Citizenship

Arlene

Arlene

New member
Hi, I'm Arlene, a Filipino married to a HK local. I'm torn between giving birth in Manila where my family is based. My sister is also a doctor in the best hospital in Manila and she can catch my baby at the time of birth. In short, I will have the best possible support in Manila.

On the other hand, I'm not sure if I give birth in Manila, will my baby have automatic HK citizenship since his father is?






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Hi, to my understanding, the baby will not get citizenship unless he's born in HK even if the dad is local, which means he cant get access to free education and needs to pay foreigner fee at public hospitals because he will be on a dependent visa to stay in HK if you choose to raise him here. He will have to live in HK for 7 years to get permanent residency.

That's the case with my daughter born overseas. Hope it helps.
 
Ollie_Roast said:
Hi, to my understanding, the baby will not get citizenship unless he's born in HK even if the dad is local, which means he cant get access to free education and needs to pay foreigner fee at public hospitals because he will be on a dependent visa to stay in HK if you choose to raise him here. He will have to live in HK for 7 years to get permanent residency.

That's the case with my daughter born overseas. Hope it helps.
Click to expand...

Being on a dependent visa allows for subsidized costs for any government services. There is no "foreigner fee" if one is a hkid holder or a visa holder.

Although this does not answer that op's question, just wanted to clarify the second post
 
Hi there! Based on my understanding with what i've read before, the baby should be born in hk in order to get the citizenship.
 
Thank you Ollie, Dasani and Cathy for the info. Guess, I'll have to discuss with my husband about this matter.


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Saw this on the HK immigration website:


Supplementary Information

Under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, Cap 115, a person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, is a permanent resident of the HKSAR and can enjoy the right of abode in Hong Kong.

However, for a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, his or her child’s eligibility for the right of abode in Hong Kong depends on whether this child has Chinese nationality at the time of birth.

Article 5 of Chinese Nationality Law states that: “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.”

Under normal circumstances, having permanent resident status in a foreign country (that is, having resided abroad ordinarily and not being subject to any restriction on stay) will be treated as having settled abroad.
 
vmg12 said:
Saw this on the HK immigration website:


Supplementary Information

Under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, Cap 115, a person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, is a permanent resident of the HKSAR and can enjoy the right of abode in Hong Kong.

However, for a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, his or her child’s eligibility for the right of abode in Hong Kong depends on whether this child has Chinese nationality at the time of birth.

Article 5 of Chinese Nationality Law states that: “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.”

Under normal circumstances, having permanent resident status in a foreign country (that is, having resided abroad ordinarily and not being subject to any restriction on stay) will be treated as having settled abroad.
Click to expand...

here's the link: GovHK: Frequently Asked Questions
 
If your husband has Chinese nationality, and has a permanent HKID card, your baby should also have the right of abode despite being born outside HK.
 
Wow Pandy, that's great news for me. Are you sure with this? Coz almost all answers say the opposite.


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yes, it is correct... so long as you and your husband are not "settled" abroad, then your baby will have ROA (there is no such thing as HK citizenship---it is chinese nationality with ROA in hong kong).
 
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