Kids of HK PR parent born outside of China / HK refused to grant HK PR

I am a Chinese (not China nor HK PR) and my wife is HK PR and holding SAR passport. We married outside of HK or China. We have 2 little kids both born outside of HK / China.


I tried to apply PR for the elder kid but rejected by HK immigration. Their rejection letter state that the reject is due to the kid is born outside of HK and have obtained oversea passport, therefore she is not entitle to apply for HK PR.


We both been married and working oversea for many years but we do have property in Hong Kong and my wife family members are still live in HK.


I am puzzle why kids to non HK citizens can obtained HK PR but yet kid to HK PR are refuse to grant HK PR. When I called to HK immigration, they said we can seek for court declaration but advise the chances are slim.


Appreciate any advise / comments that can assist us pertaining to this issue.


Thanks in advance.

You mention you are puzzled why kids to non HK citizens can obtain HK PR - They can't. For a child to obtain HK PR parents must have HK PR but there is one exception to this rule and that is Mainland Chinese Children, if they are born here they can have HK PR even if thier parents do not. This however maybe overturned as currently a case going through the courts.

Hi Chan,


What I mean is why those mainlander children, neither of their parent is HK PR but if they give birth in HK, they can have HK PR, whereas my wife is HK PR and just because our children are not born in HK, yet they can't have the right of adobe in HK. Isn't it sound discrimination to those kids born outside of HK?


In most countries in the world, kids would normally automatically obtain Nationality of their parent's country of residence / Nationality. But why in our case, our children are deprived to have this rights?

Your kids can easily obtain dependent visa and live in HK. After 7 years, they can get PR.

As for that other question. Why children of mainland parents get PR if they are born here. Well, it's a long story. There was a law-suit brought before the court of final appeals. (HK's supreme court.) In their unfathomable wisdom, the judges made a decision (much to the government's and most HK residents' consternation.) to grant all children born in HK (to mainland parents) right of abode.