The 7 year rule, How strict is it exactly?

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  1. #1

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    The 7 year rule, How strict is it exactly?

    As some of you guys will know, I have right to land but not right of abode. I understand that I need to adhere to the 7 year rule for me to get right of abode.

    However what is not clear is how many months per calendar year I need to be living in HK for, I assume its 6 months or more? I have asked immigration and they are very slow in getting back to me. Does anybody have any more pointers?


  2. #2

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    HK has to be your PRIMARY residence. if you are only here for 6 months per year, i'm guessing they won't count it.

    if, however, you are absent due to education, then they WILL count it. so long as you still have major ties to HK and you can prove that you were absent for schooling.


  3. #3

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    As someone who has been here closer to 7 months, than 7 years, allow me to ask a stupid question.
    Are you saying that, in order to qualify for right of abode you have to live here for more than 6 months (or whatever the exact time-frame is) out of the year for 7 (consecutive, I am guessing) years?
    Or are you saying once you have right of abode you have to live here 6 months (or whatever) out of the year in order to maintain it?


  4. #4

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    he wants to get the right of abode. for this you need to live here(your primary residence) for 7 consecutive years(only exception as far as i know is for educational purposes). once you have ROA, then you need to return here once every 3 years to maintain it.

    however, the only difference between the RTL and ROA is that you can be deported with RTL and you cannot with ROA. other than that, as far as i can tell, there is not much of a difference.

    i'm sure someone more knowledgable will correct me if i'm wrong.


  5. #5

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    Carang

    Not sure how I can prove that HK is my primary residence, I have joint ownership of a property there but am working in London presently.


  6. #6

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    Quote Originally Posted by jimbo
    Carang
    Not sure how I can prove that HK is my primary residence, I have joint ownership of a property there but am working in London presently.
    It will be recorded by immigration when you come and go. Therefore they will have records to note if your have an entitlement.

    As far as I have understood it you mst not have a continual absence of more than 6 months during the qualifying period. Not a total length in the preiod.

  7. #7

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    I am sure the immigration dept website must have all this info. You should check it out there. There is no point in requesting info already mentioned on website from the staff.

    According to my memory, one of the basic requirements as mentioned elsewhere is to live in HK for no less than 180 days a year for seven consecutive years in addition to other requirements.


  8. #8

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    I had years in my 7 where I was travelling on business for more than 200 days in the year, but because HK was clearly still my primary residence (I was travelling to many different places, not just one) that wasn't a problem.

    I don't think there's a hard fast rule except that the onus is on you to show that you have been primarily or ordinarily resident in HK for a continuous period of 7 years. If your place of employment is not HK and, for example, you aren't paying tax in HK then that is going to be more difficult,

    But as someone said, if you have RTL, what's the big deal? The only difference is that you can't vote and you could get deported for something suitably heinous. Does either of them bother you?