Right of Abode for baby based on Grandparents' Chinese Ethnicity?

[nicolejoy]

From my experience, ROA/HK passport eligibility is based on Chinese ETHNICITY, not Chinese NATIONALITY.

My husband was born in HK but after the handover, the renounced their Chinese nationality. They still have HK permanent ID cards, but the same kind that an expat would get after living here for 7 years. He is not eligible for a HK passport or return home permit etc. When our first daughter was born and he went to get her birth cert, he told them that he didn't want her to have Chinese nationality as no one in the family had Chinese nationality - but he was told that due to her ethnicity (although she's only half Chinese), she HAD to get ROA, even though none of us have it.

I have another friend who is Singaporean Chinese, and even though she is not Chinese national, her daughter also got ROA.

I have heard otherwise - but in my experience, it is ethnicity that is important rather than nationality.

 

[inkmink]

My husband & I are foreign passport holders, holding temp HKID. I am ethnic Chinese, husband isn't. Our daughter is born in HK. Daughter has HKID, HK SAR passport and Home Return Permit based on me being an ethnic Chinese. I have her "entitlement" established while registering her birth cert.

 

[hkexpat2010]

Thanks for so many replies! I feel slightly more encouraged, but I know it always depends on the officer you end up speaking with.

A couple of questions:

Inkmink and Obiwan: What is the "Home Return Permit" and "china return home cert" you mentioned? And where did you get it from? Do you know the immigration officer's name you talked to? Would like to try to get the same one if possible!

What original documents did you have to show from the Grandparents? We'll have my mother in laws original hong kong birth certificate, she's still currently a HK Id card holder, and she'll go to the registration office, too. Do we need more evidence than that?

Is there any officer you suggest we talk to in particular?

Do they ask if or require your child will get Chinese passport? That was the issue that came up when we stopped by the immigration desk before.

Thanks so much everyone!

 

[nicolejoy]

If you can "prove" that they were Chinese with something like permanent 3 star ID card, return home permit, or some form of identity document that lists race (some countries do that on the birth cert), that should be fine.

In my case, my obviously Chinese husband went for my first daughter WITHOUT any of the proper "proof" and the insisted that our daughter MUST have Chinese nationality as he was ethnically Chinese, even though he was not a Chinese national. With our 2nd daughter, I went with exactly the same documents and they told me (I'm white) that our daughter was NOT eligible for nationality. I said "Why does her sister have nationality then? It's exactly the same documents". They gave our 2nd daughter Chinese nationality ONLY based on her sister having it. If I'd gone for the birth cert for our first daughter, chances are that neither of them would have Chinese nationality. It's a bit ridiculous really...

 

[nicolejoy]

Oh and to add - our daughters do not have a HKSAR passport, but instead they have in their Australian passports a sticker which says they are eligible for permanent HKID card (ie, a right of abode sticker really) as they enter and leave on a foreign passport. They do not have a "return home permit" or anything like that either.

 

[Portia]

My children have ROA based on Chinese ethnicity but as I was born overseas, I had to additionally prove that my mother had not permanently settled in Canada at the time when I was born even though she was not a Canadian citizen at the time. It's something to do with the Chinese nationality laws. Luckly for me she had written her address in HK as her permanent address (as opposed to her Canadian residential address) on my birth certificate which was sufficient to prove that she had not taken Canada as her permanent home at the time of my birth.

My children are also eligible for the HKSAR passport but only have the sticker in their Canadian passports currently.

 

[lesliefu]

If you can "prove" that they were Chinese with something like permanent 3 star ID card, return home permit, or some form of identity document that lists race (some countries do that on the birth cert), that should be fine.

In my case, my obviously Chinese husband went for my first daughter WITHOUT any of the proper "proof" and the insisted that our daughter MUST have Chinese nationality as he was ethnically Chinese, even though he was not a Chinese national. With our 2nd daughter, I went with exactly the same documents and they told me (I'm white) that our daughter was NOT eligible for nationality. I said "Why does her sister have nationality then? It's exactly the same documents". They gave our 2nd daughter Chinese nationality ONLY based on her sister having it. If I'd gone for the birth cert for our first daughter, chances are that neither of them would have Chinese nationality. It's a bit ridiculous really...

Must agree here...my WHOLE family have the HKSAR passport, return home permit...I am the only one without either when my sis went, they were lax (before 1997) now...they are tight (after 1997)....my mom had lost my original birth certificate and had to apply for a new one - that took the canadian government 15-18months....but that time it was post 1997! so go figure!

 

[Obiwan]

Hi the 'return home permit' is a card that allows you to go in and out of china, and is only applicable to hksar passport holders.

It doesn't matter which officer you go to, it is clear that as long as long as you can prove Chinese descent, your child born in Hk is eligible to be a passport holder.

In our case, both my husband and I were not able to prove Chinese descent so we just brought a copy of the grandparents 'home return permit' and my husband's birth certificate and they granted us.

For our second child it was even easier cos my id says race: Chinese, and no question was asked.

Both my kids have Hk passports while my husband and I don't. The kids hold 3 passports now.

 

[yuliana]

I'm Indonesian citizen and come to Hongkong with visitor visa. If I deliver baby in Hongkong, will the baby get the permanent resident? Is there anyone know about this? Thanks.

 

[charade]

If you are of Chinese descent then the rules might be different. If not, the answer is no. Even those of us who are residents of HK, have been living here for 5 - 6 but not yet on permanent residency and deliver here - the baby does not get permanent residency. The baby's visa status follows that of the parents in our case.