Dual nationality - BNO and HKID
Sep 17, 2015, 10:14 am
#31
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No. He didn't register, so he can't be BNO (like me, he did not "opt in"). He might have been BDTC like me which lapsed on 1 July 1997.
As for ROA (and Chinese citizenship underpinning it), it's a Immigration Department determination that can be appealed the the Immigration Department Registration of Persons Tribunal and can be furthered appealed to the courts.
Of course we don't know bbmatt's circumstances. Roughly:
ROA (Art 24 of BL):
1. Chinese citizens born in HK at any time (before or after establishhent of HKSAR)
2. Chinese citizens ordinarily resided in HK for 7-year continuous period any time
3. Chinese citizens born outside HK to residents under (1) or (2)
4. Non-Chinese citizens who have fulfilled the 7-year residency requirement
5. Children born in HK to residents under (4)
6. Anyone else who only had HK ROA before 1 July 1997
Chinese Citizen http://www.immd.gov.hk/eng/residents...inese/law.html :
Born in China to at least one Chinese national - yes (this includes Colony of Hong Kong and the Chinese in it notwithstanding they may have also been BDTCs because the Chinese didn't recognise that)
Born outside China to at least one Chinese national - yes
Born outside China to Chinese nationals who have settled abroad (i.e. have PR in another country) *and* the child acquired another nationality at birth - no
As for ROA (and Chinese citizenship underpinning it), it's a Immigration Department determination that can be appealed the the Immigration Department Registration of Persons Tribunal and can be furthered appealed to the courts.
Of course we don't know bbmatt's circumstances. Roughly:
ROA (Art 24 of BL):
1. Chinese citizens born in HK at any time (before or after establishhent of HKSAR)
2. Chinese citizens ordinarily resided in HK for 7-year continuous period any time
3. Chinese citizens born outside HK to residents under (1) or (2)
4. Non-Chinese citizens who have fulfilled the 7-year residency requirement
5. Children born in HK to residents under (4)
6. Anyone else who only had HK ROA before 1 July 1997
Chinese Citizen http://www.immd.gov.hk/eng/residents...inese/law.html :
Born in China to at least one Chinese national - yes (this includes Colony of Hong Kong and the Chinese in it notwithstanding they may have also been BDTCs because the Chinese didn't recognise that)
Born outside China to at least one Chinese national - yes
Born outside China to Chinese nationals who have settled abroad (i.e. have PR in another country) *and* the child acquired another nationality at birth - no
Sep 17, 2015, 6:22 pm
#32
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yup, I never registered. My parents are american and moved to LA prior to 97 so I never really had the opportunity to apply for the BNO, nor did I really need it... although I guess it could come in handy in going to cuba or some south American countries w/ reciprocal US visa fees.
Sep 18, 2015, 12:23 am
#34
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If you were eligible at any time for HKSAR passport, you are a Permanent Resident of HK. On what basis did they take your ROA away? Chinese nationals who are HK residents and subsequently acquire foreign nationality do not lose Chinese nationality, unless you deliberately renounced it...?
Sep 18, 2015, 2:46 am
#35
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Not that my kids will use any of the HK benefits - it's mostly for easier immigration clearance (now they tag along with me so that we use HKPR line at HKG).
I think the only reason she got it is because China see Taiwan as part of China and vice versa.
Sep 18, 2015, 2:59 am
#36
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nacho - think the interpretation is right. Contrast this to my brother's two children - both incredibly Canto even though raised in Australia, born to two HK-born Chinese national HK Permanent Residents, *but born in Australia and both my brother and his wife have naturalised there* - not Chinese nationals.
Many of my classmates and colleagues have almost the same set of facts with their children - but if born here and then registered Australian they were Chinese nationals at birth - Chinese nationals (dual nationals with neither government recognising the foreign nationality).
I'm thinking my brother's kids have lost out on employment flexibility when they're starting out, if they don't have neither ROA nor RTL.
Many of my classmates and colleagues have almost the same set of facts with their children - but if born here and then registered Australian they were Chinese nationals at birth - Chinese nationals (dual nationals with neither government recognising the foreign nationality).
I'm thinking my brother's kids have lost out on employment flexibility when they're starting out, if they don't have neither ROA nor RTL.
Sep 18, 2015, 3:54 am
#37
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It's very stupid for HK government to let some low income low skill mainlanders to get the ROA, while our + your brother's kids that requires no $ support from HK government and they will be well-educated that could be valuable to HK.
I was told that they can "gain" the ROA by residing in HK for 7 years - they can enter using dependency visa from me. We don't know what HK will be like in 10-15 years time
let's see how much more the Chinese government tries to ruins it.
Sep 18, 2015, 9:52 am
#38
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If you were eligible at any time for HKSAR passport, you are a Permanent Resident of HK. On what basis did they take your ROA away? Chinese nationals who are HK residents and subsequently acquire foreign nationality do not lose Chinese nationality, unless you deliberately renounced it...?
Sep 18, 2015, 9:08 pm
#39
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Entering with US passport doesn't matter either - your Chinese nationality needs renouncing
https://en.wikipedia.org/wiki/Stern_Hu
https://www.law.unimelb.edu.au/files/dmfile/35_1_4.pdf
http://www.immd.gov.hk/eng/services/...eral_info.html
Stern Hu case shows PRC will deem you a citizen if you commit a crime and haven't renounced it, even if you entered on an American (Australian) passport.
I think you've grounds to appeal, and you don't need a lawyer, but it may take some work on your part.
Jul 10, 2017, 5:33 am
#40
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Homg Kong citizens are best never to consult prc consulates as they are just a bag of corrupted junk as it was seen in 2 seperate incidents in Egypt and 2011 in Japan. And i believe, another incident in NZ.
If anyone has an expired copy of BNO in hand (or even if lost but may take more time) the UK embassy can issue a very expensive 1-time emergency document.
The children ID may have an expiry since its the adult version that doesnt have an expiry- and everyone reaching 18 is expected to renew.
The alternative reason why the hkid was expired is that its the old version if hkid- but the old version shouls suffice for the application of bno
2 years too late but have you left hk for extended periods?
all uk passports arent readable by EU boarder control machines anyway and has nothing to do with BNO.
If anyone has an expired copy of BNO in hand (or even if lost but may take more time) the UK embassy can issue a very expensive 1-time emergency document.
The children ID may have an expiry since its the adult version that doesnt have an expiry- and everyone reaching 18 is expected to renew.
The alternative reason why the hkid was expired is that its the old version if hkid- but the old version shouls suffice for the application of bno
Since OP's issues are almost resolved, I will simply give my 2 cents for the yes and no.
1. HM Passport Office can renew the passport without the HKID. However, you must attach a form authorizing Immigration Department to release your HKID record for the renewal, which will delay your application.
2. Reaching 18 does not make your HKID invalid, as officially, there is no expiration date on your HKID.
Chinese diplomatic posts are known to giving more troubles than assistance to Chinese (Hong Kong) citizen. Regardless what the Central Government has said, they do stuffs in their own ways. This is why unless you have no other choices, it is better to deal with the Immigration Department instead.
In fact, Immigration Department acknowledges there are issues.
1. HM Passport Office can renew the passport without the HKID. However, you must attach a form authorizing Immigration Department to release your HKID record for the renewal, which will delay your application.
2. Reaching 18 does not make your HKID invalid, as officially, there is no expiration date on your HKID.
Chinese diplomatic posts are known to giving more troubles than assistance to Chinese (Hong Kong) citizen. Regardless what the Central Government has said, they do stuffs in their own ways. This is why unless you have no other choices, it is better to deal with the Immigration Department instead.
In fact, Immigration Department acknowledges there are issues.
all uk passports arent readable by EU boarder control machines anyway and has nothing to do with BNO.
Last edited by Ocn Vw 1K; Jul 10, 2017 at 7:27 am Reason: To combine consecutive posts of same member in same thread.
Jul 10, 2017, 5:53 am
#41
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FWIW - an adult holding a child ID can still enter Hong Kong. So it is a valid document.
However, you will be reminded to get the new ID ASAP.
IME - Ireland's IO gave me a face when I presented my BN(O) Passport. He torn off the landing card, checked my photo, and let me go as a British citizen (presumably).
Jul 10, 2017, 6:07 am
#42
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A few years ago, I travelled to Ireland (from the UK) with my BN(O)-carrying gf. On arrival at DUB I looked very carefully at the signs as to which immigration channel she should go down. One of them said "British Nationals". We both went down that one, and it bypassed immigration checks completely. She was a bit miffed that she never got a stamp in her passport to show that she had been to Ireland. I guess the Irish actually meant to put "British Citizens" on the sign, but screwed up.
Jul 10, 2017, 6:58 am
#43
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A few years ago, I travelled to Ireland (from the UK) with my BN(O)-carrying gf. On arrival at DUB I looked very carefully at the signs as to which immigration channel she should go down. One of them said "British Nationals". We both went down that one, and it bypassed immigration checks completely. She was a bit miffed that she never got a stamp in her passport to show that she had been to Ireland. I guess the Irish actually meant to put "British Citizens" on the sign, but screwed up.
Jul 10, 2017, 10:54 am
#44
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That is arguable.
FWIW - an adult holding a child ID can still enter Hong Kong. So it is a valid document.
However, you will be reminded to get the new ID ASAP.
I believe the issue is if the immigration control of a particular EU member state runs the passport or not.
IME - Ireland's IO gave me a face when I presented my BN(O) Passport. He torn off the landing card, checked my photo, and let me go as a British citizen (presumably).
FWIW - an adult holding a child ID can still enter Hong Kong. So it is a valid document.
However, you will be reminded to get the new ID ASAP.
I believe the issue is if the immigration control of a particular EU member state runs the passport or not.
IME - Ireland's IO gave me a face when I presented my BN(O) Passport. He torn off the landing card, checked my photo, and let me go as a British citizen (presumably).
i guess the machine in front of an IO would read the passport.
Jul 10, 2017, 11:11 pm
#45
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Also - FWIW, when I attempted to use the UK/EU line at LHR, the IO did not attempt to run the passport at all. It was not until the IO read the information page to realize I was in the "wrong" line (which as a result, I provided a valuable English lesson to UKBF).
Still if you are hoping any changes, it is not going to happen, at least under Theresa May or Conservative Party.
I don't believe the e-channel will stop a person simply because the person has reached 18 and used a child ID.