Hong Kong and Macau - Dual Nationality?

Hi

Having a problem about my nationality.
Currently applying for a Visa into America and it's asking if I have dual nationalities.
I was born in the UK both parents from HK I have a British Passport and a "youth" HKID (haven't gotten an adult one yet).

So does having the HKID mean I have dual nationalities?
Which Nationality would it be if I did have dual nationality? (Chinese, HK SAR, or HK BNO(British National Oversea))

HKID card is proof of residency, not nationality. If have never applied for or gotten a HKSAR passport, and you only have a 'real' UK one, then you are simply a citizen of the UK.

You should be eligible for visa waiver to visit the US, unless there's age restriction.

Thanks

I'm staying longer than 90 days though so I'll need to apply for a visa

So does having the HKID mean I have dual nationalities?
Which Nationality would it be if I did have dual nationality? (Chinese, HK SAR, or HK BNO(British National Oversea))


What nationality did you declare when you applied for your HKID card?

The HKID card generally confirms your residence status in HK, it is neither a proof of your nationality nor a travel document (for other than to Macau).

What nationality is stated in your passport? If you were born in UK, it should state that you are a "British Citizen".

What nationality is your parents? Are you entitled to some other nationality through your parents or grandparents and did they go through the formal process to register your entitlement to that nationality? For example, someone born in Hong Kong to Canadian parents may be entitled to Canadian nationality.

You may be eligible to apply for a HKSAR passport. Read eligibility critiera at this link:

http://www.gov.hk/en/residents/immigration/traveldoc/hksarpassport/eligibilityforpassport.htm

However, you should fully consider the pros and cons for having a HKSAR passport before applying as it may jeopardize your entitlement to UK consular assistance and protection in some situations.

If you have a HKSAR passport, you have dual Chinese and British citizenship.

If you do not have a HKSAR passport but you declared yourself to be of Chinese nationality when you applied for your HKID card, this is more complicated and you should seek legal advice.

If you were born in the UK and the UK passport is the only travel document that you have, and as far as you know, you were not formally registered or naturalised for any other nationality, you are a British Citizen only as far as I can see.

What nationality did you declare when you applied for your HKID card?

The HKID card generally confirms your residence status in HK, it is neither a proof of your nationality nor a travel document (for other than to Macau).

What nationality is stated in your passport? If you were born in UK, it should state that you are a "British Citizen".

What nationality is your parents? Are you entitled to some other nationality through your parents or grandparents and did they go through the formal process to register your entitlement to that nationality? For example, someone born in Hong Kong to Canadian parents may be entitled to Canadian nationality.

You may be eligible to apply for a HKSAR passport. Read eligibility critiera at this link:

http://www.gov.hk/en/residents/immigration/traveldoc/hksarpassport/eligibilityforpassport.htm

However, you should fully consider the pros and cons for having a HKSAR passport before applying as it may jeopardize your entitlement to UK consular assistance and protection in some situations.

If you have a HKSAR passport, you have dual Chinese and British citizenship.

If you do not have a HKSAR passport but you declared yourself to be of Chinese nationality when you applied for your HKID card, this is more complicated and you should seek legal advice.

If you were born in the UK and the UK passport is the only travel document that you have, and as far as you know, you were not formally registered or naturalised for any other nationality, you are a British Citizen only as far as I can see.

There is no dual citizenship in China (including the SARs).

If you British passport says British Citizen, then you don't have Chinese citizenship. And if that's the case, you don't need a visa for USA. Apply for ETA instead.

If your British passport says British National (overseas), you might have Chinese citizenship (but if you're born in the UK, I doubt that's the case).

There is no dual citizenship in China (including the SARs).

If you British passport says British Citizen, then you don't have Chinese citizenship. And if that's the case, you don't need a visa for USA. Apply for ETA instead.

If your British passport says British National (overseas), you might have Chinese citizenship (but if you're born in the UK, I doubt that's the case).

A HKSAR passport holder may hold a foreign passport although the holder may not be entitled to consular assistance and protection of that foreign country whilst in Hong Kong. Holder of HKSAR passport is a Chinese citizen (of the HKSAR).

OP will unlikely be entitled to a "true" Chinese passport but whether OP is entitled to a HKSAR passport is another matter.

If you have a HKSAR passport, you have dual Chinese and British citizenship.


It is my understanding that a HKSAR passport means you are a citizen of the HK SARS and not 'China'. You have no rights of a Chinese citizenship, you cannot travel in/out of China with just a HKID and HKSARS passport [you need a Hui Xiang Zheng, 回乡证], you cannot own property in China, you cannot vote in China.

It is my understanding that a HKSAR passport means you are a citizen of the HK SARS and not 'China'. You have no rights of a Chinese citizenship, you cannot travel in/out of China with just a HKID and HKSARS passport [you need a Hui Xiang Zheng, 回乡证], you cannot own property in China, you cannot vote in China.

You are correct about travel requirements, and I have no idea about buying property. BUT, Hong Kong SAR is part of China, and having a HKSAR passport does mean one is a Chinese citizen.

It is my understanding that a HKSAR passport means you are a citizen of the HK SARS and not 'China'. You have no rights of a Chinese citizenship, you cannot travel in/out of China with just a HKID and HKSARS passport [you need a Hui Xiang Zheng, 回乡证], you cannot own property in China, you cannot vote in China.

None of these rights derive solely from Chinese citizenship. In China, most every right is derived from residency/huji/hukou. The qualification to the HKSAR passport is a Chinese citizen with right of abode (ROA) in HK. Having HK ROA without Chinese citizenship entitles you to virtually the same rights in HK, but not in Mainland China.

You have no rights of a Chinese citizenship, you cannot travel in/out of China with just a HKID and HKSARS passport [you need a Hui Xiang Zheng, 回乡证], you cannot own property in China, you cannot vote in China.

If you qualify, HK government cannot deny you the SAR passport. However, the Chinese government can deny you the Huixiangzheng if they don't want you to be able to enter the mainland. The right to travel within/into/out of the country is not part of Chinese citizenship.

You are correct about travel requirements, and I have no idea about buying property. BUT, Hong Kong SAR is part of China, and having a HKSAR passport does mean one is a Chinese citizen.


I did not mean to imply that HK SAR is not part of China. HK is part of China but the SARS has a special particular meaning: "Special Administrative Regions". The only other SARS counterpart is Macau.

I think it's widely acknowledged that HK SARS citizens are NOT Chinese citizens. I was merely using travel, property, voting as several examples of rights that any citizen of any country would normally enjoy.

Unfortunate but it was part of the 'concessions' made during the British return to China back in 1997.

When it comes to the issue of immigration and travel, Hong Kong and China are not the same. Different passports, and vastly different visa requirements.

I think it's widely acknowledged that HK SARS citizens are NOT Chinese citizens.

This statement is incorrect.

The Nationality stated on the HKSAR passport is "Chinese".

However, this passport is not valid for travel to mainland China. One must apply for a Return Home Permit.

At other parts of the world, the holder is entitled to full Chinese consular assistance and protection.

If you qualify, HK government cannot deny you the SAR passport.

I believe that issuance of a passport is at the pleasure of the issuing authority and the passport remains the property of the issuing government. That's the case for most countries.

This statement is incorrect.
The Nationality stated on the HKSAR passport is "Chinese".
However, this passport is not valid for travel to mainland China. One must apply for a Return Home Permit.
At other parts of the world, the holder is entitled to full Chinese consular assistance and protection.

Not to beat a horse to death but am curious re the following:

1. once you enter china with return home permit, can you stay as long as you wish without having to leave China or apply for any other visa?
2. can you own property or apply to start a business, like other citizens that actually reside in China?
3. does China permit dual citizenship? I always thought the answer was no?
4. i won't ask about the voting part :D

1. once you enter china with return home permit, can you stay as long as you wish without having to leave China or apply for any other visa?

The HRP is a card. China won't even let you use a HKSAR passport for what it considers "domestic" travel, so it doesn't grant "visa". There is no limit to your length of stay, but let's say if you participate in a protest (like many disgruntled property owners had done), they can remove you at any time. In real practice, HK residents are treated better than rural villagers in terms of being able to remain/stay in cities.

2. can you own property or apply to start a business, like other citizens that actually reside in China?

Being a Mainland Chinese citizen alone doesn't give you the right to own property/business anywhere in the country. HK residency is simply a Chinese residency outside the registration/huji/hukou system with a different document (HK passport/ID instead of China passport/ID). There may be cases where you're more favored, and there may be cases where you're not.

3. does China permit dual citizenship? I always thought the answer was no?

A Mainlander upon voluntary acquisition of a foreign nationality automatically loses Chinese nationality. Continuing to use an unexpired Chinese passport is illegal. A HK Chinese national, however, remains Chinese unless he goes to fill out papers in Wan Chai to relinquish Chinese nationality (with proofs that you have some other nationality), and his foreign nationality (and associated rights) is not recognized in Mainland/HK/Macau as long as you remain a Chinese national.

and his foreign nationality (and associated rights) is not recognized in Mainland/HK/Macau as long as you remain a Chinese national.

There are a few exceptions depending on the consular agreement between that foreign country and China.

Canada is one of those exceptions. If a Canadian enters China (not HKSAR) on a Canadian passport, that person is entitled to, at least on paper in accordance with the consular agreement between China and Canada, full Canadian consular protection and assistance regardless of the person’s place of birth or national origin. A Canadian who chooses to enter China with a Return Home Permit voluntarily forfeits that right to Canadian consular protection and assistance whilst in China. It’s a personal choice and there is no right or wrong answer. Obviously, entering China with a RHP has far fewer conditions of stay than entering with a foreign passport and China visa.

I have heard hearsay that once you apply for a HKSAR passport, you will not be able to apply for a visa on your foreign passports. I do not have official confirmation to that effect. I do not have a HKSAR passport, so I don't know.

Similarly, anyone with a foreign passport but enters HKSAR with their permanent HKID card forfeits the right to consular protection and assistance of that foreign country whilst in HKSAR.

3. does China permit dual citizenship? I always thought the answer was no?


Holders of HKSAR passports (not mainland China passports) may, in addition to BN(O) passports, hold other foreign passports which in effect, allowing multiple nationalities.

I always consider HKSAR passports to be a subset of the Chinese nationality similar to BN(O) being a special subset of the British nationality.

Thank you both [Clipper and HK]

Being a Mainland Chinese citizen alone doesn't give you the right to own property/business anywhere in the country. HK residency is simply a Chinese residency outside the registration/huji/hukou system with a different document (HK passport/ID instead of China passport/ID). There may be cases where you're more favored, and there may be cases where you're not.

Exactly. Plenty of HKers have bought properties in China one-way or another, and many of them actually live there for good, as properties are still significantly less expensive. Every morning, plenty of schoolkids commute from Shenzhen to their schools in Hong Kong.

1. once you enter china with return home permit, can you stay as long as you wish without having to leave China or apply for any other visa?

In theory - no restriction. In practice - until the validity of your document expires.

2. can you own property or apply to start a business, like other citizens that actually reside in China?

Ultimately yes (through a lengthy process).

3. does China permit dual citizenship? I always thought the answer was no?

If you are from Mainland, then sorry - no. But if you are from Hong Kong or Macau, yes - simply China will not recognize it when you are within Chinese territories and you get no consular protection.

4. i won't ask about the voting part :D

Yes - but it is complicated.

.....
- simply China will not recognize it when you are within Chinese territories and you get no consular protection.
.....

Not always true.

This is a function of the specific consular agreement between the foreign country and China.

Not always true.

This is a function of the specific consular agreement between the foreign country and China.

I think an issue came up with regards to the BN(O) status being recognized in China, but normal British citizenship should be enough.

I think an issue came up with regards to the BN(O) status being recognized in China, but normal British citizenship should be enough.


EXCEPTION: British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China. That particular group of British Citizens are excluded from British consular protection and assistance whilst in HKSAR and China. In all other cases, entry using the UK passport is necessary.

EXCEPTION: British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China. That particular group of British Citizens are excluded from British consular protection and assistance whilst in HKSAR and China. In all other cases, entry using the UK passport is necessary.

So is it not possible to enter China using a British passport (British citizen) if your birth place says "Hong Kong"? And when you say "excluded from British consular protection", this implies that the UK agrees that these citizens are actually not citizens (or at least not treated like one) while in China.

A confusing issue all around - just like how it always has been.

So is it not possible to enter China using a British passport (British citizen) if your birth place says "Hong Kong"? And when you say "excluded from British consular protection", this implies that the UK agrees that these citizens are actually not citizens (or at least not treated like one) while in China.

A confusing issue all around - just like how it always has been.

1. It is possible to use BC Passport to enter China, providing you have a visa.

2. If the person is also eligible for a HRP, he or she won't be eligible for consular protection.

So is it not possible to enter China using a British passport (British citizen) if your birth place says "Hong Kong"? And when you say "excluded from British consular protection", this implies that the UK agrees that these citizens are actually not citizens (or at least not treated like one) while in China.

A confusing issue all around - just like how it always has been.

The place of birth is irrelevant. It's how your "British Citizen" status was acquired.

British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China.

If you did not acquire the British Citizenship through the "British Nationality Selection Scheme" and entered HKSAR or China with your British passport, you should be entitled to full British consular protection and assistance.

The key is whether you're a Chinese national in HK and obtained your British Citizen status through the "British Nationality Selection Scheme". If you fall into this category, notwithstanding that your UK passport nationality is British Citizen and you enter HKSAR and China with the UK passport, you are not entitled to UK consular protection and assistance whilst in HKSAR and China.

All categories of UK passports are valid for travel to China. Whether the China authority will grant a visa for the particular type of UK passport is an entirely different question. It also begs the question of how the Chinese authority would know how one acquired the "British Citizen" status, whether it was through the "British Nationality Selection Scheme" or not unless the Brits have told them, or those passports have special easily idenitifiable prefix or suffix.

2. If the person is also eligible for a HRP, he or she won't be eligible for consular protection.

This statement is not always true.

In case of British Citizen, only applicable to those Chinese Nationals who acquired British Citizenship in HK through the “British Nationality Selection Scheme”.

For other countries, it depends on the specific consular agreement between the individual country and China.

In all cases except for the special category of British Citizen stated above, the pre-requisite is to enter China with the foreign passport, not HRP.

It also begs the question of how the Chinese authority would know how one acquired the "British Citizen" status, whether it was through the "British Nationality Selection Scheme" or not unless the Brits have told them, or those passports have special easily idenitifiable prefix or suffix.

In practice, these British Citizen passports are indistinguishable from other British Citizen passports. Indeed the Hong Kong Immigration Department publicly admitted this shortly after the 1997 handover when they appealed to holders of such passports not to use them, but publicly admitted they couldn't identify them.

I also know people who acquired their passports through the British Nationality Selection Scheme who have used these passports to travel to China.

In practice, these British Citizen passports are indistinguishable from other British Citizen passports. Indeed the Hong Kong Immigration Department publicly admitted this shortly after the 1997 handover when they appealed to holders of such passports not to use them, but publicly admitted they couldn't identify them.

I also know people who acquired their passports through the British Nationality Selection Scheme who have used these passports to travel to China.

So the practical difference has nothing to do with travel/entry/exit. It only matters if you get into legal situations such as getting arrested. If the Chinese government investigates and finds out you're part of the scheme then you're not entitled to UK consular assistance. Am I right?

This statement is not always true.

In case of British Citizen, only applicable to those Chinese Nationals who acquired British Citizenship in HK through the “British Nationality Selection Scheme”.

For other countries, it depends on the specific consular agreement between the individual country and China.

In all cases except for the special category of British Citizen stated above, the pre-requisite is to enter China with the foreign passport, not HRP.

Read my post carefully again:

1. It is possible to use BC Passport to enter China, providing you have a visa.

2. If the person is also eligible for a HRP, he or she won't be eligible for consular protection.

It has nothing to do with BNSS. If you are eligible for a HRP, you are in fact a Chinese citizen (even you may be a BC through various sources).

The pre-requisite for BC is to get a visa.

So the practical difference has nothing to do with travel/entry/exit. It only matters if you get into legal situations such as getting arrested. If the Chinese government investigates and finds out you're part of the scheme then you're not entitled to UK consular assistance. Am I right?

Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.

Read my post carefully again:
...
Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.

The two easiest proofs are possession (not necessary in person) of HPR or HK-SAR passport.

It has nothing to do with BNSS. If you are eligible for a HRP, you are in fact a Chinese citizen (even you may be a BC through various sources).

The pre-requisite for BC is to get a visa.

Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.

The topic of discussion is whether a person of Chinese origin, entering China with a non-Chinese (foreign) passport is entitled to consular services from the issuing country of the non-Chinese (foreign) passport whilst in HKSAR and China.

The answer is that it depends on the specific consular agreement between the foreign country and China.

As an example, this notice is posted at the Canadian Foreign Affairs and International Trade's web site (http://www.voyage.gc.ca/countries_pays/report_rapport-eng.asp?id=55000):

"Dual citizenship is not legally recognized, which may limit the ability of Canadian officials to provide consular services. You should travel using your Canadian passport and present yourself as Canadian to foreign authorities at all times. Consult our publication entitled Dual Citizenship: What You Need to Know for more information.

Canadian citizens using non-Canadian travel documents to enter mainland China have been and will be denied access to Canadian consular services by Chinese authorities."

The message is quite clear.

For British Citizen, my understanding is that those Chinese national who acquired the British Citizen status through the British Nationality Selection Scheme will not be entitled to UK consular protection and assistance whilst in HKSAR and China, even if they enter HKSAR and China with their UK passports.

A very muddy issue all around, but from the looks of it, China doesn't care about your "other" nationality... and besides, UK consular protection is known to be crummy anyways!

A very muddy issue all around, but from the looks of it, China doesn't care about your "other" nationality... and besides, UK consular protection is known to be crummy anyways!

+1

I personally rely on the “consular protection and assistance” as an emergency back up in addition to travel insurance in case of a serious accident, sudden illness, emergency evacuation necessitated by natural disaster, unanticipated civil disturbance, SARS or the like. In those cases, China will likely co-operate with the foreign consular officials to facilitate assistance. Anything else, don’t expect too much especially if you’re involved in a commercial dispute with a local or criminally charged.

In order to “ensure entitlement” to such consular services, one needs to incur the cost to obtain a China visa to enter the country with one’s foreign passport.

I personally rely on the “consular protection and assistance” as an emergency back up in addition to travel insurance in case of a serious accident, sudden illness, emergency evacuation necessitated by natural disaster, unanticipated civil disturbance, SARS or the like. In those cases, China will likely co-operate with the foreign consular officials to facilitate assistance. Anything else, don’t expect too much especially if you’re involved in a commercial dispute with a local or criminally charged.

In order to “ensure entitlement” to such consular services, one needs to incur the cost to obtain a China visa to enter the country with one’s foreign passport.

Personally, I trust the HKSAR government through many of the cases I've witnessed with regards to emergency evacuation and the such. The HKSAR passport is truly a great deal and a "hidden gem" for many of those who continue to use BN(O) passports.