[petrm]

Our newborn has ROA. Us, parents, do not have ROA.

Someone has recently told us that if our child has ROA, we can also apply for ROA and should be able to get it.

Unfortunately, the HK Immigration website doesn't seem to have that kind of information.

Thanks!

[nivantj]

And how did he/she get ROA if none the parent has ROA ???

Following from ImmD Website

A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his birth or at any later time before he attains 21 years of age, one of his parents has the ROA in Hong Kong

[nivantj]

Petrm,
Your story sounds different in the other thread..
Neway, for all foreign passport holders there is no other way to get ROA except stayin here for 7 yrs..

[petrm]

My wife was formerly a Chinese (PRC) citizen, born in China. Now she is a citizen of a world superpower.

Both, my wife and I are only residents, but our newborn is Chinese citizen with ROA in HK. He got his ROA because my wife is Chinese-born.

So my question is whether we, as parents can get ROA because of our son.

[seawolf]

Your message is a bit confusing.
What's your nationality?
I take it your wife is a dual citizen of China and USA.
Where was your child born?

When you wrote that your child has ROA, did HK Immigration verify it or are you merely assuming your child does have ROA?

[petrm]

My nationality is US.
Wife Australia, but formerly China. China does not recognize dual nationality.
Child born in HK and his PR is "established", which means he has right to be "Chinese citizen" with ROA.

This is what's strange with HK and China. Seems like HK has to follow the rules of Beijing, so nowadays, HK recognizes only 1 nationality (does not allow it's citizens hold more than 1 passport).

We would like our son decide for himself about his citizenship, but HK immigration forces us to choose for him. This is not done in civilized countries. Elsewhere, a child either chooses his citizenship at age 18 or keeps all citizenships of his parents.

I think we will just renounce his Chinese citizenship (get him US passport) and will be happy that he has HK PR.

[seawolf]

From what I gathered from the HK Immigration website, the parents can't get ROA just because the child has ROA.

As for your child's citizenship, how is HK Immigration forcing you to choose the child's nationality? I don't see how they can do that short of holding Chinese citiznehsip without you to producing some letter from the US and/or Australian consulate reouncing your child's nationality.

There are countless numbers of dual nationals holding both HKSAR and other passports and HK Immigration knows that.

[petrm]

Originally Posted by seawolf

There are countless numbers of dual nationals holding both HKSAR and other passports and HK Immigration knows that.

I believe that those are the people prior to 1997. After 1997, dual nationality is not permitted.

Correct me if I am wrong.

(I must say that the HK Immigration website does not provide enough information and the information office at the Immigration Tower provides conflicting information.)

[seawolf]

I still don't see how they can force you to choose your child's nationality short of requiring you to produce evidence that you renouced your child's other nationalities. If they don't require that, then can't you just say your child is Chinese and get the HKSAR passport? Once you do that, there's really nothing preventing your child from obtaining a US passport. Not sure about Australia.

[lybenben]

Now
1) As for you (not your child)- need to live in HK for 7 yrs to get PR status
2) Don't know how your child can be a PR , since both his/her parents are not PR in HK (see Art 24(2)(v) of the HKSAR Basic Law)
The Immigration Dept must have made a mistake by considering the child as a Chinese citizen (unless, possibly, if one of his/her parents is of Chinese ethnicity- you should consult the immigration dept about this).

3) Anyway, the status of the child does not by itself change your status in HK

4) China does NOT recognise dual nationality- meaning if the Child is considered a Chinese citizen (which seems to be the case here)- even if the child holds any other foreign passports- he would only be considered a Chinese citizen in HK, and not be entitled to foreign consular protection while in HK or anywhere else in China.
This does not mean, however, that the child cannot gain foreign passports (this of course depends whether he/she is entitled to one). Nonetheless, the foreign passport would be recognised, for a Chinese citizen, as merely a travel document and not a natinality document. THis means the NATIONALITY stated in the foreign passport would not be recognised, and thus cannot have consular protection from foreign countries while in CHina.