Hong Kong Permanent Residency and Renouncing Foreign Nationality

Introduction

More than 25 years after the establishment of the Hong Kong Special Administrative Region, one question continues to trouble people who plan to settle here or who already live here: the status of “Hong Kong permanent resident” and the status of “Chinese citizen” are constantly treated as if they were the same thing. Migrant families who intend to make Hong Kong their long-term home often assume that obtaining a permanent identity card bearing the “three stars” is the same as having completed naturalisation, holding Chinese citizenship and being able to travel on a Hong Kong SAR passport. The reality is far more complicated. Under the Immigration Ordinance (Cap. 115) and the arrangements for the application of the Nationality Law of the People’s Republic of China in Hong Kong, permanent resident status is a concept of immigration control, while Chinese citizenship is a concept of nationality law; the two differ sharply in their legal consequences, their application requirements and their tolerance of dual nationality. For applicants who originally held a foreign passport in particular, becoming a full Chinese citizen involves one irreversible legal step: voluntarily renouncing their foreign nationality and filing a legally effective declaration with the Hong Kong Immigration Department. Drawing on the statutory provisions, policy practice and the data, this article untangles the relationship between permanent residency, naturalisation as a Chinese citizen and renunciation of foreign nationality, and examines the reality that dual nationality has never been recognised in the Hong Kong SAR.

The legal threshold for permanent residency: seven years in Hong Kong and the “ordinary residence” test

Hong Kong permanent resident status is defined in Schedule 1 to the Immigration Ordinance. For a person who is not of Chinese nationality, the core requirement is to have “ordinarily resided in Hong Kong for a continuous period of not less than seven years”, without having breached any immigration restriction in that period. In its guidelines on verification of the right of abode (https://www.immd.gov.hk/hks/services/right-of-abode-in-hksar/verification.html), the Immigration Department sets out clearly that an applicant must show Hong Kong to be their only place of permanent residence; temporary absences do not break the continuity of “ordinary residence”, although the number, duration and nature of those absences will be taken into account. Take the applications to verify eligibility for a permanent identity card received by the Immigration Department between 2020 and 2022: some 30,000 to 40,000 cases were handled each year, covering Mainland residents who came to Hong Kong on One-way Permits, holders of dependant visas, and non-Chinese nationals who came to work or under investment immigration. According to Immigration Department statistics, more than nine in ten are approved, but only where the applicant has completed seven years of continuous residence and passed the identity check.

It is worth noting that, under paragraph 2(d) of Schedule 1 to the Immigration Ordinance, a person of non-Chinese nationality who has obtained Hong Kong permanent resident status may lose that status if they are away from Hong Kong for a continuous period of 36 months or more. This “revocable” quality is quite different from the right of abode held by Chinese citizens, which is affected only by a change of nationality. Permanent residency is therefore not “naturalisation”; it is closer to a privilege granted by way of immigration permission. The holder enjoys only the right to land, the right to remain and protection from removal, and does not automatically acquire the nationality status of a Chinese citizen.

Defining Chinese citizenship: the bloodline principle and the Immigration Department’s interpretation

The Nationality Law of the People’s Republic of China has been applied in Hong Kong since 1 July 1997 through Annex III to the Basic Law of the Hong Kong Special Administrative Region, and is regulated in detail by the Chinese Nationality (Miscellaneous Provisions) Ordinance (Cap. 540). In 1996, the Standing Committee of the National People’s Congress issued the Explanations on Certain Questions Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region (the “1996 Explanations”), which set out a clear framework for the Chinese citizenship of Hong Kong residents. Under those Explanations, a person of Chinese nationality born in Hong Kong is a Chinese citizen if, at the time of their birth, both or one of their parents was a Chinese citizen and had not settled outside China; even if that person also holds a foreign passport, the foreign passport is treated merely as a travel document and does not affect their status as a Chinese citizen.

When verifying eligibility for a permanent identity card, the Hong Kong Immigration Department examines whether an applicant is of Chinese descent by reference to section 2 of the Chinese Nationality (Miscellaneous Provisions) Ordinance and the 1996 Explanations. If the person is confirmed to be a Chinese citizen, they may keep Chinese nationality without giving up any foreign passport. But if that person voluntarily acquires foreign nationality — because they have settled abroad, for example — then under Article 9 of the Nationality Law, “any person who has settled abroad and who has voluntarily joined or acquired a foreign nationality shall automatically lose Chinese nationality”, and they must report the change of nationality to the Immigration Department. According to the Immigration Department’s page on Chinese nationality services (https://www.immd.gov.hk/hks/services/chinese_nationality.html), from July 1997 to December 2021 more than 17,000 people reported the renunciation of Chinese nationality. For Hong Kong residents who were not originally of Chinese nationality, therefore, “naturalising as a Chinese citizen” is a separate nationality-change procedure which must be applied for through the Immigration Department under Article 7 of the Nationality Law. That article sets out the conditions for acquiring Chinese nationality: a foreign national or stateless person who is willing to abide by China’s Constitution and laws and who satisfies one of the following conditions — being a close relative of a Chinese national, being settled in China, or having other legitimate reasons. In practice in Hong Kong, holding Hong Kong permanent resident status and having lived in Hong Kong over a long period is already treated as being “settled in China”, which provides the basis for a naturalisation application.

The statutory process for naturalising as a Chinese citizen and the declaration of renunciation

An application for Chinese nationality made to the Immigration Department must be submitted on the “Application for Naturalisation as a Chinese National” form (ROP 8), together with a substantial body of supporting documents as required. Under the Immigration Department’s guidance on applications for naturalisation as a Chinese national (https://www.immd.gov.hk/hks/services/chinese_nationality/join_Chinese_nationality.html), an applicant must provide a birth certificate, recent photographs, proof of residence in Hong Kong, a valid travel document and documentary proof of their existing nationality. Most critically, before approval is granted the Department requires a “certificate of renunciation of nationality” or “certificate of loss of nationality” issued by the competent authority of the applicant’s country of former nationality, in order to satisfy the mandatory requirement of Article 8 of the Nationality Law that “persons who have been approved to naturalise as Chinese nationals shall not retain foreign nationality”.

In practice, the applicant must first complete the renunciation formalities at the consulate of the country concerned, obtain official written confirmation, and then hand the original certificate to the Immigration Department. Processing time varies with the complexity of the case; counted from the date the Immigration Department receives all the required documents, it generally takes 6 to 12 months. According to figures published by the Immigration Department, in 2021 it received around 250 applications to naturalise as a Chinese national, of which about 200 were approved — an approval rate of roughly four in five — with the United Kingdom, the United States and Canada accounting for more than six in ten of applicants’ former nationalities. Successful applicants can then apply for a Hong Kong SAR passport and a Home Return Permit. The naturalisation process is therefore not merely time-consuming; it also carries the legal consequence of giving up the original nationality. Once it is complete, every right to consular protection and every right of residence attaching to the former nationality is extinguished. It should also be noted that some countries impose an “expatriation tax” on those who renounce their nationality (the United States, for example); applicants need to plan for the tax implications in advance, so as not to take on an unforeseen financial burden in the course of changing nationality.

The prohibition on dual nationality: the law and how it is enforced

Article 3 of the Nationality Law of the People’s Republic of China states expressly that “the People’s Republic of China does not recognise dual nationality for any Chinese citizen”. This is a mandatory provision with no exceptions, and it applies directly in the Hong Kong Special Administrative Region. In its frequently asked questions on nationality matters in the Hong Kong SAR (https://www.immd.gov.hk/hks/faq/nationality.html), the Immigration Department restates the position: “China does not recognise dual nationality. After you have acquired Chinese nationality, you must renounce your original foreign nationality.” Accordingly, any Hong Kong resident who tries to retain a foreign passport from the United Kingdom, the United States, Canada, Australia or elsewhere while acquiring Chinese nationality is acting in breach of the Nationality Law. The legal consequences include the Immigration Department being able to revoke that person’s Chinese nationality; the foreign passport carries no entitlement to consular protection within China (including Hong Kong), and cannot be used to ask a foreign government to intervene.

It is worth noting that the 1996 Explanations allow one special group — Hong Kong Chinese citizens who acquired foreign nationality before the handover — to continue to be regarded as Chinese citizens if they have not reported a change of nationality to the Immigration Department, with their foreign passports serving only as travel documents. But this group did not acquire Chinese status through “naturalisation”; theirs is a one-off arrangement made for the historical transition. New applicants for naturalisation today must comply strictly with the requirement to renounce their original nationality, and there is no scope for exemption. In addition, since September 2018 the Hong Kong Immigration Department has provided an electronic “notification of change of nationality” service, allowing Hong Kong residents who have lost Chinese nationality or voluntarily renounced it to notify the Department on Form ROP 1. The change data recorded in the system is cross-checked against the reporting mechanisms of consulates, further closing off the grey areas around dual nationality.

The mismatch between permanent residency, naturalisation and the right of abode: the limits on non-Chinese permanent residents

Another area in which many migrants are confused is the belief that a permanent identity card confers the full set of civil and political rights enjoyed by Chinese citizens. In fact, under Article 24 of the Basic Law and Schedule 1 to the Immigration Ordinance, non-Chinese Hong Kong permanent residents have the right to land and freedom from removal, but not certain core rights of Chinese citizens, such as applying for a Hong Kong SAR passport, taking up some senior posts in the civil service, and — most importantly — holding a right of abode that is not lost through prolonged absence. Once a non-Chinese permanent resident has been outside Hong Kong for a continuous period of 36 months, the Director of Immigration may declare that their permanent resident status has ceased. By contrast, the right of abode of a permanent resident who is a Chinese citizen is not cancelled by reference to how long they have been away.

On the principle of non-recognition of dual nationality, a non-Chinese permanent resident who wishes to naturalise as Chinese must first renounce their foreign nationality and apply to acquire Chinese nationality; only after becoming a Chinese citizen can they apply for an SAR passport. For those who are “deemed to be Chinese citizens” by virtue of the 1996 Explanations, obtaining full and unquestioned Chinese citizenship usually requires no more than verification of status, with no need to surrender a foreign passport; but if such a person voluntarily applies to acquire a foreign nationality, Chinese nationality is lost with immediate effect, which is the direct operation of Article 9 of the Nationality Law. This mismatch frequently leads applicants to believe that obtaining permanent residence is the same as “naturalising in Hong Kong”. In truth, there is no “Hong Kong nationality” existing independently of China’s sovereignty; all nationality matters are governed by the Nationality Law. Permanent residence is only an immigration status, and naturalisation is the sole route to the status of Chinese citizen.

Practical steps and common misconceptions

Based on Immigration Department policy and observed practice, the following misconceptions are the most common:

1. Equating the “three stars” with Chinese nationality: the “three stars” on a permanent identity card indicate only that the holder is a permanent resident of Chinese nationality. The identity cards of non-Chinese permanent residents show a different mark (such as “CX”, or three asterisks, together with a label indicating the foreign nationality). Applicants must check carefully.
2. Believing that dual nationality is tacitly permitted in Hong Kong: it is sometimes said in popular circles that “getting through immigration with two passports is no problem”. This is misleading. When Hong Kong Customs examines travel documents and finds the same person holding both a Chinese and a foreign passport without having declared a change of nationality, the matter may be referred to the Immigration Department for follow-up. In serious cases this may constitute the offence of making a false statement, which carries a maximum penalty of a fine of HK$150,000 and imprisonment for 14 years.
3. Applying for naturalisation before renunciation has been completed: the Immigration Department will not accept a naturalisation application that is not accompanied by proof of renunciation. Applicants must patiently complete the formalities at the consulate of their country of origin, which generally takes 3 to 12 months depending on the administrative efficiency of that country. The renunciation procedure of the United States Department of State, for example, takes a very long time, requires payment of an administrative fee of US$2,350 and an oath taken in person at a consulate; only after the Certificate of Loss of Nationality (CLN) has been obtained can the papers be filed with the Hong Kong Immigration Department.
4. Overlooking the tax consequences: some countries (the United States, for example) levy an “expatriation tax” (Exit Tax) on those who give up their nationality. Hong Kong naturalisation applicants who fail to plan properly may have to bear a very heavy tax burden. This is an element of naturalisation planning that cannot be ignored.
5. Treating the move from a dependant visa to permanent residency as a short cut: a non-Chinese dependant who has lived in Hong Kong for seven years can obtain permanent residency, but does not automatically become a Chinese citizen. If they wish to obtain an SAR passport, they must still go through the procedure of acquiring Chinese nationality and renouncing their original nationality, exactly as any other non-Chinese national must.

Conclusion

The boundary between Hong Kong permanent residence and naturalisation as a Chinese citizen reflects the dual-track character of the SAR legal system: immigration law governs who may stay, while nationality law determines who is Chinese. For migrant communities whose aim is ultimately to settle in Hong Kong and to hold an SAR passport, a correct grasp of three bottom lines — that permanent residency is not the end point, that naturalisation requires renunciation of the original nationality, and that dual nationality is simply impossible — is an essential premise for planning the decades ahead. Before making any decision about a change of nationality, every applicant would be well advised to read the contents of the Immigration Department’s statutory forms carefully, to consult a lawyer familiar with nationality law, and to work out in advance the time and money that will be involved.

This article is for information only and does not constitute legal advice. For legal advice on an individual case, a licensed legal professional should be consulted.