Regina Ip: Loss of Permanent Residency Status if absent for 3 years

[jabalong]

Right to Land: can freely live and work in HK, can be deported if sentenced to more than 2 years in prison, can't vote. Isn't a permanent resident so has to pay additional stamp duty and isn't eligible for free government handouts.

Interesting. Assuming one isn't planning on breaking any laws, the additional stamp duty sounds like the only significant disadvantage.

Though as others have hinted at, all this could be subject to change in the future, with Right to Land for those abroad likely being more vulnerable than Permanent Residency for those here.

So passing through every three years to keep the Permanent Residency going would be mostly as insurance against regulatory change.

[jabalong]

Is it that you just need to enter HK, as in every 3 years you could be visiting Thailand, but make a 2 night stopover at the Peninsula to enjoy the yum cha, and then you are covered for the next 3 years?

Even less than that I think.

The ordinance says that you can't be "absent" for more than three years, but I haven't seen it spelled out as to what constitutes being present.

What I've heard is that you just need to have an entry at immigration to reset the clock.

So, simply transiting through the Hong Kong airport wouldn't do the trick

But could just pass through immigration into the Arrivals level, take the escalator up to Departures and re-enter immigration straight away and have that be enough?

[waiming]

The only way to lose perm residence:
1) If you are born in HK and chinese by race. Settle down in another country and gain citizenship. You lose HK Perm Residence.
2) If you are a foreigner gained HK Perm Residence status but have left HK over 3 yrs. You lose HK Perm Residence status.

A Hong Kong resident can't lose Chinese citizenship by gaining the citizenship of another country. The only way to do it is via a declaration of renunciation of nationality to the HK immigration department.

https://www.immd.gov.hk/eng/faq/faqnationality.html#q1

[gardabble]

A Hong Kong resident can't lose Chinese citizenship by gaining the citizenship of another country. The only way to do it is via a declaration of renunciation of nationality to the HK immigration department.

https://www.immd.gov.hk/eng/faq/faqnationality.html#q1

That would mean you are a dual citizen. China does not recognize this. China recognizes your Chinese citizenship and but will not recognize your foreign citizenship. This is why you need to declare you are no longer a chinese citizen. Only reason why you need this is because CCP is violating your civil rights and you need consular protection from your home country.

[mrgoodkat]

A Hong Kong resident can't lose Chinese citizenship by gaining the citizenship of another country. The only way to do it is via a declaration of renunciation of nationality to the HK immigration department.

That's not strictly speaking correct. The interpretation only concerned Chinese citizens who are also British Citizens through the selection scheme, BDTC or BNO by virtue of having lived in HK before the handover. The Chinese nationality law Article 9 clearly and unequivocally states "Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality."

I don't think there has been an interpretation of what would happen to a HK Chinese citizen who obtains a foreign citizenship after the handover.

[Cminds]

I had RTL then changed to ROA but I am still in HK. I am wondering does anyone actually know anybody that changed their cards from ROA to RTL? Like let's say you are away from HK for 4 years, then come back for a vacation or whatever. Will they stop you at immigration and immediately tell you to go to immigration tower to change your ID card? Or what actually happens?

[TaD_LaLa]

Any anecdotes of people who have actually lost their permanent residency (ROA) and/or had it converted to RTL because they didn't visit HK within 3 years?

How were they notified?

What does the process look like?

Also what other reasons might you lose your ROA for?

[Mthkhk]

That's not strictly speaking correct. The interpretation only concerned Chinese citizens who are also British Citizens through the selection scheme, BDTC or BNO by virtue of having lived in HK before the handover. The Chinese nationality law Article 9 clearly and unequivocally states "Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality."

I don't think there has been an interpretation of what would happen to a HK Chinese citizen who obtains a foreign citizenship after the handover.

• Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned documents.

[mrgoodkat]

• Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned documents.

If you read the clarification from the Standing Committee you will see that it only applies to Hong Kong Chinese citizens who became dual citizens before the handover, i.e. before the Chinese Nationality Law applied to them. It's a convoluted way of saying all Chinese citizens of HK belong to China, even if they are actually British or BNO or if they were also born with another citizenship.The Chinese Nationality Law has applied to HK Chinese citizens ever since the handover and it's quite clear on the Chinese citizenship being lost when voluntarily acquiring a foreign one. The keyword is "voluntarily", for example children acquiring US citizenship by birth are still considered Chinese citizens depending on the status of their parents.

[waiming]

If you read the clarification from the Standing Committee you will see that it only applies to Hong Kong Chinese citizens who became dual citizens before the handover, i.e. before the Chinese Nationality Law applied to them. [...] The Chinese Nationality Law has applied to HK Chinese citizens ever since the handover and it's quite clear on the Chinese citizenship being lost when voluntarily acquiring a foreign one.

Actually, In PRC law there was no "handover" as HK is seen as always having been part of China. Instead, China "resumed the exercise of sovereignty" on 1 July 1997.

There are clear dual objectives behind the "convoluted interpretation":

1) Ensure that the vast majority of ethnically Chinese Hong Kongers are Chinese citizens.

2) Do not retrospectively legitimise British claims of sovereignty over Hong Kong by making nationality law dependent on the timing of the "handover".

The Standing Committee's interpretation *does* in effect amend the Nationality Law with respect to Hong Kong residents, who *can* voluntarily acquire foreign citizenship (even today) without losing Chinese citizenship. See here: https://www.clic.org.hk/en/topics/im...ality/q5.shtml