The turnover of Hong Kong from Britain to the People’s Republic of China earlier this month has made many people anxious about the future of one of the world’s financial capitals. But fears of a massive outward migration of Hong Kong residents does not seem to be materializing. In fact, at least for a short period of time, not only are many people choosing to stay, but thousands of Hong Kong nationals are returning to their native land.
Why this seemingly strange phenomenon? Many fear that China will tighten up Hong Kong immigration laws and want to be sure that their residency status is firmed up before they lose out on their option to return. News organizations have reported massive lines outside of Hong Kong’s Immigration Tower, often forming as early as 2 a.m. each day.
Persons with Hong Kong birth certificates are entitled to residency in Hong Kong, even if they have acquired residency or citizenship elsewhere. But many people fear China will impose a requirement that persons reside in Hong Kong for several years before regaining their status.
Nevertheless, many Hong Kong residents are said to be “sitting on their suitcases.” They are willing to stay in Hong Kong, but if there are signs of any trouble, they want to be in a position to leave quickly.
In the meantime, the State Department will continue to consider Hong Kong as a separate country from China for visa processing purposes. In a recently released cable to US consulates, the State Department was quoted as saying the following:
“As of July 1, the Hong Kong Special Administrative Region will remain a separate foreign state chargeability area under INA Section 202 for the allocation of immigrant visas. IV applicants born in Hong Kong, regardless of nationality, will continue to be charged to Hong Kong.”
This should be good news for most Hong Kong nationals. Chinese nationals are often subject to longer queues for immigrant visas, are subject to the J-1 visa skills list (which can subject the visa holder to a two year home residency requirement) and are ineligible for such programs as the green card lottery.
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