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Hong Kong > Forums  > Hong Kong Forums  > Moving to Hong Kong  > Everything Else

Another ABC ROA scenario...

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Old 24-01-2005, 07:03 PM
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Another ABC ROA scenario...

Hi,

I've read as much as I can on the ROA rules but its a little confusing. Can anyone clarify this for me?

I'm an ABC (Australian born chinese). My dad was born in China but moved to HK when he was young. My mum was born in the Philippines but the family's from HK, they moved there for a short period for family business. In any case, they all moved back when she was 2years old. Both my parents applied and received their HK ID cards prior to '97 and are PRs with ROA. My older brother was born in HK and is therefore a citizen.

Based on all this.... will I be able to apply to live in HK? I'm not sure if I'm eligible as both my parents weren't actually born in HK at the time...??

Or, is my older brother able to sponsor me in any way?

I would really appreciate any help I can get!!
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Old 25-01-2005, 12:05 AM
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Why not just mailto://enquiry@immd.gov.hk at the end of the day any advice given here is irrelevant - it is the ruling of the ImmD that counts so why not just go straight to the horse's mouth. In my experience then are very helpful and reasonable.
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Old 25-01-2005, 12:40 PM
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Your situation is the same like me whereas both my parents were born in Macau but became HK citizens and were able to prove 7 years of consequetive residences.
We just completed this process two days ago.However in order for you to apply your parents have to be approved first and you can apply from abroad. The thing is for your parents the application MUST be submitted (in person or mailed) in HK. Then there is a 6-8 week waiting period for the interview (they can authorize a relative or someone living in HK to go to the interview and pick up their cards for you.
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Old 25-01-2005, 02:04 PM
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[quote=keroleen]
We just completed this process two days ago.However in order for you to apply your parents have to be approved first and you can apply from abroad. The thing is for your parents the application MUST be submitted (in person or mailed) in HK. QUOTE]

Do you mean to say that even though my parents already have their HK ID cards they need to be present in HK to attend another interview for approval in order for me to get my ROA? Hmm.. okay, if that's the case, could you point me in the right direction to find out more about this interview and what they need to provide (eg. birth cert, marriage cert etc. etc.) Did you find the process quite straightforward?

Cheers... this is most encouraging!
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Old 27-01-2005, 06:22 PM
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Tuna0001: Do your parents have thier original HKID cards from long ago b4 you immigrated to Australia? or would it be the more recent one?

Here's also something interesting i just heard from my friend who is a CBC. His parents applied for their HKID again (were away for 20+ years). they were approved so my f riend applied. According the the website any child born to someone who was holder of HKID with 7 years of HK residence can apply. However HK Immigration rejected him on the basis that his parents were Canadian (or in your case Australian) at the time of his birth. So....i dunno la

As far as Im concerned, I went up to Wan chai office and the offical did tell us that my aprents dont have to be present for the interview that we can authorize someone for it. BUT THAT JUST DOESNT MAKE SENSE!!!

If you are in HK, go to Wan Chai office and ask , otherwise try emailing or ask someone in HK to help you out. Each person's case and senario is so different ive heard so much lately.its best to go to the source yourself.

Good luck
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Old 17-03-2005, 04:18 AM
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what counts for the immigration department is : if you are born overseas. what was the nationality of your parents at that particular time. if it Chinese (this is what you have got to prove!!!!! Chinese passport?). then there is no problem. and you can "inherit" the Chinese nationality. and so their permanent residency and the right of abode. for persons born outside HK. the most important point is C. the other schedules are irrelevant.

"a. A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR
b. A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR.

c. A person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b)."
From:http://www.immd.gov.hk/ehtml/topical_3_4.htm


But if you were able to acquire foreign nationality at time of birth. The IMMD will reject your application because of the Chinese nationality law article 5. and then you won't be able to "inherit" the right of abode under schedule C.

"Article 5 Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. 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."

from: http://www.immd.gov.hk/ehtml/chnnationality_1.htm

Last edited by Pirveebilbao : 17-03-2005 at 04:24 AM.
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Old 18-10-2005, 05:06 PM
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Now- to clarify the question of nationality:

1) There is NO SUCH STATUS AS HONG KONG CITIZEN, since Hongkong is not a nation state. (unlike Australia)

2) You were born in Australia. (i.e. outside China) In order to qualify automatically for HK PR status, you would need to have been a Chinese citizen when you were born.
NOW-
Article 5 of Chinese Nationality Law: "Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. 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"

This means if
(i) you acquire foreign nationality at birth, AND
(ii) either your parents are both Chinese nationals and have both settled abroad, or one of whose parents was a Chinese national and has settled abroad, or one of your parents was a foreign national
--> then you are not a CHinese citizen.

As a result, you do not qualify for HK PR status.
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Old 18-10-2005, 05:33 PM
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lybenben, you must be getting sick of replying these threads lately. Soon enough you'll be able to work for Immigration Department
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Old 18-10-2005, 05:42 PM
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Quote:
Originally Posted by lybenben
Now- to clarify the question of nationality:

1) There is NO SUCH STATUS AS HONG KONG CITIZEN, since Hongkong is not a nation state. (unlike Australia)

2) You were born in Australia. (i.e. outside China) In order to qualify automatically for HK PR status, you would need to have been a Chinese citizen when you were born.
NOW-
Article 5 of Chinese Nationality Law: "Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. 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"

This means if
(i) you acquire foreign nationality at birth, AND
(ii) either your parents are both Chinese nationals and have both settled abroad, or one of whose parents was a Chinese national and has settled abroad, or one of your parents was a foreign national
--> then you are not a CHinese citizen.

As a result, you do not qualify for HK PR status.
But if you want to work live in HK then you can with the Right To Land Status...
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