Originally Posted by
percysmith
I looked up the judgement
https://legalref.judiciary.hk/lrs/co...%2F11%29&TP=JU referred to by the
https://www.alumni.cuhk.edu.hk/aaaus...grant_case.htm link from the Reddit.
The HK judgement doesn't really help cases like yours - HK court essentially looked at a purposive intention of the parents, and stated applicants' claims that only pernament right of abode (e.g. Green Card) should count were incorrect in law. So essentially, residential visas on the pathway to permanent residence also count for "settled abroad" according to HK courts.
Fortunately HK judgements on CNL do not necessarily inflect back on the Mainland (not that Mainland courts uses
stare decisis anyway) so you can still claim your Embassy statement should stand.
I wonder if this might lead to people who think their cases might be on shaky ground choosing to apply for their documents from abroad, then. Because to pull up another Chinese embassy
page, it seems to even more firmly state the PRC's interpretation, as they say as a child of Chinese citizens born in the US you need:
Documents for the confirmation of the child's nationality:e.g. the photocopy (of the photo/information page) of passports of both of the child's parents, proof of permanent residency of both parents (e.g. U.S. permanent resident card), parents' naturalization certificates, the passports or permanent resident cards the parents held when the child was born, etc.,
And
another page shows they (at least in the US) accept HKID applications if submitted together with HKSAR passport applications.
On the whole, this is quite an interesting development. My current visa doesn't expire for quite a while, and now I need to figure out if I actually do fall under this (want to be absolutely sure, double-checking with parents) and if I want to pursue a CTD in that case (since then I would have no US consular protection anymore).