Certificate of Entitlement for Mainland-Resident Children

Conclusion first: these children should not lodge ROP145 directly in Hong Kong

Chinese nationals born outside Hong Kong to Hong Kong permanent residents who are ordinarily resident in Mainland China, and who have the right of abode under paragraph 2(c) of Schedule 1 to the Immigration Ordinance (Cap. 115), must apply for a Certificate of Entitlement (CoE) through the exit and entry management department of the public security authority at their registered household location, where it will be verified by the Immigration Department. The Certificate of Entitlement is affixed to a one-way permit, and the applicant must enter Hong Kong to settle on the strength of that one-way permit. These applicants should not lodge an ROP145 application to verify eligibility for a permanent identity card directly in Hong Kong.

The Immigration Department’s Applying for the Right of Abode in the Hong Kong Special Administrative Region webpage clearly states that if an applicant qualifies to apply for a Certificate of Entitlement under section 2AB of the Immigration Ordinance (Cap. 115) but has not been issued that certificate, and is currently residing in Mainland China, they should not submit an application to verify eligibility for a permanent identity card. In other words, the application route is to apply for the Certificate of Entitlement in Mainland China first, rather than handling the eligibility verification directly in Hong Kong.

Key assessment: the right of abode depends on the parents’ status at the child’s birth

Paragraph 2(c) of Schedule 1 to the Immigration Ordinance provides that a Chinese national child born outside Hong Kong to a Chinese citizen enjoys the right of abode in Hong Kong if, at the time of the child’s birth, that Chinese national parent was a Chinese citizen born in Hong Kong or a Chinese citizen who had been ordinarily resident in Hong Kong for a continuous period of not less than seven years.

The point of assessment here is the time of the child’s birth, not any subsequent change in the parents’ status. Parents acquiring Hong Kong permanent resident status only afterwards does not give a previously born child the right of abode under paragraph 2(c). If, at the time of the child’s birth, the father or mother had not yet met the above condition, that child does not fall within the category described in paragraph 2(c).

For children who do not fall within paragraph 2(c), their route to Hong Kong must be enquired about with the exit and entry management department of the Mainland public security authority. This article does not fill in details of other schemes on its own, because the eligible persons and conditions of different schemes vary, and the latest requirements of the exit and entry management department of the public security authority must be followed.

Process breakdown: who lodges, to whom, and what the Immigration Department does

The principal applicant for a Certificate of Entitlement is a Chinese national child ordinarily resident in Mainland China who claims to have the right of abode in Hong Kong under paragraph 2(c) of Schedule 1. The applicant must submit the application through the exit and entry management department of the public security authority at their registered household location.

After examining the relevant information, the exit and entry management department of the public security authority will forward it to the Immigration Department of Hong Kong for verification. Following its verification, if the Immigration Department confirms the applicant is eligible, it will issue the Certificate of Entitlement.

To ensure applicants enter Hong Kong to settle lawfully and in an orderly manner, the Mainland exit and entry management department of the public security authority will, at the same time, issue them a one-way permit. The Certificate of Entitlement will be affixed to the one-way permit. When the applicant leaves Mainland China to enter Hong Kong to settle, it must be presented together to the Mainland border inspection officer for inspection.

The Immigration Department’s webpage explains that applicants may apply for a Certificate of Entitlement to the Right of Abode in the Hong Kong Special Administrative Region through the exit and entry management department of the public security authority at their registered household location. After examining the relevant information, the exit and entry management department of the public security authority will forward it to the Immigration Department of Hong Kong for verification.

After arrival: application forms for the permanent identity card

According to the Immigration Department, the Certificate of Entitlement must be affixed to a valid one-way permit in order to establish the right of abode in Hong Kong that the applicant claims to have; the specific registration arrangements for applying for a permanent identity card after arrival are subject to the latest requirements of the Registration of Persons Office of the Immigration Department.

It is also necessary to distinguish the forms used for eligibility verification applications in Hong Kong: the ROP145 completion notes of the Immigration Department state that applicants holding a one-way permit who are under the age of eighteen should complete application form ROP170, while other applicants should complete application form ROP145.

It should be noted that, when lodging an application to verify eligibility for a permanent identity card, the applicant must be physically present in Hong Kong and lawfully staying. Whether by post, by drop-in, or online, if the applicant is not physically in Hong Kong when lodging the application, the application will be terminated and will not be processed. This requirement applies to eligibility verification applications lodged in Hong Kong, and differs from the route of applying for the Certificate of Entitlement in Mainland China.

Common misconceptions: handling it directly in Hong Kong, entering first on a visit permit, and dependant visas

The first common misconception is the belief that, once the parents obtain Hong Kong permanent resident status, the children can directly handle the verification of eligibility for a permanent identity card in Hong Kong. The Immigration Department has clearly stated that a person who qualifies to apply for a Certificate of Entitlement but has not been issued it, and who is currently residing in Mainland China, should not submit this verification application. The correct route is to apply for the Certificate of Entitlement through the Mainland exit and entry management department of the public security authority.

The second common misconception is the belief that one can first enter Hong Kong on a visit permit and then change status. The Certificate of Entitlement must be affixed to a one-way permit, and the applicant must enter Hong Kong to settle on the strength of the one-way permit. The Immigration Department explains that the Certificate of Entitlement must be affixed to a valid one-way permit in order to establish the right of abode the applicant claims to have; entering Hong Kong on a visit or other permit cannot replace this procedure.

The third common misconception is treating the dependant visa as the preferred route for these children. The dependant visa and the Certificate of Entitlement apply to different eligible persons. The Certificate of Entitlement applies to Chinese national children who claim the right of abode in Hong Kong under paragraph 2(c) of Schedule 1 to the Immigration Ordinance; the dependant visa, by contrast, applies to other categories of dependants. The two should not be confused. This article does not spell out the conditions of the dependant visa, as that belongs to a separate application logic.

Enquiry channels: the Immigration Department and the Immigration Section of the Beijing Office

If you have any questions, you may contact the Immigration Department of Hong Kong. The Right of Abode Section of the Immigration Department is responsible for applications to verify eligibility for a permanent identity card. In addition, the Hong Kong Special Administrative Region Government’s Beijing Office has an Immigration Section that can assist Hongkongers with enquiries. According to the Beijing Office’s frequently asked questions material, you may contact the Immigration Section of the Beijing Office by calling (86 10) 6657 2880 extension 311 during office hours (excluding Mainland public holidays).

The Beijing Office’s material also points out that a child born in Mainland China who wishes to go to Hong Kong to settle must declare to the Immigration Department of Hong Kong through the Mainland public security authority, where the Immigration Department of Hong Kong will carry out the verification. To ensure that Chinese national children born in Mainland China to Hong Kong permanent residents who enjoy the right of abode enter Hong Kong to settle lawfully and in an orderly manner, the one-way permit issued by the Mainland exit and entry management department of the public security authority and the Certificate of Entitlement issued by the Immigration Department of Hong Kong work in concert.

Summary: the route depends on the parents’ status at the child’s birth

Chinese national children born in Mainland China to Hong Kong permanent residents who meet paragraph 2(c) of Schedule 1 to the Immigration Ordinance must apply for a Certificate of Entitlement through the Mainland exit and entry management department of the public security authority, to be verified by the Immigration Department, with the Certificate of Entitlement affixed to a one-way permit for settlement in Hong Kong. The identity card registration arrangements after arrival are subject to the latest requirements of the Immigration Department.

If the parents had not yet met the conditions of paragraph 2(c) at the time of the child’s birth, then the child does not fall within the category described in that paragraph, and their route to Hong Kong must be enquired about with the Mainland exit and entry management department of the public security authority. All application details, required documents and processing arrangements are subject to the latest requirements of the exit and entry management department of the public security authority and the Immigration Department.

Frequently asked questions

Q: The father is a Hong Kong permanent resident; what is the method and process for a junior secondary school-aged child to apply to go to Hong Kong?

A: If the child is ordinarily resident in Mainland China and, at the time of birth, the father was already a Chinese citizen born in Hong Kong or a Chinese citizen who had been ordinarily resident in Hong Kong for a continuous period of not less than seven years, the child may apply for a Certificate of Entitlement through the exit and entry management department of the public security authority at the registered household location. After examination by the public security authority, it will be forwarded to the Immigration Department for verification. Once the Certificate of Entitlement is issued, it will be affixed to a one-way permit, and the child will enter Hong Kong to settle on the strength of that one-way permit.

Q: The parents are Hong Kong permanent residents; how long does it take for a child who has reached the age of eighteen to apply for Hong Kong permanent residency?

A: The processing time is subject to the latest requirements of the exit and entry management department of the public security authority and the Immigration Department. This article does not provide a specific processing duration. The key is whether the parents already met the conditions of paragraph 2(c) of Schedule 1 at the time of the child’s birth. If they did, the Certificate of Entitlement must be applied for in Mainland China; if not, the child does not fall within that paragraph’s category, and other routes must be enquired about with the Mainland exit and entry management department of the public security authority.

Q: What documents are required to apply for a Certificate of Entitlement?

A: The required documents are subject to the latest requirements of the exit and entry management department of the public security authority and the Immigration Department; please enquire with the exit and entry management department of the public security authority at the registered household location for the specific document checklist. The core of the assessment is whether the father or mother met the conditions of paragraph 2(c) of Schedule 1 at the time of the child’s birth.

Q: The parents originally held Mainland household registration; what is the process for a child to settle as a Hong Kong permanent resident?

A: If the child meets paragraph 2(c) of Schedule 1, a Certificate of Entitlement must first be applied for in Mainland China, and once issued it will be affixed to a one-way permit, on the strength of which the child enters Hong Kong to settle. The identity card registration after arrival is subject to the latest arrangements of the Immigration Department. If paragraph 2(c) is not met, enquiries must be made with the Mainland exit and entry management department of the public security authority.

Q: If the parents only obtained Hong Kong permanent residency afterwards, can a previously born child apply under paragraph 2(c)?

A: No. The point of assessment under paragraph 2(c) is the time of the child’s birth. If, at the time of the child’s birth, the father or mother had not yet met the condition of being “a Chinese citizen born in Hong Kong” or “a Chinese citizen who had been ordinarily resident in Hong Kong for a continuous period of not less than seven years”, that child does not fall within the category described in paragraph 2(c). Their route to Hong Kong must be enquired about with the Mainland exit and entry management department of the public security authority.

Further reading

• How children and spouses of Hong Kong permanent residents come to Hong Kong: right of abode verification, Certificate of Entitlement and dependant visa
• What is the difference between a Hong Kong temporary identity card and a permanent identity card? A comparison of one-way permit, right of abode and rights