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Immigration Law

What is immigration law? It is the name given to a branch of law that covers citizenship which includes the gain and loss of citizenship, the admission and removal of aliens from the country. Immigration law relates to those immigrants who wish to gain permanent residence in Hong Kong or non-immigrants who wish to seek temporary entry into Hong Kong. Those who seek temporary residence into Hong Kong are therefore non-immgrants who are visa dependent.

Hong Kong Citizenship

A person is ordinarily resident if he remains in the HKSAR legally, voluntarily and for a settled purpose such as education, business, employment or residence, whether of short or long duration.

The following persons are permanent residents (PR) in the HKSAR:-

  1. Chinese citizens born in Hong Kong.
  2. Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years.
  3. Persons of Chinese nationality born outside Hong Kong to parents who is a PR.
  4. Persons not of Chinese nationality who entered Hong Kong legally and have ordinarily resided in Hong Kong for a continuous    period of seven years or more.
  5. Persons under 21 years of age born in Hong Kong to parents who is PR.

Canadian Citizenship

Before establishment of The New Citizenship of Canada Act 1999, the Canadian government urged people born abroad between 1946 and 1977 to register as citizens as soon as possible. The Citizenship Act 1977 allowed people born to a Canadian father or mother to apply for citizenship under that Act. In this essay, we shall investigate the reasons behind this by introducing the history of citizenship in Canada and further developments.

Citizenship Act 1946
Citizenship Act 1977
Further Developments

Significant Changes for Canadian Permanent Residents

Changes to the Immigration and Refugee Protection Act SC 2001 coming into force as of June 28 2002 will affect the status of Canadian Permanent Residents ("CPRs"). All CPRs will be required to obtain appropriate documentation and obtain new status documents that will be required to board commercial aircraft. CPR status will be maintained by physical residency requirements. However, there will no longer be the need to obtain a returning resident permit.

United Kingdom Citizenship

After Jan 1983 the following persons are defined as British citizens:-

  1. Children born in U.K. with at least one of their parents being a British citizen.
  2. Foundlings.
  3. Persons born in U.K. one of whose parents subsequently becomes resident.
  4. By settling in the UK
  5. By living in the UK for a ten year period.
  6. Children adopted by order of a UK court.
  7. Children born overseas to British citizens.
  8. Persons registered by Secretary of States as British citizens.

Persons may renounce British citizenship if they have another nationality or citizenship.

Persons born outside U.K. with certain family connections with U.K. British Citizens by descent.

Persons who are British dependent territories citizens, British overseas citizens or British subjects. Citizens of countries belonging to commonwealth have commonwealth citizenship.