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Do HKSAR Govt. allow DUAL nationality?

  1. #1

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    Do HKSAR Govt. allow DUAL nationality?

    Most of my local Chinese freinds are holding HKSAR passport and other national passport(UK,Canada,Australia..). And my another non-chinese freind, he has applied for Chinese naturalization. After few months he received a letter of approval from HK Immigration Dept. The letter said that "As the documents you produced suggest that you may still hold other nationality, please let us have documentary proof that you no longer hold or have already renounced such nationality, as this is a requirement before the approval of the application for Chinese naturalization"

    My question is why the naturalized Chinese should renounce the existing nationality and Chinese by-birth can enjoy the dual nationality?

    Why the HKSAR Govt. is so reluctant to naturalized Chinese in this case?

    Cheers,

  2. #2

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    They don't technically recognise dual citizenship since Chinese citizens who are naturalised citizens of other countries may not seek consular support when they are in the Chinese mainland or in the HKSAR.

    My guess is that the HKSAR government has no way to ensure that natural born Chinese citizens would renounce their Chinese citizenship upon acquiring a foreign nationality. They just allow them to use their foreign passports as travel documents only.

    Most countries , except for the US has a facility to restore citizenship even after renouncing it. In Canada, you can get your parents to sponsor you back under family class immigration. Once you have obtained permanent resident status, you can resume your Canadian citizenship after living in Canada for a year.

  3. #3

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    Quote Originally Posted by Aritaurus View Post
    Most countries , except for the US has a facility to restore citizenship even after renouncing it. In Canada, you can get your parents to sponsor you back under family class immigration. Once you have obtained permanent resident status, you can resume your Canadian citizenship after living in Canada for a year.
    According to the Citizenship and Immigration Canada website (under "Dependent Children") -
    http://ww-w.cic.gc.ca/english/immigr...-apply-who.asp

    Your parents can sponsor you as a dependent child under the "Family Class Immigration" scheme if you are:
    - under the age of 22 and does not have a spouse or common-law partner
    - a full-time student and is substantially dependent on a parent for financial support since before the age of 22, or since becoming a spouse or common-law partner (if this happened before age 22)
    - is financially dependent on a parent since before the age of 22 because of a disability.

    Furthermore, it states that "adult independent children cannot be sponsored" and are ineligible under this scheme. Therefore, if you are over 22 and have renounced your Canadian citizenship, I don't reckon your parents would be able to sponsor you under "Family Class Immigration" that easily. However, I might be wrong about this.

  4. #4

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    Quote Originally Posted by mixolyd View Post
    According to the Citizenship and Immigration Canada website (under "Dependent Children") -
    http://ww-w.cic.gc.ca/english/immigr...-apply-who.asp

    Your parents can sponsor you as a dependent child under the "Family Class Immigration" scheme if you are:
    - under the age of 22 and does not have a spouse or common-law partner
    - a full-time student and is substantially dependent on a parent for financial support since before the age of 22, or since becoming a spouse or common-law partner (if this happened before age 22)
    - is financially dependent on a parent since before the age of 22 because of a disability.

    Furthermore, it states that "adult independent children cannot be sponsored" and are ineligible under this scheme. Therefore, if you are over 22 and have renounced your Canadian citizenship, I don't reckon your parents would be able to sponsor you under "Family Class Immigration" that easily. However, I might be wrong about this.

    Wow, I never knew that there were limitations to parents sponsoring their children. I guess the other two options would be having your spouse sponsor you if he/she is a Canadian citizen or to apply as an investor or a skilled migrant.

  5. #5

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    Hello,

    We are slipping out of the titled subject.
    Do you / your friends/colleauges or anyother holding HKSAR passport & other national passport?

    The HKSAR Immd policides are ambiguity.

  6. #6

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    has your friend been living in hong kong? I have the same case but i havent applied yet. I am planning to naturalize as a chinese citizen for hong kong

  7. #7

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    The answer is true.. under nationality law of the PRC (including in the HKSAR), they do not recognise dual nationality. Therefore, when you want to naturalise as a Chinese citizen, you need to renounce other nationalities.

    However, for the many HK born Chinese who has holded other nationality, they are regarded as Chinese citizen without a choice after the return of HK to China. As a result, the Chinese and the HKSAR government only recognise that foreign nationality as a "travel document" only. As a result, they can't be under other government's protection when they are in China, Hong Kong or Macau, but they are free to use their foreign passport when travelling overseas. I guess the way how they do this is simply just turn a blind eye onto it, that's the only way it works.

  8. #8

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    Quote Originally Posted by mmsG View Post
    Hello,

    We are slipping out of the titled subject.
    Do you / your friends/colleauges or anyother holding HKSAR passport & other national passport?

    The HKSAR Immd policides are ambiguity.
    I thought it was pretty straight forward actually. Only chinese nationals born in HK (ie acquired ROA as well as right to an HKSAR passport) has the opportunity to also hold another country's passport, but as another post noted, PRC will not grant conscular protection unless you explicitly denounce your chinese citizenship.

    The PRC had a choice to make when they took over HK on what to do with dual nationals as many HKers were either given a BNO, or full british nationality, or had migrated overseas pre-1997. I don't think that really had to deal with that situation before they took over HK as not too many people from the mainland had the opportunity to gain foreign citizenship. So they chose to enforce chinese law in a way that allowed people to keep their overseas citizenship, but basically not recognise it within China.

    And yes PRC require renouncement of other citizenship if you naturalise. The thought the US used to do the same.

    -titus

    ps, I hold a 3 star HKID card so I can get a HKSAR passport, but I have not bothered as yet, and I hold Australian citizenship.

  9. #9

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    Hi.

    I hold both a HKSAR passport and a passport from another country. When I applied for my HKSAR passport, the immigration officer was aware that I was holding a second nationality but still approved my HKSAR passport. So there.

    Also note that although HK has reverted back to mainland China that Hong Kong citizens are still DIFFERENT from mainland Chinese citizens and thus they have passports that are very different from those of mainland Chinese nationals - very different treatment too when visiting other countries (i've traveled using my HKSAR passport).

    I was born in HK so I don't know if that makes a difference, i.e., I was allowed to hold a second passport.

    Hope this helps!

  10. #10

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    Quote Originally Posted by Deejay View Post
    I was born in HK so I don't know if that makes a difference, i.e., I was allowed to hold a second passport.
    This is the key - you have been a Citizen of HK all your life. The Chinese Government allows native-born HK Citizens to acquire a second passport (which they regard simply as a travel document). What they do not allow is people whose native-born citizenship is not Chinese to acquire Chinese Citizenship without renouncing their native citizenship.

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