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Old Mar 15, 12, 12:55 am   #1
 
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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))

Last edited by SevenD2; Mar 15, 12 at 1:17 am. Reason: More infomation
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Old Mar 15, 12, 3:31 am   #2
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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.
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Old Mar 15, 12, 5:12 am   #3
 
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Thanks

I'm staying longer than 90 days though so I'll need to apply for a visa
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Old Mar 15, 12, 7:11 am   #4
 
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Quote:
Originally Posted by SevenD2 View Post
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/immig...orpassport.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.

Last edited by Clipper801; Mar 15, 12 at 7:33 am.
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Old Mar 15, 12, 11:29 am   #5
 
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Quote:
Originally Posted by Clipper801 View Post
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/immig...orpassport.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).
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Old Mar 15, 12, 12:35 pm   #6
 
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Quote:
Originally Posted by SKRan View Post
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.

Last edited by Clipper801; Mar 15, 12 at 1:06 pm.
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Old Mar 16, 12, 7:40 am   #7
 
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Quote:
Originally Posted by Clipper801 View Post
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.
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Old Mar 16, 12, 10:52 am   #8
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Originally Posted by dtsm View Post
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.
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Old Mar 16, 12, 2:10 pm   #9
 
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Quote:
Originally Posted by dtsm View Post
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.
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Old Mar 16, 12, 2:13 pm   #10
 
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Originally Posted by dtsm View Post
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.
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Old Mar 16, 12, 4:39 pm   #11
 
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Originally Posted by rkkwan View Post
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.
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Old Mar 18, 12, 12:12 pm   #12
 
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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.
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Old Mar 18, 12, 3:33 pm   #13
 
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Quote:
Originally Posted by dtsm View Post
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.
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Old Mar 18, 12, 3:35 pm   #14
 
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Originally Posted by HkCaGu View Post
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.
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Old Mar 18, 12, 8:22 pm   #15
 
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Quote:
Originally Posted by Clipper801 View Post
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
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