If the applicant pays by cheque or bank draft, it should be crossed and made payable to The Government of Hong Kong Special Administrative Region. If the applicant is under the age of 18 and married, he/she should produce his/her marriage certificate and consent from his/her parent/legal guardian is not required for the application. immediately before the establishment of the HKSAR, he/she had the right of abode in Hong Kong only. If the person has lived in Belgium for over 10 years. Applicants can submit their applications in person or by post to : Nationality Sub-sectionTravel Documents and Nationality (Application) SectionImmigration Department4/F, Immigration Tower7 Gloucester RoadWan ChaiHong Kong, Underpaid mail items will not be accepted by the Immigration Department. There are also conditions related to integration which vary depending on situations. The Belgian legislator wanted for the acquisition of the nationality not to become a shortcut for immigration. More information is available through the following link. The following definitions will help the applicant understand the conditions under which the right of abode is extended to foreign nationals. The application for Belgian nationality is made at the commune city hall. The applicant will also be able to re-acquire the right of abode if he/she subsequently satisfies the requirements applicable to a non-Chinese citizen in paragraph (b)1 above. If the applicant is aged 18 or above, he/she should produce the following documents and photocopies upon application: If the applicant is under the age of 18, the application should be made by his/her parent or legal guardian. For applications submitted by post from overseas, the bank draft should be drawn on a bank in the HKSAR in HK or US Dollars (HK$145 or US$19). No cash should be sent along with the application. The new legislation also gives a definition for ‘serious personal facts’, which can take form of a sentence for fiscal fraud or previous participation in a movement or association that is deemed a threat to state security, and which can be an obstacle to gaining Belgian citizenship. Application for Restoration of Chinese Nationality, Consequences of Declaration in Relation to Right of Abode in the HKSAR, Application for Declaration of Change of Nationality, Circumstances in which the applicant will, Application for Renunciation of Chinese Nationality. A Certificate of Origin Declaration of Origin (often abbreviated to C/O or CO or DOO) is a document widely used in international tradetransactions which attests that the product listed therein has met certain criteria to be considered as originating in a particular country. Naturalisation must not be confused with the nationality declaration, which is considered a right. However, the collection of fee does not constitute any guarantee or assurance that the applicant’s declaration of change of nationality will be approved. The application should normally be made while the applicant is in Hong Kong. he/she has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his/her place of permanent residence before or after the establishment of the HKSAR (the applicant is required to make a declaration in the form which the Director of Immigration stipulates that he/she has taken Hong Kong as his/her place of permanent residence); or, he/she is under 21 years of age and was born in Hong Kong before or after the establishment of the HKSAR, provided that at the time of his/her birth or any time thereafter before he/she attains the age of 21, one of his/her parents has the right of abode in Hong Kong (the applicant has to re-qualify for the right of abode as other foreign nationals do when he/she reaches the age of 21); or. However, if the applicant does not provide sufficient information, the Immigration Department may not be able to process his/her declaration. Altea offers advice by expert lawyers, adapted to your personal situation. If the applicant submits the application in person to a Chinese Diplomatic and Consular Mission, he/she will have to show the original supporting documents for verification. Action may be taken against him/her in accordance with the law. Form ROP18: Notification of Change of Particulars Previously Registered. Name. he/she has been absent from Hong Kong for a continuous period of not less than 36 months since he/she ceased to have ordinarily resided in Hong Kong. The candidate must establish that it is impossible for him to obtain it any other way (for example by declaration) and must demonstrate exceptional qualities, for example on the athletic, artistic or academic level. Contact Céline Verbrouck or Catherine de Bouyalski, specialist lawyers in immigration law and international family law, certified by the Order of Lawyers of the Bar of Brussels. A certificate of origin / declaration of origin is generally prepared and completed by the exporter or the manufacturer, and may be subject to official certification by an authorized third party. The attribution of the Belgian nationality by naturalisation is not a right, but rather a favour the Belgian state can grant. (Details). In the case of adoption, the relationship of a parent and adopted child is considered to exist only if the child is adopted in Hong Kong in accordance with the Adoption Ordinance (Cap 290). State Rep. The Belgian legislator wanted for the acquisition of the nationality not to become a shortcut for immigration. Age in 1776. he/she is not subject to any limit of stay in Hong Kong. On top of the documents listed above, he/she should also produce proof of relationship with his/her parent or legal guardian, e.g., For applications submitted directly to the HKSAR Immigration Department. The application will be approved if the applicant meets the following requirements: Nationality Law of the People’s Republic of China and the “Explanations”. A fee of HK$145 is payable upon submission of application. The applicant can do so by post using form ROP18, which can be downloaded through the following link. If such Hong Kong residents holding foreign passports choose to be treated as foreign nationals in the HKSAR, they may make declarations of change of nationality to the HKSAR Immigration Department. As well as people bought involuntary to the new World (See The Declaration … The fee paid is non-refundable in all circumstances. To process the applicant’s application for declaration of change of nationality; To administer the Nationality Law of the People’s Republic of China and the Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region” adopted by the Standing Committee of the National People’s Congress on 15 May 1996; To administer/enforce relevant provisions of the Immigration Ordinance (Chapter 115); Immigration Service Ordinance (Chapter 331) and to assist in the enforcement of any other Ordinances and Regulations by other government bureaux and departments through carrying out immigration control duties; To process other person’s application for immigration facilities in which the applicant is named as a sponsor or referee; For statistical and research purposes on the condition that the resulting statistics or results of the research will not be made available in a form which will identify the data subject or any of them; and. If the applicant chooses to declare a change of his/her nationality, he/she should note that it may affect his/her right of abode in the HKSAR. If the cheque or bank draft is not drawn on a bank in the HKSAR or not in HKSAR currency, the applicant should also include a bank handling charge of HK$100 (or US$13) in the same cheque or bank draft. Circumstances in which the applicant can continue to enjoy the right of abode in the HKSAR. They are not entitled to consular protection in the HKSAR and other parts of the People's Republic of China notwithstanding that they hold or have held British Dependent Territories Citizen passports, British National (Overseas) passport, or any other foreign passports. Number of Marriages. Upon approval, they will no longer be regarded as Chinese citizens and can enjoy consular protection from the country of their declared nationality. The applicant will continue to enjoy the right of abode in Hong Kong after his/her declaration of change of nationality has been approved if: (a) the applicant had the right of abode in Hong Kong before 1 July 1997, AND, (b) the applicant is able to meet the criteria applicable to a non-Chinese citizen –, Circumstances in which the applicant will lose his/her right of abode in the HKSAR. … during any period of imprisonment or detention pursuant to the sentence or order of any court. he/she is aged 18 or over and of sound mind (if the applicant is aged under 18, the declaration should be made by his/her parent or legal guardian); he/she is a Chinese national under the CNL, as explained by the Standing Committee of the National People's Congress; he/she is able to produce evidence (such as a foreign passport) to show that he/she has a foreign nationality; “there is no indication that the documents he/she uses to prove his/her foreign nationality are forged or have been obtained by illegal means; and. If the applicant is outside Hong Kong, he/she can send the application directly by post to the HKSAR Immigration Department at the above address or submit it in person at the nearest Chinese Diplomatic and Consular Mission. he/she will not become a stateless person after disclaiming Chinese nationality. Under regulation 18 of the Registration of Persons Regulations, the applicant is required to report any change in particulars (such as nationality claimed) that he/she has submitted in the registration for identity card to the Registration of Persons Office. Boulevard Louis Schmidt 56, 1040 Etterbeek - Belgium. Alternatively, the applicant can provide the name and address of a local referee who will pay the fee on his/her behalf after receiving notification from the Immigration Department. Altea covers many intertwining areas but the firm’s lawyers all have an interest in defending human rights. USA.gov, The U.S. National Archives and Records Administration The applicant has the right to request access to and correction of his/her personal data as provided for in sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance. Occupation. After the application for declaration of change of nationality has been approved, the applicant will be issued with a letter confirming the registration of the change. 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 regarded as Chinese citizens. Applicants can download the application forms and guides at the following links: Form ID869A: A Guide for Applicants – Declaration of Change of Nationality, Form ID869: Declaration of Change of Nationality (For persons aged 18 or over), Form ID870: Declaration of Change of Nationality (For persons aged under 18), Form ID920A: A Guide for Overseas Applicants – Declaration of Change of Nationality, Form ID920: Declaration of Change of Nationality – for overseas (For persons aged 18 or over), Form ID921: Declaration of Change of Nationality – for overseas (For persons aged under 18), Form ID926: Processing Form for Overseas Application for Declaration of Change of Nationality, Form ID928: Fee Payment Form for Overseas Application for Declaration of Change of Nationality, (These forms are also available in Chinese Diplomatic and Consular Missions.).