HK Permanent Residency born outside of HK

[baniners 2]

I'm having a bit of trouble figuring this out.

 

Both my fiance's parents were born in HK, but they moved to Canada before he was born. Does he have permanent residency in HK then?

 

I found this on the HK immigration website:

(c)
A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

 

He's Chinese descent, but nationality is Canadian, correct? He spent 4~5 years of his childhood in HK and doesn't have any government issued IDs, so I'm not sure if he would be considered a PR or not in HK.

 

 

[Jordan8768 107]

20 minutes ago, baniners said:

I'm having a bit of trouble figuring this out.

 

Both my fiance's parents were born in HK, but they moved to Canada before he was born. Does he have permanent residency in HK then?

 

I found this on the HK immigration website:

(c)
A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

 

He's Chinese descent, but nationality is Canadian, correct? He spent 4~5 years of his childhood in HK and doesn't have any government issued IDs, so I'm not sure if he would be considered a PR or not in HK.

 

 

If they were born outside of HK then they are not a citizen by birth but they can become a resident as their parents are from that nation, maybe they have to live there? 

 

Hope this helps 

[RandyW 149]

By the Basic Law of Hong Kong, China's Nationality Law applies.

 

China's Nationality Law states that someone born abroad to two Chinese citizens IS a Chinese citizen, and also that dual citizenship is not recognized. What that amounts to in practice is that China may not be willing to allow them to enter the Mainland except via a travel permit (which can be issued overseas at a Chinese consulate). This has especially been a problem with Hong Kong/Canadian dual citizens (as a practical matter, dual citizenship IS, in practice allowed for Hong Kong citizens).

So yes, I expect that he could travel to Hong Kong and easily claim residence there, but that travel to the mainland would require the travel document.

 

See http://www.scmp.com/news/world/united-states-canada/article/1985978/you-might-have-been-born-canada-does-beijing-think for more details

[RandyW 149]

From the page you cite, the documentary evidence required is (http://www.immd.gov.hk/eng/services/right-of-abode-in-hksar/apply.html#perm_id)

 

• The applicant's birth certificate (showing his/her name and those of his/her parents)
• Hong Kong permanent identity card of the parent
• Evidence showing the time when the parent acquired permanent resident status in Hong Kong, such as a travel document

 

and must be applied for IN HONG KONG.