GTL4F

Hi everyone. I have been reading a lot of old threads that are related to my question but I still wanted to post on here as my situation is a little different.

A little background on myself: I was born in Hong Kong, immigrated to the United States when I was 7. I was naturalized as a US Citizen a while back. I currently possess: HKID, Home Return Permit, US Passport.

My husband (he was born in the US, holds a US Passport) and I are going to Hong Kong this coming summer. We want to make a side trip to Beijing while we are there. From what I understand, I can enter/exit Hong Kong with my US Passport and use my HRP to enter/exit Beijing. This will save time and money on my part as I would not need to apply for a China Visa on my US Passport. My husband and I have discussed it and we would rather that I travel on my US Passport to Beijing just in case something happens and I would have US Consular protection.

I have never applied for a China Visa as the previous times I have traveled to China, I have used my HRP. I understand that when I apply for my China Visa, they will want my expired BNO, birth certificate, Certificate of Naturalization, which I all have. From what I understand, the US allows dual citizenship but China doesn't. I have been reading a lot about whether Hong Kong allows it or not and I am not 100% sure. Am I even a HK or Chinese Citizen? Or am I just a HK permanent resident? My biggest concern is that when I go and apply for my China Visa, they will decline me because I have a HKID and HRP. I will bring my HKID and HRP with me when I apply for the China Visa but not voluntarily show it to them unless they ask for them.

Has anyone had experience with this or can provide insight? Like I said above, I understand that I can just go to Beijing with my HRP and get a China Visa for my husband but that is not what we want to do.

Thank you in advance.

christep

If you are a Chinese Citizen (as you are, because you hold a Home Return Permit) then the Chinese government does not recognise any other citizenships that you may claim to hold, and does not recognise the right of any foreign country to give you any protection.

If you don't want to be Chinese then renounce it, it's as simple as that. Until you do then when you're there you're at the mercy of your government.

laspvg

I have US passport, HKID and HRP. I also have the visa also. I will use visa when I fly into China and use the RHP when taking the train from Hong Kong. I don't think you need to provide any kind of document to get a visa. You just need your US passport, photos, application form, prove of travel itinerary, and the fee. When in doubt, use a travel agency to submit your visa applications, this will save you some time.

Clipper801

Yes, you are a Chinese national of the Hong Kong Special Administrative Region of the PRC, by default when H.K. reverted to China from U.K. in 1997. AFAIK the HRP is issued only to Chinese national of the HKSAR (and Macao too?). My guess is that you have the right of abode in H.K.

If the visa application form asks whether you hold any other nationalities, honesty is always the best answer.

What nationality did you declare on the HKID? Chinese or American or British (BNO)?

You don't lose your BNO status simply because your BNO passport has expired in much the same way that you do not lose your American citizenship simply because your passport has expired. You will lose it if you officially renounce it.

:D!

It's certainly possible to get a China visa in a US passport whilst also being a Chinese citizen with a HRP, because those issuing the visa don't always do thorough checks. However, what is the point? It is a complete waste of money to get a visa.

As christep says, many people misguidedly think that they will have US consular protection if they enter on a US passport despite being a Chinese citizen.

Such people should consider:
1) if they never end up requiring any consular protection (99.999% of people), then it never mattered which document they used

2) if they end up in a situation where consular protection might be useful, then the PRC is going to find out about the multiple citizenships whether because the HRP would be in their possession, or the Hong Kong birthplace** prompts further investigation

3) if they are a US citizen, they don't stop being a US citizen by entering on an HRP. The US will still offer consular protection and the PRC will still not be obliged to allow consular access. But if there is enough pressure from the right sources, the PRC may relent anyway. Entering on a US passport or the HRP will make no difference to whether the PRC relents


**There is a significant number of people who managed to obtain HRPs in error prior to 2008. Such people are generally of Chinese race but were not born in Hong Kong, however most have lived there for 7 years or more and became permanent residents. If not born in HK, then even though the PRC applies its nationality law retrospectively, such people may not be Chinese citizens, but were automatically regarded as such in error. Those people are being refused renewal of their HKSAR passports as they come up to expiring.

Obviously, such people should probably enter on a visa in their foreign passport, because they were never eligible for an HRP in the first place. However, those whom I know view the HRP as a money-saving measure, are not concerned about consular protection, and are hoping that their HRPs will continue to be renewed in error (which is hit and miss so far)

laspvg

I am tend to agree that I don't need a visa in most of the cases. I have it because my departing city is Las Vegas and I doubt the check-in attendants know HRP is a valid document for entry.

Clipper801

Generally true but it also depends on specific consular agreement between countries.

The Canadian government posted the following message on its web site:

"Travel using your Canadian passport and present yourself as Canadian to foreign authorities at all times. 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."

(Source: http://travel.gc.ca/destinations/china)

I suppose that you never buy travel insurance when you travel.

rkkwan

Lots of good points by in Post #5. Getting a HRP is getting a form of Chinese citizenship. It's not just a travel document. That's one of the reason that when some of my relatives got their HRP despite NEVER having a HKSAR or Chinese passport a few years ago (as mentioned), they asked why I don't do the same. But I want to be just a US Citizen, and nothing more.

tsz

I have a similar story to you—excepted I moved when I was 15 (instead of 7). When you become naturalized as a US citizen, you get to keep your Hong Kong citizenship. Case in point, I have both a a US and a HK passport. When I went to Beijing this summer, I went through the "Chinese Citizens" line at the airport and the only document I had to show was my HRP.

percysmith

Not born in HK or the PRC is not necessarily a PRC nationality killer, but acquiring another nationality at birth is. That's what's happened to my niece and nephew (repeatedly denied HKID and HRP).

percysmith

There are no multiple forms of Chinese citizenship - not like you can be British Citizen, BNO, BOC or BDTC. You are or you aren't.

The prerequisite of HRP is that you have PRC nationality and HK residency, and having a HRP is generally proof of that, unless as mentioned above you are a recipient of a pre-2008 HRP issued in error.

percysmith

No use. Although non-HK resident Chinese nationals will lose their Chinese nationality on acquiring a foreign nationality (Article 9 of Nationality Law), HK residents have been exempted from the literal operation of Article 9 by virtue of the 15 May 1996 interpretation of the Standing Committee http://en.wikipedia.org/wiki/Nationa...hina#Hong_Kong

Therefore, foreign naturalisation doesn't kill your Chinese nationality. HK residents had 18 months after the handover to renounce Chinese nationality at the Immigration Department in HK, thereafter they have to renounce it in accordance with Article 10 of the law (acquring foreign relatives, settling abroad; then applying to have it renounced).

Unless you manage to do that you remain a Chinese national.

I've entered PRC on my Australian passport once, when I needed to make a quick visit to PRC after I lost my HRP on a recent previous visit. Although I was confident I would be admitted (I was), I knew if I got into trouble, Australian consular protection does not apply. I only expect this to be an issue if I am arreested and the authorities try and look for a reason to detain me. I think same applies to OP.

rkkwan

OK, but China won't let plenty of these people into mainland. To me that's different "classes" of citizenship.

Clipper801

Unfortunately, consular agreements between countries are not "one size fits all". It varies between countries. As I have said in my earlier post, it depends.

In your specific case as Australian with dual nationality, i.e., Australian and Chinese, it may be true.

Trying to assert that because it is true for Australian and the rest of world must be the same as Australian because Australian knows it all and is the best is simply ignorant, if not arrogant.

percysmith

Actually I not read the Australian-Chinese consular agreement in detail. I know one exists http://www.abc.net.au/news/2010-11-2...dinchina/41544 .

The reason I never bothered to study it is PRC does not recognise dual nationality per its Nationality Law. Allowing Chinese-foreign dual nationals to seek foreign consular protecton in China would mean recognising dual nationality exists in China contrary to Nationality Law.

No consular agreement can get around that. Even if the PRC government did sign such an agreement, can it perform an illegal act and honour the agreement? Will the courts force the government to perform an illegal act?

I'm not asserting its true for any non-Chinese nationals, nor for any other country in the world. Just OP (prima facie a Chinese national) in China.