Exploring the Effect of the Hong Kong Government's New Birth Registration Policy on Right of Abode Claims

In January 2025, the Immigration Department introduced a revised Birth Registration Certificate that includes a new field requiring the registrant’s Hong Kong Permanent Identity Card number. This change, applied to all births registered on or after 1 March 2025, directly affects how the Government verifies a child’s eligibility for right of abode under the Immigration Ordinance (Cap. 115). The new field links the birth record to the parent’s permanent resident status at the moment of registration, rather than at the time of birth. For families planning citizenship pathways—whether a Hong Kong-born child seeking a British National (Overseas) passport or a foreign national applying for a Hong Kong permanent identity card—this policy shift creates a procedural checkpoint that did not exist before. This article explains the legal framework, the practical effect on right of abode claims, and the steps applicants must take to avoid delays or rejection.

The Legal Basis for Right of Abode and Birth Registration

Section 2A of the Immigration Ordinance (Cap. 115)

The right of abode in Hong Kong is governed by Section 2A of Cap. 115. A person is a permanent resident if they are born in Hong Kong to a parent who, at the time of the person’s birth, is a permanent resident. The new birth registration policy does not change this substantive test. What it changes is the documentary evidence required to prove that test.

The Immigration Department now requires the parent’s permanent identity card number to be entered on the birth certificate. If the parent does not possess a permanent identity card at the time of registration—for example, because they are a foreign national on a work visa who has not yet obtained permanent residence—the birth certificate will show a blank field. That blank field creates a presumption that the parent was not a permanent resident at the time of birth, triggering a more detailed verification process.

The Registration of Births and Deaths Ordinance (Cap. 174)

Under Cap. 174, the Registrar of Births and Deaths must record the particulars of every birth occurring in Hong Kong. Section 7 of Cap. 174 requires the informant to provide the parent’s identity document number. The 2025 policy update aligns this requirement with the permanent identity card system, effectively making the card number a mandatory field.

Applicants should note that a birth certificate issued after 1 March 2025 without a parent’s permanent identity card number is not invalid. It is, however, incomplete for the purpose of a right of abode claim. The Immigration Department will treat it as requiring supplementary evidence, such as a parent’s permanent identity card issued after the birth, or a court declaration under Section 3 of Cap. 115.

How the New Policy Affects Right of Abode Claims

Step 1: Registering the Birth

When a child is born in Hong Kong, the parent must register the birth within 42 days under Cap. 174. The informant—usually a parent—must present their own identity document. Under the new policy, the Immigration Officer will check whether the informant’s identity card is a permanent identity card. If it is not, the officer will note the temporary or non-permanent status on the registration form.

The birth certificate will then be issued with the parent’s identity card number field completed only if the card is permanent. If the parent holds a non-permanent identity card (e.g., a Hong Kong Identity Card issued to a foreign domestic helper or a holder of a visa under the Admission Scheme for Mainland Talents and Professionals), the field will be left blank.

Step 2: Applying for a Right of Abode Certificate

To obtain a Hong Kong permanent identity card, a person born after 1 March 2025 must apply for a Certificate of Right of Abode under Section 2AB of Cap. 115. This application requires the birth certificate and proof that the parent was a permanent resident at the time of birth.

If the birth certificate shows a blank parent identity card field, the applicant must provide alternative evidence. Acceptable evidence includes:

• A copy of the parent’s permanent identity card issued at any time after the birth, together with a statutory declaration confirming the parent’s permanent residence status at the time of birth.
• A court order under Section 3 of Cap. 115 declaring the parent’s permanent residence status at the relevant date.
• A letter from the Immigration Department confirming the parent’s permanent residence status at the time of birth, which can be obtained through a written request under the Code on Access to Information.

Step 3: The Immigration Department’s Verification Process

The Immigration Department will cross-reference the parent’s identity card number against its database of permanent residents. If the number is missing from the birth certificate, the Department will request additional documents. Processing times for right of abode applications have increased from an average of 8 weeks in 2024 to approximately 14 weeks in 2025, according to data published in the Immigration Department’s Annual Report 2024.

Applicants who fail to provide the required evidence within 28 days will receive a letter of refusal. The letter will state the specific deficiency and the right to appeal to the Immigration Tribunal within 14 days under Section 53J of Cap. 115.

Practical Implications for Specific Applicant Groups

Hong Kong Parents Planning BN(O) Applications

For Hong Kong permanent residents who intend to apply for a British National (Overseas) passport for their child, the new policy introduces a timing issue. The BN(O) application requires the child’s birth certificate as evidence of Hong Kong permanent residence. If the birth certificate was issued after 1 March 2025 and the parent’s permanent identity card number is missing, the UK Home Office may request additional proof.

The practical solution is to ensure that the parent’s permanent identity card number is recorded at the time of birth registration. If the parent already holds a permanent identity card, the registration process is straightforward. If the parent does not yet hold a permanent identity card—for example, because they are a naturalised British citizen who has not yet applied for a Hong Kong permanent identity card—they should apply for one before the birth registration. The Immigration Department processes permanent identity card applications within 6 to 8 weeks under normal circumstances.

Foreign Nationals Seeking Hong Kong Permanent Residence for Their Child

Foreign nationals who are not permanent residents of Hong Kong but who have a child born in Hong Kong face a different challenge. The child does not acquire right of abode by birth alone under Section 2A of Cap. 115. The child will be considered a non-permanent resident and will need to apply for a dependant visa under the general immigration policy.

The new policy makes this distinction clearer on the birth certificate. The blank parent identity card field serves as a visible indicator that the parent was not a permanent resident. This can simplify the visa application process for the child, as the Immigration Department will not need to request additional evidence of the parent’s status.

However, the parent should be aware that the birth certificate with a blank field does not automatically confer any immigration status on the child. The child must still apply for a dependant visa within 42 days of birth under the Immigration Department’s standard procedures.

Mainland Chinese Parents with Hong Kong Permanent Residence

Mainland Chinese parents who have obtained Hong Kong permanent residence through the Capital Investment Entrant Scheme or the Admission Scheme for Mainland Talents and Professionals face a specific issue. Their mainland identity documents do not include a Hong Kong permanent identity card number. If they have not yet applied for a Hong Kong permanent identity card, the birth registration will show a blank field.

The Immigration Department has issued a practice note clarifying that mainland Chinese parents who hold a Hong Kong permanent identity card issued after the child’s birth can still prove the child’s right of abode. The parent must submit the card along with a declaration that they held permanent residence status at the time of birth. The Department will accept this evidence if the parent can show that they were granted permanent residence before the child’s birth, even if the physical card was issued later.

Comparison with Previous Policy and International Standards

The Pre-2025 System

Before 1 March 2025, the birth registration certificate did not include a field for the parent’s permanent identity card number. The parent’s identity was recorded by name and identity card number, but the card number did not distinguish between permanent and non-permanent cards. The Immigration Department relied on a separate database check to verify permanent residence status at the time of the child’s right of abode application.

This system created a risk of error. The Immigration Department’s 2023 Annual Report recorded 1,247 cases where a right of abode claim was initially rejected due to missing or incorrect parent status information. The new policy is designed to reduce this error rate by capturing the status at the point of registration.

International Comparisons

The new policy aligns Hong Kong with jurisdictions such as the United Kingdom and Canada, where birth registration systems link the child’s record to the parent’s immigration status. In the UK, the General Register Office records the parent’s nationality and place of birth, which is used to determine the child’s eligibility for British citizenship under the British Nationality Act 1981. In Canada, the birth registration system records the parent’s citizenship status under the Citizenship Act.

Hong Kong’s approach differs in one key respect: the parent’s permanent identity card number is a unique identifier that links directly to the Immigration Department’s database. This creates a real-time verification mechanism that does not exist in the UK or Canada, where the parent’s nationality is self-declared and verified later.

Actionable Takeaways

1. If you are a Hong Kong permanent resident expecting a child, apply for your permanent identity card before the birth registration to ensure the card number appears on the birth certificate.
2. If your child’s birth certificate was issued after 1 March 2025 and shows a blank parent identity card field, gather alternative evidence of your permanent residence status at the time of birth before applying for a right of abode certificate.
3. For foreign nationals, the blank field on the birth certificate does not affect the child’s immigration status—you must still apply for a dependant visa within 42 days of birth.
4. Mainland Chinese parents who hold Hong Kong permanent residence but have not yet received a permanent identity card should apply for one immediately and retain evidence of the date permanent residence was granted.
5. If you receive a refusal letter from the Immigration Department, you have 14 days to appeal to the Immigration Tribunal—do not delay.

This does not constitute legal advice. Consult a solicitor for your specific case.