Chinese Citizenship Query

[Ian_Lee]

Flameproof:

(1) Gweilo is not a racist term. I used this term many times in this forum. Other foreign posters have also used this term. In fact, there are many blogs written by expatriates who label themselves as gweilo. The term carried derogatory meaning when it was formed in the 19th century. But now hardly anybody ttakes it seriously.

(2) Hong Kong is not a country. There is nothing called "Hong Kong nationality".

(3) According to the HK Immigration Dept link that you provided: "The asterisk indicates that the holder is eligible for the issue of a Hong Kong Re-entry Permit - *** for adults aged 18 or above, * for minors aged between 11 and 17." Apparently you have confused "Hong Kong Re-entry Permit" that is issued by the HK Immigration Dept with the "Home Return Card" that is issued by the Public Security Bureau in Mainland.

[KingKitega]

So what is the difference between a "Re-entry Permit" and "Home Return Card"?

I was born in the UK, but have *** on my HKID. I think it's got to do with the two letters proceeding the stars. I have AO (O being overseas IIRC), whilst HK-born people have AZ.

I've been to CTS a few times, but each time, they quickly look at my HKID, then tell me I have to get a HKSAR passport first (meaning I have to give up my British nationality). I think they know I am an overseas chinese and am not a Chinese citizen by the rules.

Just wanna know if there's a way for me to go in and out of the Chinese Mainland without having to get a visa everytime. I intend to study there in September, so the 30-day limit of a multi-entry visa is not going to work for me.

[flameproof]

KingKitega

If you have a *** HK ID card you SHOULD be able to apply for the China home permit. First you need the re-entry permit from the HK government. With that (and maybe with your birth certifacte) it should work for you.

If you are a HK permanent resident you can also apply the 'normal' China visa - and HK permant residents can now get 3 years. The 3 year multible entry visa you can get only in the main visa office in Wanchai, HK. Cost is HK$600 (if it hasn't changed recently)

[skylee]

KingKitega, a "Re-entry Permit" (回港證) is a travel document issued by the HKSAR Government for HK residents to leave/enter HK for travel to China and Macau. If you have a HKID card with 3*, you don't need this permit, because "under the 'Easy Travel Scheme', holders of Hong Kong Identity Cards bearing '***', '*' or 'R' symbol or locally issued Hong Kong Permanent Identity Cards, who are aged 11 or over, can travel to and from the Mainland and Macau SAR through HKSAR without producing HKSAR Re-entry Permits or other travel documents at Hong Kong immigration control points. They are also not required to fill in arrival/departure cards". (Details)

A "Home Return Card" (回鄉證), officially called "港澳居民來往内地通行證" (HK and Macau Residents' Pass to/from the Mainland) is a travel document issued by the Department of Public Security of Guangdong Province to HK and Macau residents for them to enter/leave Mainland China. The eligibility criteria are -

凡具有中国国籍的香港、澳门居民(不管是否持有外国护照和旅行证件)只要未向国籍管理机关申报为外国人，均可申领通行证。可申领通行证的人员具体如下：

1.在香港、澳门出生，具有中国血统的香港、澳门永久性居民；

2.内地居民，经批准赴港澳定居，成为香港、澳门居民者；

3.在中国其他地区出生的香港、澳门永久性居民中的中国公民；

4.在外国出生的香港、澳门永久性居民中的中国公民；

5.香港、澳门永久性居民中的外国籍或者无国籍人士，经批准恢复或者加入中国国籍者。

(source)

As your HKID card has ***AO on it, it means you are eligible for a Hong Kong Re-entry Permit (which you don't need, though), you have the right of abode in HK and you were not born in HK. According to the information in Chinese above, you may be eligible for the "Home Return Card" if you have never reported to any authorities on nationality that you are a foreigner (regardless of whether you hold a foreign passport) and you are a Chinese citizen. As to whether you have Chinese citizenship, you may refer to Article 5 of the Chinese Nationality Law, which says, "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".

This is what I've gathered from those websites.

[KingKitega]

Thanks flameproof and skylee for the input. skylee, I've seen article 5 before but I still dont quite get it.

My situation is this: both my parent are born in HK and moved to the UK in the 70's where I was born. My mum has recently returned to live in HK permanently, and my father will do likewise later this year. Maybe the definition of 'settled' needs to be clear, but I would guess 30-odd years in the UK is pretty 'settled' to me. My parents both have british passports too - probably via naturalisation - so I would have to say that I dont qualify for Chinese citizenship.

As for your other point skylee, you say "if you have never reported to any authorities on nationality that you are a foreigner" then I maybe able to get a home return permit. But not sure how CTS (AFAIK that's the only place in HK I can actually apply for a home return permit) will know whether I had made prior declarations just by looking at my HKID card - or are they just passing the buck?

For the moment, the 3year multi-entry non-time-limited visa that flameproof mentioned would be best if I can get it.

[flameproof]

For the moment, the 3year multi-entry non-time-limited visa that flameproof mentioned would be best if I can get it.

That is if you hold a VALID HK ID card as a permanent resident. Keep in mind that the 'permanent' get's cancelled if you have not entered HK for over 36 month. So if alid.you have not entered HK in the last 3 years better enter HK with your passport and try to get that 3 year visa anyway.

I am not sure if the ID card will be take from you if it's no valid.

[KingKitega]

I should be ok then flameproof. I've always come back to HK every two years at least for a holiday. I'm actually here now and working (since last year) so does that make me a resident?

[flameproof]

Sure! You can try to get the re-entry permit. And with that in hand go to CTS and try your luck.

If that does not work get the 3 year visa from Wanchai. You need an invitation, which can be written by your current HK company. Does not have to come from the China company.

Let me add: The China home permit is defintely more convenient. You get through faster. But saying that, nowadays with a passport you usually don't wait seldom more then 10 minutes. Stay away from the rushhours though....

[Ian_Lee]

Kingketa:

IMO I doubt if you can get a Home Return Card issued by Mainland's Public Security Bureau.

Like what you have encountered, when I asked about the prerequisites for a Home Return Card at CTS for my US-born kids, they told me to produce lots of documents like Birth Certificate, HKID, and either HKSAR or BNO passport.

But you are not eligible for a HKSAR passport. In fact, right after '97, I recalled there was a high profile case that a parent suing Immigration Dept for not issuing a HKSAR passport to his Germany-born son but the plantiff lost the case.

If you have applied and obtained a BNO before the deadline (end of '97 -- now HK British Consulate stopped issuing any more BNO passports to new applicants), then you can bring your permanent resident HKID and BNO passport to CTS and try your luck again.

The cases that I knew about foreign-born kids who have successfully got Home Return Cards all possess BNO passports.

[flameproof]

Interesting reading for (so far) foreign nationals considering HKSAR nationality:

http://www.emigra.com.hk/v2/index.php?option=content&task=view&id=18&Itemid=61

[Ian_Lee]

Actually there are hundreds of thousands "stateless" persons in HK.

Majority of those are the new immigrants who are born in Mainland. They are not eligible for HKSAR passport until after 7 years' stay when they can acquire the permanent residency.

On the other hand, China refuses to issue them passports since they have emigrated to HK.

So during this 7-year awkward period, they are issued a "Document of Identity" for travel by the Immigration Department since they are not eligible to any kinds of passport.

But the problem is that these "stateless" people will face numerous kinds of hassles when they apply for a visa anywhere.

[lungyan]

Thanks for response once again. Guys i'm not saying living in HK is a waste, in fact it's the only way I will be able to live happily. But my point is, my life's a wastin' and I ain't getting any younger. I've got things to do and I need HK citizenship in order to do them before I get too old. I'm in my 20's and I know that's not that old but i'm behid schedule in my life by far. But I need to get past this obstacle before I can continue.

[geraldc]

It would help if you told us what you actually wanted to with HK citizenship. I think we've covered all the alternatives, e.g. working in HK for 7 years or marrying a local.

I still can't think what you need HK citizenship for, you don't want to be a policeman do you?

[mr.stinky]

nah, prolly wants to join the PLA-HK regiment.

[lungyan]

Thanks. You guys are quite mistaken as to my intentions it is nothing of the sort. Let's just say I need it for peace of mind.

[seatown]

I am reading with interest the 3 year China visa mentioned in this thread for HK Residents that costs HKD600. Has anyone else sucessfully applied for this? Is this visa given regardless of passport?

I am a holder of a US Passport and a HK ID Card with AO symbol. I normally pay HKD2400 for a full year multiple entry visa. Will they allow me to apply for 3 year with my HK ID card or will they look at my passport and say I have to apply through my US passport?

[AO2here]

Yup in the same situation.

In fact, the thing that really gripes me is that, my father was born in China, but anyone born before the 60s didn't get a birth certificate and in fact a lot of Chinese who moved overseas round about then were illegal. And due to marriage to my Mum - a Brit, he was naturalized after 20 years. Immigration wants me to produce showing my Dad's link to China. I told them - its listed on my birth certifcate that he is Chinese nationality - what else do they need?

Apparently it wasn't good enough. She quoted me article 5 again and told me that I don't qualify to get the passport and because of that I can't get the home-return card.

Can someone explain to me what the 3 star stands for? I have AON on my HKID card. How is that different from the 3 star AZ? Whats the point then of having the 3 star compared to the normal permanent ID?

Cheers.

[skylee]

Can someone explain to me what the 3 star stands for? I have AON on my HKID card. How is that different from the 3 star AZ? Whats the point then of having the 3 star compared to the normal permanent ID?

Take a look -> http://www.smartid.gov.hk/t_en/faq/index.html#00ac

*** - the holder is of the age of 18 or over and is eligible for a Hong Kong Re-entry Permit.

A - the holder has the right of abode in the HKSAR.

O - the holder's place of birth reported is in other countries.

N - the holder's reported name has been changed since his/ her first registration.

Z - the holder's place of birth reported is Hong Kong.

[AO2here]

Much thanks Skylee.

[flameproof]

AO2here

It's a little complicated. I guess the main problem for the "home permit" is that you hold another foreign passport. And seems that your parents are not from HK, right?

After 7 years you can become a permanent HK resident and apply a HKSAR passport, you can then also apply for a "home permit".

Note: as a non-chinese permanent resident you can apply for a 3 year China visa, or apply for an APEC card which also gives you 3 year entry rights to China.