Under the Nationality Law of the People’s Republic of China (CNL), Hong Kong residents who are of Chinese descent and born in Chinese territories, including Hong Kong, are recognized as Chinese citizens. However, for Hong Kong residents holding foreign passports, there is an option to declare a change of nationality if they choose to be treated as foreign nationals. This declaration is processed through the Hong Kong Special Administrative Region (HKSAR) Immigration Department.
Once approved, individuals are no longer regarded as Chinese citizens and may enjoy consular protection from their declared nationality’s country. If you find yourself in this situation and wish to apply for a Chinese visa through the Chinese Embassy or Consulates in the United States, certain steps must be taken to meet the requirements.
How to Apply for a Declaration of Change of Nationality
To become eligible to apply for a Chinese visa, the first step is to complete the Application for Declaration of Change of Nationality through the HKSAR Immigration Department. Once this process is complete, you may proceed with your visa application, and services like Oasis China Visa Services can assist you with the visa process.
Requirements for Declaration of Change of Nationality
To apply for a Declaration of Change of Nationality, applicants must meet the following criteria:
- Age and Mental Soundness:
- The applicant must be 18 years or older and of sound mind.
- If under 18, the declaration must be made by a parent or legal guardian.
- Chinese Nationality:
- The applicant must be a Chinese national as defined by the CNL, as explained by the Standing Committee of the National People’s Congress.
- Hong Kong Residency:
- The applicant must be a resident of Hong Kong.
- Foreign Nationality Evidence:
- The applicant must provide evidence, such as a foreign passport, to prove foreign nationality.
- Genuine Documentation:
- The documents submitted as proof of foreign nationality must not be forged or obtained through illegal means.
- No Risk of Statelessness:
- The applicant must not become stateless after disclaiming Chinese nationality.
Impact on Right of Abode in the HKSAR
Before declaring a change of nationality, it is important to consider the potential impact on your Right of Abode in the HKSAR. This status may be affected depending on individual circumstances.
Maintaining the Right of Abode
An applicant can continue to enjoy the right of abode in Hong Kong after the declaration is approved if they meet one of the following conditions:
- Right of Abode Before July 1, 1997:
- The applicant had the right of abode in Hong Kong before this date and:
- Was settled in Hong Kong immediately before July 1, 1997.
- Returned to settle in Hong Kong within 18 months after July 1, 1997, if they ceased to be settled in Hong Kong before this date.
- Returned to settle in Hong Kong after the 18-month period but had not been absent from Hong Kong for a continuous period of 36 months or more.
- The applicant had the right of abode in Hong Kong before this date and:
Next Steps
If you meet the above requirements and wish to proceed with the Declaration of Change of Nationality, we recommend starting the process through the HKSAR Immigration Department. Once completed, you will be eligible to apply for a Chinese visa.
For assistance with your visa application, Oasis China Visa Services is here to guide you through every step.
For more information on the Declaration of Change of Nationality, please visit the official HKSAR Immigration Department website: https://www.immd.gov.hk/eng/services/
Conclusion
Navigating the complexities of nationality and visa requirements can be challenging, but understanding the steps involved ensures a smoother process. Whether you’re a Hong Kong resident transitioning to foreign nationality or preparing to apply for a Chinese visa, being informed is key to success.
