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Asked by Ray from Canada | Jun. 15, 2018 00:02
About:144-Hour Visa-Free Transit

Should I apply for regular Visa (Canadian citizen) if I am likely to be rejected (no birth certicate

I would prefer to get a regular 10 year max. visa. but the Toronto China Application Centre said I will likely be rejected because of not having a Hong Kong (where I was born) birth certificate. Do they keep a record of the rejected application and potentially deny me the 144 hr free transit in Beijing?

BTW, I left Hong Kong in 1975 when I was 8 years old. I heard that if an applicant immigrated to Canada for more than 20 years, original landed document or citizenship card will apply and a birth certifcate is not necessary. Is this correct?

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Answered by John Doe | Jun. 15, 2018 07:38
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Birth in HK would confer automatic Chinese citizenship if you are of Chinese ancestry which will make you eligible for an HKSAR passport and an HK ID card. In this case you will not lose Chinese citizenship by naturalizing in another country and some consulates (Toronto being one of them) have refused visas to this group of people on the ground that they are not foreign. Unless your Chinese citizenship is renounced, the lawful way is for you to obtain a Home Return Permit but that requires applying for an HKSAR passport and ID card first. I've never heard of the 20-year rule and some migrants who have lived in Canada for decades have had their visas refused.

Onto whether you are eligible for visa-free transit: if you do not have a visa refusal stamp in your passport then it should be OK to immigration (although the most orthodox way is still to travel with HRP and HKSAR passport). If you do, you need a new passport as immigration will not let you in as long as there is a refusal stamp.
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