Losing ROA?

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  1. #1

    Join Date
    Apr 2004
    Location
    Halifax NS
    Posts
    5

    Unhappy Losing ROA?

    I was born in Hong Kong in 82 my parents are not chinese tho, I have a BNO passport and got my Hong Kong ID in 1996 before the takeover the ID said I had the right to abode in HK. I moved to Canada and later came back to HK at age 18 in 2001 to renew my Hong Kong ID, on the back it still says I have the right to abode in HK, it even says that on my BNO. A few days ago a friend of my parents told them that I would have to go back to Hong Kong every 3 years in order NOT to loose my ROA. Why didnt I loose it in the first place after 4 years when it was issued in 12-96 and then renewed on 10-05-2001???? do I have to renew it before 10-05-2004? If anybody can clear things up a bit for me that would be great.


  2. #2
    Emigra

    hello

    If you are away for over 3 years your status changes from Right of Abode to Right to Land, there are only a few differences in this and you can reapply for right of abode once you are back in Hong Kong again for another 7 years. The reason why it did not change before could be due to a number of personal factor.


  3. #3

    Join Date
    Apr 2004
    Location
    Halifax NS
    Posts
    5
    Quote Originally Posted by Emigra
    If you are away for over 3 years your status changes from Right of Abode to Right to Land, there are only a few differences in this and you can reapply for right of abode once you are back in Hong Kong again for another 7 years. The reason why it did not change before could be due to a number of personal factor.
    Interesting, I would like to know what personal factors would of caused this. I guess there is not much difference, its just a bit of a downgrade. Can you still work in Hong Kong as a normal ROA? I graduate in a year and would like to look for a marketing job in HK.

    n-ways thanks for the info

  4. #4
    Emigra

    hello

    will get back to you in a couple of days with some more info.


  5. #5

    Join Date
    Mar 2004
    Location
    Btn JP & UK
    Posts
    187

    hmm...

    Not all HKID's are the same. There are various types.

    Not sure on the card of a native... But i was informed, "their ID number always begins with either 'X' or 'Z'." (born in HK or the Mainland, Permanent Residence) - Should already hold B&O or HKSAR passport.


    source: http://www.immd.gov.hk/ehtml/hktraveldoc_1.htm
    Starting from July 1997, Chinese citizens with the right of abode (ROA) in the HKSAR and are holding Hong Kong permanent identity cards, whether or not they are holders of the "British National (Overseas) passport" or "Hong Kong Certificate of Identity" or other travel documents, are eligible to apply for the Hong Kong Special Administrative Region (HKSAR) passport.
    If your ID card has 3 asterisks under your 'Date of Birth', followed by the letter "A", and issued Prior to July 1997, then you'll never lose your right to abode and you'll never need to apply for a work permit. I'm not sure what requirements you need to obtain this status, maybe both parents need to be from HK and be Chinese Nationals. May apply for HKSAR passport right away but documents & proof might be required.

    From what i know, they changed the rules. If all the above apply but your HKID was Issued after July 1997. You must return to HK every 3 years to keep your ROA.

    If you don't have any asterisks or the letter "A" under your 'Date of Birth', then you DON'T have the right of abode, only right of land - and status does change (active/inactive), your NOT Permitted to work unless you have a valid work visa/permit. Those or normally issued to non-native Hong Kong's who's parents are NOT from Hong Kong or No longer recognized as been a Chinese Nationals - May apply for HKSAR passport, after 7 years continues residence. Permission/Visa required to work on the mainland.


    Then if you have a 'Smart ID' then things are different again... You can find more information here:

    http://www.immd.gov.hk


    Please correct me, if I'm wrong... but I'm pretty sure it's correct.
    Last edited by lazarus; 10-04-2004 at 05:55 AM.

  6. #6

    Join Date
    Apr 2004
    Location
    Halifax NS
    Posts
    5

    hmm yeha I havent changed my ID to a SMARTID . but I have an A under the date of birth (of the old ID) witha bunch of other letters and in the right lower corner the first letter is a Z. I have no idea what all these letters maen, because all the websites show the NEW ID unfortunatley.

    anyone have knowledge on the old IDS?


  7. #7

    Join Date
    Apr 2004
    Posts
    64

    isn't it kind of stupid then...if got the hkid before 1997 never lose ROA....but then got it after 1997 then cant be away more than 36 months? ......good thing i saw this message because i have been away for about 24 months already~~~


  8. #8

    Join Date
    Apr 2004
    Posts
    64

    BTW i got my hkid in 2002 summer...my parents and I immigrated to Canada when i was very young ...which I had been away for 13 years....so I went back to HK to apply for my ROA...got the ID card..and it does have asterisks and the letter "A" on the card...


  9. #9

    Join Date
    Sep 2003
    Posts
    13

    Wrong. My parents have been away from HK for 15 years, however they applied for HKSAR passports in 2004 at the Toronto Chinese Consulate and their applications were approved. Their HKIDs were issued in 1988, and are ***AMZY and ***AFZY. I was born in Canada, and I have the ROA and *AO symbol on my SmartID(One star denotes a person under 18 years old), as I lost my previous card. As long as you had Chinese Nationality, you will never lose your ROA, (except if you give it up voluntarily) its the people who don't have Chinese nationality who are subject to the 3 year rule. I have the Chinese nationality both my parents never declared they settled in Canada permanently. (I got away with it =) )


  10. #10

    Join Date
    Oct 2005
    Posts
    109

    Short answer to Nacho's question-
    1) Before 1997, ROA/PR status was determined solely by the Immigration Ordinance (enacted by the former HK British authorities) then in force
    2) After 1997- such questions are determined by the Chinese HKSAR Basic Law, not what the BNO says.
    3) As you are not a Chinese citizen, you'll lose your ROA in HK if either:
    (i) you have not returned to HK to reside before 31 Dec 1998;
    or (ii) you have left HK for over 36 months (either before or after 1 Jul 1997)

    4) Nonetheless, even if you've lost your ROA, you still have the RIGHT TO LAND- which is same as ROA, except that you may be deported by the Immigration Dept under certain circumstances (e.g. committed serious offences)


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