ROA endorsment on non HKSAR passport for New Born

N

nalsab

Registered User
I have applied for Right of Abode verification for my new born baby to endorse in foreign passport. Later, we found in the birth certificate that the the Right of Abode - established by paragraph 2a is for chinese national. But we didn't apply for the HKSAR passport. HK law doesn't allow dual nationality. So, will there be any problem to endorse the "Right of Abode verification" in the foriegn passport? Or Do my child need to declare "Change of Nationality"?

Appreciate if anyone advise on this. There should be mum here had the similar experience.
 
My daughters are Australian citizens born in HK to Australian parents with permanent residency. They both have right of abode stickers in their Australian passports. We are not Chinese.
 
HK allows dual citizenship so not a problem for right of abode. this is only for HK ID card. nothing to do with citzenship. only means you can live in HK.

Cannot legally get a HK passport because HK passport is under China law now (before you can get one) so can only have 1 citizenship.
 
As I know, HK allows dual citizenship for now, but don't know in the future. If your baby is born in HK and both of the parents are not chinese national, she/he can have the ROA (means she/he can have HK citizenship and hold a HK passport) after 7 years, during which she/he has continuosly lived in HK without staying abroad for a long time (it is difficult to explain how long is for "long time", as the immigration dpt makes decisions for every different case). As your baby is born in hk, you can renew her/his visa every 1 or 2 years, depends on the immigration dpt.

if one of the parents is chinese national, the baby can have the hk citizenship right after the birth.

Hope this info could help you.

Have a nice day! :)
 
My daughter has right of abode and it was given at birth because at least one of her parents has a permanent HKID card (i.e. we have spent over 7 years in hk continuously etc etc) there is no need for your baby to do the 7 years and we are NOT chinese nationals.
As Jane01 said above they just put stickers (look like visa but it says holder has right to permanently reside in HK) in your baby's passport.
When I collected the sticker from immigration they give you a leaflet that explains that until your baby reaches 21 they are entitled to permanent residency status and at 21 something changes, from memory(but ti was a while ago) it is that the 'baby' by then an adult, has to fulfill the same criteria to maintain permanent residency as any other adult (i.e. must spend at least 1 day a year in HK- again this may not be exact)

If either of the baby's parents hold a permanent ID card (NO visa required to stay in HK) and the baby was born in HK the baby will have permanent residency, immigration just add a sticker to his/ her passport.
 
Hong Kong does not allow dual citizenship...when I applied for my daughter's HKSAR passport, they ask specifically if she holds another passport if she did you would have to declare one or the other. i know many people who have dual, because at the time they apply for HKSAR passport they do not have other passports (though they may be applying for Canadian passport) The HKSAR passport is quick to process but the Canadian one say is longer, so in fact even after you get the HK one, you are not holding dual... it is only when the Canadian govnt gives you the 2nd passport are you dual passport holder.....

getting permanent residency is not a big deal if either parent is an HKID permanent card holder...
 
This has not been my experience. All my children already had British passports when they applied and were granted HKSAR passports.

I personally think the whole issue is complicated by the fact that the rules don't seem to stay the same from one official to the next. This is especially true when dealing with the mainland Chinese.

There also seems to be a difference between children who are born with a birth right to a second nationality (e.g. by decent) and those who chose to have a second nationality (emigrate to a second country). The law doesn't seem to recognize children who automatically have a second nationality and so the officially who serves you gets to decide.
 
to be clear we have to seperate ROA (permanent residence) and citizenship. Citizenship is only required for voting and passport. ROA or permanent residence is required to live in HK w/o Visa. Seperate issues. Also HK does still allow dual citizenship. It is just the passport control belongs to China so to have a passport you can only have HK citizenship. So basically if dual citizen, you can vote but not get a passport. having a HK passport and another countries passport is technically illegal no matter when you got the second one (unless before 1997). But like i said you don;t have to proove that you don't have another country's citizenship. Only have to say you don't.

I am not sure about the ROA. My son got citizenship because my wife is china national. I think 1 of the parents have to be for citizenship. what does it say on the birth certificate? It gives the child's status on it.

you can also apply for a HKID card for your child. This way you don't need to worry about passport. Not sure if it can be used at Customs though (no picture). i do know can be used as ID at bank.
 
Right of Abode Sticker

Can any one tell me how long it takes to apply for the 'right of abode sticker' for a foreign passport? The guy at immigration tower said 6-8 weeks, and we were hoping to travel much sooner.

We are also confused. Our baby daughter who was born in HK and holds a British passport, we were asked to fill out the form ROP 145, which seams to only apply to Chinese nationals making the application.
 
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