[elisalinh]

My parents fled Vietnam in the late 70's and were put in refugee camps in Hong Kong. While there, I was born in Kowloon, Hong Kong in 1980. Shortly after, my parents left for the United States where I reside now. Since then, both of my parents have obtained U.S. Citizenship which naturally made me a U.S. Citizen. I would like to know if I can apply for dual citizenship U.S./Hong Kong???? And if so, how do I go about doing it. Any response would be helpful. Thanks in advance.

[carang]

being born in hk does not entitle you to Right of Abode. in this respect the law is very discriminatory. you are ONLY eligible for ROA IF both of your parents held ROA AND you are of CHINESE descent.

i'm afraid that being refugees, neither of your parents likely had ROA and neither are they chinese...

sorry!
but, i would still contact immigration just to be sure.

[Hairball]

You may have a chance at getting ROA (or downgraded to RTL).

If you were born in Hong Kong before 1983, you may be a British Dependent Territories Citizen by birth. Have you held a BDTC passport before? If so then you should have had the ROA at some point even if you were not a Chinese citizen.

I don't know however if you can be eligible to get BDTC if you were born to refugees though.

But if you are non-Chinese and haven't been in Hong Kong every 36 months since 1997 then you'd have lost ROA and downgraded to right to land (RTL), which has mostly the same rights.

[PDLM]

Moreover, to answer the specific question of citizenship, I can't see any grounds for which you would be regarded as a Chinese citizen at birth, and China does not recognise dual nationality for naturalised citizens (and I don't think you are close to having enough grounds on which to be accepted for naturalisation anyway).

I assume you are also a Vietnamese national by birth? What travel document did you use when you moved to the USA?

[Aritaurus]

You might be eligible for the right to land which allows you to enter Hong Kong freely to live, work and study without restriction because you were born before the British nationality act of 1983.

Before 1983, anyone (except children of foreign diplomats) born in Hong Kong was a Citizen of the United Kingdom and colonies. This automatically gave you an entitlement to permanent residency in the territory. This was later changed to British Dependent Territory Citizenship after 1983. After 1997, when Hong Kong was ceded back to China, all British Dependent Territory Citizens who were not eligible for Chinese Citizenship still had the lifelong right of residency in Hong Kong through right of abode or right to land.

The only way to find out for sure is to apply. I actually know someone in a similar situation to yours - born in Hong Kong before 1983 to Vietnamese refugees, then later immigrated to Australia. He still hasn't applied for it though.

[Aritaurus]

Originally Posted by Hairball

You may have a chance at getting ROA (or downgraded to RTL).

If you were born in Hong Kong before 1983, you may be a British Dependent Territories Citizen by birth. Have you held a BDTC passport before? If so then you should have had the ROA at some point even if you were not a Chinese citizen.

I don't know however if you can be eligible to get BDTC if you were born to refugees though.

But if you are non-Chinese and haven't been in Hong Kong every 36 months since 1997 then you'd have lost ROA and downgraded to right to land (RTL), which has mostly the same rights.

You've been reading all my posts haven't you ? =P

[Hairball]

Originally Posted by Aritaurus

You've been reading all my posts haven't you ? =P

Haha, I've become obsessed with the HK immigration law recently, and you're part of that, lol.

However I can't see myself ever renouncing Canadian citizenship to become Chinese like you though

Do you speak fluent Cantonese?

[carang]

if that's the case, i'm sorry for any incorrect information...

[elisalinh]

Thanks for everyones replies. Aritauraus please keep me posted on your friends attempt to apply.