Application for Right of Abode in Hong Kong-Company Formation_Trademark Registration_Tax Service - Hong Kong CPA

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Immigrant Visa & HR - Hong Kong

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Application for Right of Abode in Hong Kong

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Who can enjoy or apply to enjoy for the right of abode in Hong Kong?

According to the Immigration Ordinance, the person who fall into one of the following categories is a permanent resident and he/she enjoys or may apply to enjoy the right of abode in Hong Kong:

1.	A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR;
2.	A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than 7 years before or after the establishment of the HKSAR;
3.	A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person falling within category 1. or 2.;
4.	A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his or her place of permanent residence before or after the establishment of the HKSAR;
5.	A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR and not of Chinese nationality, if at the time of his or her birth, or at any later time before he or she attains 21 years of age, one parent has the right of abode in Hong Kong; or
6.	Besides of above categories those residents, who before the establishment of the HKSAR, had the right of abode in Hong Kong only.

How can I apply for right of abode in Hong Kong?

A person who met the requirements of application of right of abode, he/she may apply for verification of eligibility for a permanent identity card and submit a completed application form with copies of supporting documents by post or by hand to Right of Abode Section of Hong Kong Immigration Department. Please note that the applicant must in Hong Kong at the time of application. Applications from overseas will not be entertained.

How can I prove that I am a permanent resident and enjoy the right of abode in Hong Kong?

A person’s status as a permanent resident and enjoy the right of abode in Hong Kong can only be established by his/her holding of:

1.	a valid travel document issued to him and of a valid certificate of entitlement also issued to him and affixed to such travel document;
2.	a valid HKSAR passport issued to him; or
3.	a valid permanent identity card issued to him.

What should I do if I have left Hong Kong while my application for verification of eligibility for a permanent identity card is still in the process?

The Immigration Department will issue an approval letter to you or local representative by post informing you that your permanent resident status has been verified. You may visit any Registration of Persons Office to register for a permanent identity card with the approval letter after you returned in Hong Kong.

What are the benefits if the person who is enjoyed the Right of Abode in Hong Kong?

The right of abode in the HKSAR will allow a person the right:
To land in the HKSAR;
To be free from any condition of stay (including a limit of stay) in the HKSAR;
Not to be deported from the HKSAR; and
Not to be removed from the HKSAR.

Can I apply the right of abode after obtained a Work Visa in Hong Kong?

A work visa holder may apply for the right of abode in Hong Kong in accordance with the law if ordinarily resided in Hong Kong for a continuous period of not less than 7 years.

Mainland residents who is holding a One-Way Permits and make trips back to the Mainland during they have settled in Hong Kong, will these affect their application for permanent resident status in the HKSAR?

The Immigration Department will consider the circumstances of the person and the absence are relevant in determining whether a person has ceased to be ordinarily resident in Hong Kong. The circumstances may include the reason, duration and frequency of any absence from Hong Kong, whether the person has habitual residence in Hong Kong, whether the person is employed by a Hong Kong based company and the whereabouts of the principal family members, etc., to verify the applicant eligibility for permanent resident status in the HKSAR.

If I was born in Hong Kong but emigrated in overseas and maintain as Chinese citizen, can I enjoy the right of abode in Hong Kong?

A Chinese citizen born in Hong Kong who will still be regarded as a Chinese citizen, unless have made a declaration of change of nationality to the Immigration Department. The person is eligible for Hong Kong permanent resident status under the Immigration Ordinance the person will not lose Hong Kong permanent resident status even if have been absent from Hong Kong for long periods.

As a spouse of a Hong Kong permanent resident, does he/she have the right of abode in the HKSAR?

A spouses of Hong Kong permanent residents cannot acquire the right of abode in the HKSAR by virtue of their marriage directly. Unless they are eligible on their own accord for Hong Kong permanent resident status the Immigration Ordinance, have ordinarily resided in Hong Kong for a continuous period of not less than 7 years and have taken Hong Kong as your place of permanent residence.

How would I ensure whether have lost the status of a permanent resident of the HKSAR?

Persons can apply for verification of eligibility with the Right of Abode Section of the Immigration Department, for assessment of whether have lost the permanent resident status and have the right to land in the HKSAR.

Q Application for Right of Abode in Hong Kong

A Q: Who can enjoy or apply to enjoy for the right of abode in Hong Kong? A: According to the Immigration Ordinance, th...

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