC Passport or a Hong Kong Document of Identity, I'm afraid you won't have any chance of getting approved for RTL. My parents were both born in Hong Kong so I was automatically a British subject when I was born in Canada in 1984 dispite that my parents obtained dual citizenship. PRC nationals who obtain the Right of abode in Hong Kong after living there for a period no less than 7 years had the option to naturalise as a British subject before the turnover. If your father has one of those British hardcover passports, that would mean that your father naturalised as a British dependent territory citizen before you were born and you could be eligible for RTL. I would check and see what passport he used before he immigrated, if it's a British passport , then you should be ok.

As for ROP145, you have to apply for ROA first. Once they have assessed that you are not eligible for ROA but eligible for RTL, it will say that you are approved for RTL. When they send you the letter outlining their decision, there's three boxes that could be checked off -- Approved for ROA , Approved for RTL and not approved.

I hope this helps but just keep in mind that this is from my own and other people's experiences. If you need a definite answer, I'd contact the IMMD. I hope this helps and good luck !