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發表於 08-2-28 05:45 |只看該作者

See http://www.immd.gov.hk/chtml/faq_roaihksar.htm
Excerpt:

問 10：美國居民 ( 只持有綠咭但未入籍 ) ，在美國所生的子女，有沒有香港居留權？

答 10：如該子女在美國出生時即具有美國國籍，而其中國籍父母在當時已持有綠咭在美國定居，不論是否入籍，根據《中華人民共和國國籍法》第五條，該子女並不具有中國國籍。由於該子女並非中國公民，便不可以憑藉父母是享有香港居留權的中國公民而享有香港居留權。

The above content has been my understanding on this issue. i.e. if I was in H-1B status (HKSAR passport holder & born in HK before 1997) when my son was born in the US, my son would have chance to apply for 香港居留權 (if I say I am not "在美國定居") . But if I had green card and 在美國定居 at the time my son was born in the US, then my son will not be eligible to apply 香港居留權 ... unless I give up my green card and move back to HK with my son and he live there for 7 years and up.

Is there some other links that indicate my above understanding is NOT correct?

原文章由 xother 於 08-2-28 01:45 發表
Nillie mami

You dont need to give up any green card or citizenship as HK accept dual citizenship.
To verify your status, you only need to submit it when you are in HK, then you can just give a corres ...

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22^#

發表於 08-2-28 07:10 |只看該作者

I am not expert on immigration, but from my understanding, it really depends on your status.

凡在香港或中國內地出生，並具有中國血統的香港居民，在移居海外和取得外國護照後，如返回香港特別行政區，除非他們向香港特別行政區入境事務處申報國籍變更，否則仍是中國公民。

from the 補充資料 of your quoting:

該中國籍父母是在香港出生的中國公民或通常居住在香港連續七年或以上的中國公民，則該子女享有香港居留權

原文章由 bunnymonkey 於 08-2-28 05:45 AM 發表
See http://www.immd.gov.hk/chtml/faq_roaihksar.htm
Excerpt:

問 10：美國居民 ( 只持有綠咭但未入籍 ) ，在美國所生的子女，有沒有香港居留權？

答 10：如該子女在美國出生 ...

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bunnymonkey

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23^#

發表於 08-2-28 08:07 |只看該作者

Thanks. I re-read it and confirm that my understanding is correct. :) I think this may apply to many BK US moms here as many of them already got Green Card & 定居在 US when they give birth to their US-born kids. So those US-born kids 不具有中國國籍 and thus can't based on their parent's "中國公民" status and 享有香港居留權 because of the 《中華人民共和國國籍法》第五條.

New question raise here: whether "conditional green card" is under this group: "在外國有永久性居民資格 ( 即在外國通常居住及不受當地任何居留條件的限制 ) ，被視為定居在外國。 " hehe...I guess this is negotiable. Maybe really need to get a imigration lawer if the case isn't approve then.

Anyway, I guess it's not a big deal for my son to have the 香港居留權 for now if we are not going to live in HK (tho having the 居留權 can save some money for going to mainland for the visa fee but we don't go to mainland often anyway). And if we gonna move back to HK, then my son will have the 居留權 after living in HK for 7 years
Can anyone address on what's the advantage for the US-born kids to have HK 居留權? (only things I can think of now is don't need to apply travel visa to mainland, able to go to HK public hospital for cheaper services)

補充資料
根據《入境條例》附表 1 第 2 ( c ) 段，中國公民在香港以外所生的中國籍子女，而在該子女出生時，該中國籍父母是在香港出生的中國公民或通常居住在香港連續七年或以上的中國公民，則該子女享有香港居留權。
若這名美國居民是在香港出生的中國公民或通常居住在香港連續七年或以上的中國公民，其在美國所生的子女，有沒有香港居留權，要視乎該子女是否中國公民。
《中華人民共和國國籍法》第五條：父母雙方或一方為中國公民，本人出生於外國，具有中國國籍；但父母雙方或一方為中國公民並定居在外國，本人出生時即具有外國國籍的，不具有中國國籍。
一般情況下，在外國有永久性居民資格 ( 即在外國通常居住及不受當地任何居留條件的限制 ) ，被視為定居在外國。

原文章由 xother 於 08-2-28 07:10 發表
I am not expert on immigration, but from my understanding, it really depends on your status.

凡在香港或中國內地出生，並具有中國血統的香港居民，在移居海外和取得外國護照 ...

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bunnymonkey

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24^#

發表於 08-2-28 08:17 |只看該作者

Alisonli,

From what I read from the HKSAR gov site, if you were US citizen and "定居在外國" when you give birth to your US-born kids (born US citizen), your kids will not have "中國國籍 ".

由於該子女並非中國公民，便不可以憑藉父母是享有香港居留權的中國公民而享有香港居留權 based on 《中華人民共和國國籍法》第五條 .

But I guess like xother said, you can apply for your kids anyway if it's free. At most you just get a deny on your application. :)

原文章由 ALISONLI 於 08-2-28 03:05 發表
xother,
okay. now i am confused after reading your link. i called the hk office before and they told me there's no chance that my kids will get hk citizenship cuz at the time they were born we were al ...

[ 本文章最後由 bunnymonkey 於 08-2-28 08:23 編輯 ]

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rachel_Ip

複式洋房

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25^#

發表於 08-2-28 13:12 |只看該作者

可以喎！Kieran都有身份証同特區護照喎！我上年返香港同佢攪掂晒！

http://hk.myblog.yahoo.com/rachelhahaworld/

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ALISONLI

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26^#

發表於 08-2-28 22:49 |只看該作者

rachel
which forms did you fill out? do you need to bring kieran back to hk for a review every year ??

原文章由 rachel_Ip 於 08-2-28 13:12 發表
可以喎！Kieran都有身份証同特區護照喎！我上年返香港同佢攪掂晒！

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JMW

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27^#

發表於 08-3-1 00:12 |只看該作者

BB doesn't need to give up US citizenship. He just only get the right to live in HK!

原文章由 zillyzizi 於 08-2-27 10:19 發表
in your case, 咁係咪要BB give up美國永久居留權?

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28^#

發表於 08-3-1 04:27 |只看該作者

but the problem is..
we only able to stay in hk for maximum 10days(2 weeks annual leave), that is the reason we can't make it.
if I can stay in hk for 2-3 months.. I got the ID and passport for Amanda la..
but I need to go to work..
we don't even able to go back to hk every year. that is too difficult for many moms like us.

原文章由 JMW 於 08-2-29 11:12 AM 發表
BB doesn't need to give up US citizenship. He just only get the right to live in HK!

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zillyzizi

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29^#

發表於 08-3-1 08:33 |只看該作者

because from what i've read here, bb's US passport needs to be "stamped" by HK 's immigration for HK residency.
But what I concern is, will US immigration question about this?
since US cannot have duel residency.

thanks

原文章由 JMW 於 08-3-1 00:12 發表
BB doesn't need to give up US citizenship. He just only get the right to live in HK!

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30^#

發表於 08-3-3 00:32 |只看該作者

咦..係喎!冇諗過呢個問題添...
要問吓rachel至知..

原文章由 zillyzizi 於 08-2-29 07:33 PM 發表
because from what i've read here, bb's US passport needs to be "stamped" by HK 's immigration for HK residency.
But what I concern is, will US immigration question about this?
since US cannot have due ...

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31^#

發表於 08-3-3 07:51 |只看該作者

From my understanding, US allow dual citizenship. My boss is one of them. He is Canadian and he also hold US passport. My ex-colleague at HK also US citizen but work in HK by having her ID card.

For the stamp, it is just the right for your child to live in HK without time limit. I dont think it is against any US rules. It is the same as any US mommies who has US passport but still hold HKID, right?

Nilliemami,
I am very similar with you as I am not planning to visit HK for the next 5yrs, so I am not going to apply. But when my children are older, then I will do that since I think the rule will pretty much the same. From the rules, we only need to sumbit it when both the child and mother are here HK, then it doesnt say both of them have to be in HK to get stamp, so it will be much easier if my child is older as I can escape without so much headache like now.

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32^#

發表於 08-3-3 11:16 |只看該作者

Xother,
me too..
next year, I will send Amanda back to hk.. then, see how it will be.. she is going to stay in hk to learn Cantonese from June (如無意外).

原文章由 xother 於 08-3-2 06:51 PM 發表
From my understanding, US allow dual citizenship. My boss is one of them. He is Canadian and he also hold US passport. My ex-colleague at HK also US citizen but work in HK by having her ID card.

For ...

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33^#

發表於 08-3-3 13:49 |只看該作者

Nillemami,
I guess your daughter is around 5 next year, it is good to send her to kindergarten when she was in HK. I was in HK for 3 weeks and I put my daughter in kindergarten for 1 week. She loves it and now she is very keen to go to Chinese school on weekend.

Just curious what language you speak at home with your daughter? Do you send her to Chinese school in NYC?

原文章由 Nillie_Mami 於 08-3-3 11:16 AM 發表
Xother,
me too..
next year, I will send Amanda back to hk.. then, see how it will be.. she is going to stay in hk to learn Cantonese from June (如無意外).

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ALISONLI

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34^#

發表於 08-3-3 22:47 |只看該作者

xother,
where do they have short term classes in hong kong? where can i find summer programs for older kids?

原文章由 xother 於 08-3-3 13:49 發表
Nillemami,
I guess your daughter is around 5 next year, it is good to send her to kindergarten when she was in HK. I was in HK for 3 weeks and I put my daughter in kindergarten for 1 week. She loves i ...

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35^#

發表於 08-3-4 00:22 |只看該作者

Xother,
yup.. She will be about 5.5 to 6 years old next summer, I will send her to the kindergarten in hk for the summer time, so she got somebody to talk and play with.
at home, we speak Cantonese and English to her, she will speak mostly English with 1-2 single cantonese words to us.
she will speak spanish to her father.

原文章由 xother 於 08-3-3 12:49 AM 發表
Nillemami,
I guess your daughter is around 5 next year, it is good to send her to kindergarten when she was in HK. I was in HK for 3 weeks and I put my daughter in kindergarten for 1 week. She loves i ...

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36^#

發表於 08-3-4 00:24 |只看該作者

Alisonli,
I don't know if they have summer camp for school age children in hk.. for me.. I just send Amanda to the international kindergarten which they speak English, cantonese and mandarin in the classroom.

原文章由 ALISONLI 於 08-3-3 09:47 AM 發表
xother,
where do they have short term classes in hong kong? where can i find summer programs for older kids?

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37^#

發表於 08-3-4 06:04 |只看該作者

Alisonli,
I just put my daughter to local kindergarten which near my house and it is very common to have that type of service in HK. For other programs, it really depends on what you want and I think you can easily get the information from other forum in BK.

Nilliemami,
Is father Spanish native? Does she like Dora the Explorer? My daughter doesnt understand Cantonese and she said bored after 1 week. Does international kindergarten cost alot? I paid $70/day includes all meals.

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38^#

發表於 08-3-4 06:14 |只看該作者

Xother,
My husband is made in hk (

) as well.. but he growth up here.. so he speaks spanish as well..
I don't know how much will be next year.. she will not able to attend the local chinese la.. as her chinese is really "inc. " la..
I will tell you on next summer ..ha ha.. when she attends it.

原文章由 xother 於 08-3-3 05:04 PM 發表
Alisonli,
I just put my daughter to local kindergarten which near my house and it is very common to have that type of service in HK. For other programs, it really depends on what you want and I thin ...

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39^#

發表於 08-3-4 07:58 |只看該作者

Nilliemami,
If your husband is from HK, so why dont you guys speak Cantonese at home? I hope my husband can speak Cantonese and I dont need to do so much in order to teach her Cantonese. Besides, do you worry if you are so far away from her?

Regarding to local school, there is no problem for overseas kids to attend as all teachers can speak basic English. I dont see problem as all kindergarten are private school anyway. It is better to go to local school as she will more understand HK is a place to speak Cantonese. Now my daughter always asks me to go back to HK. But when I said she needs to go to Cantonese school, then she said NO. Now I have excuse for her to learn Chinese if she wants to go to HK, isn't that good?

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ALISONLI