Posted by
balloon
19 yrs ago
My husband and I have been staying in HK for only slight more than a year. I am currently pregnant and I have nit decided where shall I delivery my baby.
For babies born in HK, are there any privileges given to the newborn eventhough parents are not HK permanent residents or HK citizens?
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I am assuming you are talking about right of abode etc.
Yes, if either parent is ethnic Chinese. No, if not. Lovely policy...
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Geiboyi..you mean Chinese from mainland China right? My husband and I are Chinese but not from China. We are from S'pore.
My husband holds an employment visa and I am holding a dependent visa. So..eventhough my baby is born in HK, no chance for my newborn to get at least automatic PR or right to abode in HK status?
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Cara - I don't think so, but of course the Basic Law on this issue was 'reinterpreted', so I'm not sure. Doesn't make any difference to me anyway.
Balloon - no, I think any Chinese blood will do, so even if you have been in the UK for 3 generations it still counts.
I could be completely wrong here of course...
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Hmm what if you are a PR (not chinese) and have your baby in HK? Does the baby have right of abode.
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i am half chinese/half english with a full british passport. i was born in hk and am a PR (but not with 3 stars). my husband is not a PR. my baby was born in hk and he has PR although he won't be allowed to get his ID card until age 11. He has a stamp in his full british passport saying that permanent residency in hk has been established (he has a right to have a PR ID card when old enough if he stays in HK for requisite no of years i suppose).
anyone who stays in hk for 7 years can apply for PR so i suspect that will be the same for babies. as they can't apply for an ID card before 11, if they stay in hk for that long it should perhaps do it?
hope that helps
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Hi squiggles, sounds as if we are in the same boat except that I am not chines (but born here etc.)
Thanks for the feedback. Hubby and I are planning to stay in HK indefinitely so bubs should be fine.
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good. i don't think that me being half chinese makes a blind bit of difference to hk immigration (ie no advantage). so you guys should be fine.
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Vulvic - if you are a PR your baby will have the same status until s/he's 21 then s/he will need to apply for a work visa like anyone else.
I'm not Chinese but am a PR - my baby has the same status - it will be noted on their birth certificate.
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I know (non-Chinese) kids (now over 18) who were born here, but who now have permanent ID cards and don't need work permits. I think that as long as you return every 3 years then even if you leave HK you still keep that status (whether or not you were born here - so the same applies if you've been here for 7 years and got PR staus).
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I was advised when I sorted out my son's birth certificate that he would lose his status when he was 21. It would seem that they have misinformed me. What a surprise.
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From the Immigreation website:
The person on attaining the age of 21 years ceases to be a permanent resident of the HKSAR under this category. He may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d) at any time.
Therefore the child will lose it's PR status at 21 but can reapply for PR status. I would think that the child would need to be resident here for the 7 years before they turn 21 - coming back every 3 years won't satisfy the criteria for PR after they've turned 21.
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I don't think it has to be the 7 years before - you can apply for the PR status at any time once you've been here 7 years - so basically at some point you have to apply yourself, as the automatic PR status from your parent(s) runs out at 21. Thse kids I knew were certainly under 21 and still applied and got the permanent ID card.
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TC
19 yrs ago
Proves the appropriateness of the earlier comment that if you really want the definitive answer (as opposed to opinions or even 100%-guaranteed-correct factual responses that differ anyway) go to the people who are REALLY in the know - the Immigration Department. Works every time.
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