[chrisc]

Hi Folks,

My wife has joint UK / HK nationality (she has a HK ID and a UK passport). We currently live in the UK with our 1-year-old son but are considering moving to Hong Kong. All three of us hold UK passports.

When we move to HK my wife is unlikely to work (she's is currently pregnant with our second child) and I will seek to continue my career in HK and support the family.

My question is four fold:

- What is the easiest way of arranging this? I would have thought that both myself and my son would be eligible to live (and me work) in HK with a dependents visas, however since my wife wont be working would we still be eligible?

- Will I be able to work freely for any HK company (without specific sponsorship) under a dependents visa?

- Is a dependents visa a permanent thing, or does it just last a specified period?

- Would my son be elegible to receive a HK ID? We would like him to have joint nationality if possible. He already has a UK passport.

Thanks,
Chris.

[Roger]

If your son was born in the UK then he won't have Chinese nationality as the law says that children born abroad of Chinese citizens who have settled abroad and have another nationality at birth are not Chinese citizens. Sorry about this. Also the UK consulate will not process renunciation of nationality for British Citizens under 18. As for HK immigration, maybe someone else could tell us how and if they enforce the provision on renunciation of foreign citizenship for those foreigners who naturallise as Chinese citizens.

[dicey]

It will be best if you start looking for a job before you move to HK. The problem is that if your wife is the sponsor of all the dependent visa she will have to prove to the Immigration Department that she's able to financially support you. Unless she has a sufficient savings account it will be hard to prove that without a regular income.There is a chance that your application might be granted, though.

With a job and an employment visa, sponsored by your employer, you will be able to be the sponsor of the dependent visa of your son.

A dependent visa alway mirrors the status of its sponsor. If you're the sponsor the dependent visa will be valid until your employment visa expires.

As far as I know, everybody who lived in Hong Kong for seven years may apply for a Hong Kong ID card. Note that having a HK ID card is different from having a HK Passport (requires Chinese nationality).

[kostas]

Originally Posted by dicey

As far as I know, everybody who lived in Hong Kong for seven years may apply for a Hong Kong ID card. Note that having a HK ID card is different from having a HK Passport (requires Chinese nationality).

Just a correction.. Everyone who lives in HK for more than 3 months, needs to register and have a HKID issued to him. If you have lived 7 continuous years in HK then you have the right to become a permanent HK citizen and claim ROA.

[nivantj]

Four folds
1) If your wife holds HK Permanent ID, she can sponsor you and your son 'Dependant' visa and you can freely work. However, difficulty lies as 'Dicey' mentioned above
2) Yes (If she holds Permanent ID and she sponsors you)
3) Dependants become permenant on their own merit after continous stay of 7 yrs. (i.e. no longer required to be sponsored)
4) Your son will have right of abode after 7 yrs and ID card at appropriate age. Dual nationality is not allowed in HK (At least officially).

[chrisc]

Thank you for all your replies, they were extremely helpful.

[Roger]

Dual nationality is not recognised, but nothing in the Chinese Nationality Law says it's not allowed. The law just provides for automatic loss of citizenship for Chinese Citizens who have settled abroad and naturalised as a foreign citizen of their own free will (and in HK, have, of their own free will, declared the fact to HK Immigration), and requires foreigners who naturalise as Chinese citizens to give up their foreign nationality. Those born here of mixed parentage may have dual nationality by default. The law doesn't forbid this, nor are there any restrictions on it like in Singapore or Malaysia.