Clarity on Nationality/Citizenship question. HK v UK

[E&A11 9]

Hi,

 

We are nearly completing our K1 application and about to send off. However one rather complicated and confusing thing is puzzling me.

 

I hold a British passport, born to Hong Kong parents (however they were British when I was born so I am not entitled to a HKSAR passport unless I naturalise).

I also have a HKID with 3*. The important part of this is the 3*. Because apparently this means I also have chinese citizenship. 

Now I obtained my HKID before 1997 whilst HK was still with UK. 

 

"The 3 stars on your HKID indicate that you are eligible for an HKSAR Re-entry permit. In this case, you are either a Chinese citizen or stateless.
If you hold permanent residency of HKSAR but not Chinese citizenship, your HKID does not have ***.

You are not eligible for an HKSAR Re-entry permit. The *** will be removed if you renounce your Chinese citizenship."

 

I've discussed this with my fiance and naturally, whenever I am asked for my nationality I state I am British. 

However I feel that seeing as I have a HKID with 3*, I should also state this in our application to avoid an RFE. 

 

Another note is that I am currently working in HK, where I don't need a work visa. I use my HKID which allows me to work visa-free.

 

I don't know if anyone else is in the same situation or could shed some light on this? 

 

Many thanks in advance. 

[igoyougoduke 1,656]

so what is your question ?

[Duke & Marie 1,389]

If you were born in uk, Put British as primary and list HKSAR in other nationalities held field.. Basically file as a dual national, country of birth sits as primary nationality 

Edited February 1, 2020 by Duke & Marie

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[E&A11 9]

12 hours ago, Donald120383 said:

so what is your question ?

 

11 hours ago, Duke & Marie said:

If you were born in uk, Put British as primary and list HKSAR in other nationalities held field.. Basically file as a dual national, country of birth sits as primary nationality 

Well I’d put British as my primary nationality. 

my fiancé thinks we don’t need to bother mentioning my HKID. However I feel like it’s something that may get a RFE.

 

Opinions please?

11 hours ago, Duke & Marie said:

If you were born in uk, Put British as primary and list HKSAR in other nationalities held field.. Basically file as a dual national, country of birth sits as primary nationality 

Btw thanks for your reply

[Duke & Marie 1,389]

4 hours ago, E&A11 said:

my fiancé thinks we don’t need to bother mentioning my HKID. However I feel like it’s something that may get a RFE.

 

 

I’d list it.. they will ask you about other nationalities at some point during the whole process, be it k1, AOS or citizenship.. 

 

sooner you mention it the better or they’ll wonder why you didn’t disclose it previously.. besides your currently in HK.. how you plan on explaining working there if no work visa? I assume your applying from uk not HK for consulate etc? If doing it in HK, the embassy may wonder how/your in HK with no visas etc... bag of needles worms not to disclose I think..

 

its not a big deal, I have dual.. it’s just a case of list the countries and say if you have a current passports for those countries.. they still work off primary nationality.. 

 

eg. I have both AUS and UK citizenship, so listed Aus as primary, uk as secondary.. passport for Aus and nil passport for uk (not current, expired). 

 

Its all there is too it, shouldn’t affect you.

[E&A11 9]

23 hours ago, Duke & Marie said:

I’d list it.. they will ask you about other nationalities at some point during the whole process, be it k1, AOS or citizenship.. 

 

sooner you mention it the better or they’ll wonder why you didn’t disclose it previously.. besides your currently in HK.. how you plan on explaining working there if no work visa? I assume your applying from uk not HK for consulate etc? If doing it in HK, the embassy may wonder how/your in HK with no visas etc... bag of needles worms not to disclose I think..

 

its not a big deal, I have dual.. it’s just a case of list the countries and say if you have a current passports for those countries.. they still work off primary nationality.. 

 

eg. I have both AUS and UK citizenship, so listed Aus as primary, uk as secondary.. passport for Aus and nil passport for uk (not current, expired). 

 

Its all there is too it, shouldn’t affect you.

Got it, many thanks!

[pm5k 129]

Based on https://en.m.wikipedia.org/wiki/Hong_Kong_Re-entry_Permit, you are only a UK citizen, but have special privileges in HK.

 

You could mention this in your application in the "other" section, but I'm pretty sure you only have UK citizenship (China and HK don't allow didn't citizenship anyways)

[midsummer 84]

I'm also a dual citizen (UK and Aus). I put both on the form putting British first because that is my primary and it is where I was born.

[E&A11 9]

On 2/9/2020 at 3:26 PM, pm5k said:

Based on https://en.m.wikipedia.org/wiki/Hong_Kong_Re-entry_Permit, you are only a UK citizen, but have special privileges in HK.

 

You could mention this in your application in the "other" section, but I'm pretty sure you only have UK citizenship (China and HK don't allow didn't citizenship anyways)

 

 

On 2/9/2020 at 6:09 PM, midsummer said:

I'm also a dual citizen (UK and Aus). I put both on the form putting British first because that is my primary and it is where I was born.

Okay thanks!

 

I will put British as my primary and list my HKID into the additional information.