Q&A
If I have emigrated overseas and I am an overseas resident (e.g. become a US resident, holder of US green card but have not yet naturalized as a US citizen), can my child born in a foreign country (e.g. US or Canada) enjoy the right of abode in the HKSAR?
If a child has acquired a foreign nationality at birth to parents of Chinese nationality who have settled overseas (e.g. in the USA) at the time of the child’s birth, regardless of whether or not the parents have acquired the foreign nationality, the child does not have Chinese nationality in accordance with Article 5 of the Nationality Law of the People’s Republic of China. As the child is not a Chinese citizen, he or she is not eligible for Hong Kong permanent resident status.
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 ordinarily resided 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 limit of stay) will be treated as having settled abroad.
According to paragraph 2(a) to (f) of Schedule 1 to the Immigration Ordinance, which came into operation on 1 July 1997, you are a permanent resident of, and can enjoy the right of abode in, the HKSAR if you fall into one of the following categories:
A) A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR.
B) A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than 7 years before or after the establishment of the HKSAR.
C) 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 falling within category (a) or (b).
D) A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his or her place of permanent residence before or after the establishment of the HKSAR.
E) 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 or her birth, or at any later time before he or she attains 21 years of age, one parent has the right of abode in Hong Kong.
F) A person other than those residents in categories (a) to (e), who, before the establishment of the HKSAR, had the right of abode in Hong Kong only.
The All-round-services provided by our company are including, resident service, education counselling, investment counselling, Cross Boundary (China/HK) vehicle licence, individual or group visit, medical services, etc and 24 hours emergency services.
Non-permanent HK resident may apply the HKSAR Document of Identity for Visa Purposes (Doc/I) for travelling purpose. The Doc/I is valid for 7 years. You may also continue to use your current travelling document.
You only provide the required document to the Immigration Department as directed.
Yes. Our company may send you a copy of whole set of application document to the main applicant upon request
Difference is Non-permanent Identity Card holder has no right of vote and is unable to take part in election (i.e. Legislative Council and District Council elections).
Yes, all dependants do not require prior permission from the Director of Immigration to study in the HKSAR.
Yes, Dependants of the persons who have been admitted for employment (as professionals, for investment to establish/join in business or for training) are not prohibited from taking up employment in the HKSAR.
Before you become a Hong Kong permanent resident, you are unable to apply your parents to HK for residency. However, you may apply your spouse and unmarried dependent children under the age of 18 in your application. Once you become HK permanent resident, you may apply your parents aged 60 years or above.
In accordance with the general policy of the Immigration Department, you may not able to get permanent identity card if you could not reach the requirement of residency in 7 years. Surely, it is subjected to the discretion of the Director of the Immigration. However, the identity card will not be cancelled. You may apply for extension in accordance with the requirement of the Immigration Department.
It requires to reside in HK for 7 years. The counting rule of residency in HK is as follows:
Applicant is required to stay in HK for at least 4 months in each year accumulatively;
Dependent (spouse or children) is required to stay in HK for at least 6 months in each year accumulatively.
It requires to reside in HK for 7 years. The counting rule of residency in HK is as follows:
Applicant is required to stay in HK for at least 4 months in each year accumulatively;
Dependent (spouse or children) is required to stay in HK for at least 6 months in each year accumulatively
Having initial assessment of your information and document, our company will sign an entrustment agreement with the applicant. Upon the agreement is signed, applicant is required to pay the deposit. Around 6 months later, the Immigration Department will send a notification letter for collection of HK Identity Card. Within 3 working days after the notification issued, applicant is required to pay the outstanding consultant fee. Then our staff will accompany applicant to the designated office of the Immigration Department for collection of the HK Identity Card.
All document of customers will be handled in extremely confidential manner. It will surely be complied with the regulations and directives of the Privacy Commissioner for Personal Data, Hong Kong.
Yes, you are welcome to meet us at our head office in Hong Kong. Surely our company may send professional officers to your designated location for meeting. Besides, our company has overseas sub-offices around the world. We may arrange a meeting with you in any country.
It takes about six to eight months for the application.
The required document is only some basic personal information, academic qualification, company licence, taxation, account, etc., document. We will give you a checklist for document submission before the assessment.
Our company handles every application with professional and rich experience in accordance with the current policy and laws of HK Immigration Department . We guarantee “No success, No charge”.
Hong Kong Government adopts loose and attractive policies in handling immigration applications. They provide seven different kinds of Immigration schemes for application. However, there are not so many professional companies providing relevant services
