Hk National, Thai Gf. How To Ensure Child Has Hk Residency?

[Ezzer]

Hi All,

First time posting here and sorry if it can be found elsewhere, but really been wreaking my brains here.

I am a Hong Kong National, who is legally in Thailand working and with a UK passport (dual nationality) registered with my work permit.

Girlfriend (hope to be wife sometime soon, maybe) is Thai and will be giving birth to child. She wants to do it in Thailand.

From what I can deduce, Hong Kong is really strict and unless 1) Child birth in Hong Kong or 2) Child has not taken up a nationality and have legally entered Hong Kong using some other papers. Then and only then will he/she be entitled to my HK nationality (I cannot pass on my UK one).

My question is, if the child is born in Thailand to a Thai mother, then he/she will automatically "take up" the Thai Nationality, right?

And if not, then how, and what can I do to exit Thailand with child and enter HK? What papers are possible?

Thanks a lot in advance for all your help!

[InterestedObserver]

A child born to a Thai mother will automatically become a Thai citizen no matter where the birth takes place. If you are not legally married to the Thai mother then you need to make extra certain that your name is on the birth certificate and that you legitimize the child with the local Amphur in accordance with Thai law. I cannot answer the HK part of your question.

[Richard4849]

Probably better asked in a HK-oriented forum than here.

[CRUNCHER]

There is no such thing as Hong Kong nationality. Hong Kong is part of China. I presume you mean Right of Abode.

If you are of Chinese race you can get a "SAR passport" and your child will be deemed of Chinese race as your descendant. Your child will then be eligible for an "SAR Passport" If not then I think you might have problems. Hong Kong ID Card may follow. The advice to ensure your name is on the birth certificate is excellent.

As regards your UK passport, if you hold a BN(O), I do not think you can pass it on. If it is a full British passport you should be able to pass it on unless you yourself were born outside of UK.

These are complicated issues and my knowledge is sketchy. You need to go to the right place for answers. I suggest next time you are in Hong Kong you visit Immigration Department (who deal with HKID cards and passport issues on behalf of PRC) and the British Consulate in respect of your British passport. Get answers from the horses mouth (and the sooner the better).

[kotsak]

I am sure you will find your answers in here

[MANICMINER]

British citizenship:

Whether you can pass on your British citizenship is relatively straight forward: if you obtained your citizenship by descent only (i.e you were born on foreign soil and only got citizenship through your parents), then you cannot pass on your citizenship to your child. if you obtained citizenship through any other means, then you can.

Hong Kong citizenship:

The chinese nationality law applies differently to citizens of Hong Kong, which allows HK nationals to have foreign citizenship as well as chinese citizenship. Whether you can pass on your you HK status to your child is not so clear. the answer is on the HKSAR government website - here is the link http://www.gov.hk/en/residents/immigration/chinese/law.htm. you should read article 5: it comes down to your status in Thailand and whether you are considered settled here or not. How they determine 'settled' i am not sure, but if you still have an address in Hong Kong, and only working here temporarily, my guess you will not have any problems passing on your HK chiinese national status to your child. To be certain, i would persuade your girlfriend to give birth in Hong Kong.

I hope this helps. Good luck!

[Mario2008]

The nationality of the child is determined by the nationality laws of the countris involved:

1. Thailand. The child will be Thai as the mother is Thai

2. UK. The child might have British nationality, depending on how you acquired British antionality and where you where born.

3. Hong Kong. No idea.

Thailand and the UK have no problem with dual nationality, I don't know about HK. of course for British and HK nationality yu would have to regocnize the child as yours, as you are not married.

See for information how to legitimize your child this topic:

http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

For British nationality it is not necesarry to go this way, but you would not have recognized the child under Thai law. As far as Thai law is concerned, you are only the father if you legitimize accourding to Thai law.

[muratremix]

Take your wife to Hk for birth, of course marry first! i hear its hard to take babies out of thailand after born so be extra careful.

[samran]

Take your wife to Hk for birth, of course marry first! i hear its hard to take babies out of thailand after born so be extra careful.

what nonsense. Both my children were born in Thailand, and there is no difficulty in taking children outside of Thailand.

[muratremix]

Take your wife to Hk for birth, of course marry first! i hear its hard to take babies out of thailand after born so be extra careful.

what nonsense. Both my children were born in Thailand, and there is no difficulty in taking children outside of Thailand.

Samran you look like Thai, what I'm talking about is Farang - Thai baby.

[samran]

Take your wife to Hk for birth, of course marry first! i hear its hard to take babies out of thailand after born so be extra careful.

what nonsense. Both my children were born in Thailand, and there is no difficulty in taking children outside of Thailand.

Samran you look like Thai, what I'm talking about is Farang - Thai baby.

Meet my daughter.

She is the one in the middle. Blond hair, blue eyes. Thai/Australian/NZ citizenship. She and my other daughter travel with no issues.

[Ezzer]

Hi All,

Thanks for all the responses. Situation is getting worst and worst and GF doesn't want to give birth in HK full stop.

My main point being that I from what I have read so far, if one parent is Chinese and has HK permanent residency, then child has a right to HK permanent residency (and thereby passport and also China "return home card) if no other nationality is taken up before.

Obviously if birth in Thailand then that will be that, right?

Or are there some "exit papers" one can get in Thailand instead of getting a nationality. However doesn't the child have to travel under his/her mother's passport? Doesn't that give the child a nationality?

Or what about registration in the Chinese embassy in Bangkok - will that help?

Thanks a lot guys. Really becoming a wreck here with this.

[deankham]

There is a hong kong expat forum all geoexpat. On there are some experts who will be able to give you some good advice.

As others have said China do not allow dual nationalities so if your baby gets a Thai nationality then you would have a very long process of getting this nationity denounced (spell?) before being allowed Chinese nationality.

Something you might find useful to know is that of course your daughter would be able to get a visa to live in hk easily as you are a hk permanent resident (assuming you still have this?) if she lives in hk for 7 years without a large break then she can also get a permanent hk residency.

Me and my wife although living in hk actually chose to come to Thailand to have our baby so she could get dual Thai / uk nationality and both passports. We then went straight back to hk and got her a hk dependent visa linked to me. Easy as pie, only took a few weeks to do everything.