Right to Abode / Land for British Citizen born in HK

[Hairball]

So you are wholly or partially Chines... in that case I apologise... I missed where you mentioned that.



However, the point about being a BTDC is again moot as it's not possible to apply for something which no longer exists.


But why not apply? If you get it, come back here and post about it.

You can't apply for something that does not exist, but he presumably held ROA until the handover, and under the transitional provisions he would have RTL now (if he's been away for more than 36 months).

[HKHK154]

So you are wholly or partially Chines... in that case I apologise... I missed where you mentioned that.



However, the point about being a BTDC is again moot as it's not possible to apply for something which no longer exists.


But why not apply? If you get it, come back here and post about it.

But Claire I believe examples are separate. It's not born 1983 or earlier AND Chinese and so on, its example 1,2,3.

Also I believe you did not need to apply BDTC in order to have had it. You could apply for the BDTC passport pre 97 if you were a BDTC, but you were either born one or not as far as I know? Like the passport does not equal the status, it was just a way to have the status verified / be able to use the status you had automatically.

http://hongkong.geoexpat.com/forum/5...html#post16166

If I could find an example of a 1950-1960 CUKC who never applied for a BDTC passport and had a kid who applied for residency after 97 I would sleep easier, though.

[Hairball]

Just read again, you said in the original post you were born in 1985, so therefore I think you would have been a BDTC and had ROA in Hong Kong until the handover. Based on the fact that your father was born in HK, he would have had CUKC at birth, and as a Hong Kong belonger, he would have became a BDTC associated to HK as well.

It sounds confusing because it sounds like he is a regular British citizen as well. But I believe even on this forum there are examples of people being both.

In fact I would argue that you are exactly the same situation as me, except that you aren't Chinese race.

I'm the person who wrote: A Guide to the Right of Abode in Hong Kong - HKID for ABC, CBC, BBC

[HKHK154]

Ok, lastly if I had a good reason for not visiting HK earlier for the full ROA, such as being a full time student and temporary working holidays etc is there any provision for that? (theoretically)

[Hairball]

Ok, lastly if I had a good reason for not visiting HK earlier for the full ROA, such as being a full time student and temporary working holidays etc is there any provision for that? (theoretically)

I'm not sure if they provide exceptions for that 36 month rule, but considering it sounds like you have never resided in Hong Kong, don't count on it.

Are you going to learn Cantonese if you can move there?

[HKHK154]

I'm not sure if they provide exceptions for that 36 month rule, but considering it sounds like you have never resided in Hong Kong, don't count on it.

Are you going to learn Cantonese if you can move there?

I know a very basic amount already from over hearing my father speak it and also the fact that I seem to make so many Asian friends has also helped me learn a few more things. Ideally I'd like to learn Cantonese casually for day to day functioning stuff, but focus more on mandarin academically.

As it stands I probably can understand say 100-150 characters only from a mixture of half assed Chinese/Japanese study and I used to be able to speak really basic textbook mandarin when I was maybe 14 or so but forget it already. My Japanese is much better tho.

Like an example is someone writing 'big out blood' or something in Chinese and although I don't know the Chinese pronunciation, I can read the characters meaning and I remember there was a phrase like that in regards to spending money. So I manage to piece stuff together sometimes through horribly bad language/cultural knowledge of various areas.

[HKHK154]

I'm reading through and it says something like 'continuous period of 36 months' and 'does not cease to be ordinarily resident if he sie is temporarily absent from HK'

I'm going to have a hard time convincing them that I was temporarily away while not being resident in HK, ever. I'm going to give it a go, though as I've always been either travelling or studying since high school mixed with casual employment.

If Hong Kong is your home and you go abroad for a temporary purpose, then your residency is considered to continue. This means that if you go somewhere else for a holiday, for business or to study, your ordinary residence is not interrupted. You can still accumulate 7 years of residence and the right of abode, even though you were absent during part of that period for a temporary purpose.

I guess I can provide documented proof of this and so on.. anyway. I don't actually expect to get ROA, but i've got all the documentation such as enrolment information and so on, so I may as well try.

1997-(or 1998 was the 18 month period of exemption?)2002 high school, 2003 college, 2004-2007 travel overseas working holiday etc, 2008-2009 setting up a business, 2009 college, 2010-2012 university.

I don't think that most people would be submitting documentation on their absence from HK when they apply for ROA. I would guess that most just applied on the basis of their parents without any kind of travel documents listing their reasons for more than 36 months of continuous absence.

The Immigration department will probably have a bit of a laugh at me trying to claim 1997(or 1998) to 2011/2012 as a temporary absence without me having been to HK, ever, though.

[Morrison]

you are already trying to convince them before even knowing what they want to be convinced of.
why not directly apply for a seat at HK Immigration Department ?
Joking apart and talking from Ex-perience, send them a letter describing your situation in brief words.
Then you will get a reply perhaps already containing guidance on what to apply for, ROA or RTL.
Then fill in the application form and wait for their reply, they will ask you for documentation.

[Hairball]

If you can convince the Immigration Department that 15 years is a "temporary absence" and that you have never even lived in HK, all the power to you!

[HKHK154]

you are already trying to convince them before even knowing what they want to be convinced of.
why not directly apply for a seat at HK Immigration Department ?
Joking apart and talking from Ex-perience, send them a letter describing your situation in brief words.
Then you will get a reply perhaps already containing guidance on what to apply for, ROA or RTL.
Then fill in the application form and wait for their reply, they will ask you for documentation.

If you can convince the Immigration Department that 15 years is a "temporary absence" and that you have never even lived in HK, all the power to you!

I've tried emailing them and they just provide general information. They said they will not answer specific case stuff and it will only be evaluated once I apply within HK. I don't particularly want to ask them regarding the 36 month thing as I'm pretty sure they're going to tell me to get lost.

Also, I think that I have to apply for Right To Abode and have that rejected in order to receive the Right To Land, anyway. That's the only reason why I'll provide documentation to explain my extremely long absence from HK.

I'll update once I've applied in HK.