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HK permanent residency not actually permanent and case law

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  1. #1

    HK permanent residency not actually permanent and case law

    Hey all,

    I currently live in HK have ROA and am in the process of naturalizing to Chinese nationality. It is my understanding that non Chinese have a limited form of permanent residency that expires if they haven't lived in HK for over 3 years.

    This implies that the permanent residency isn't really permanent for non Chinese.

    I have heard there's an court case in regards to this. Does anyone know if this court case is still active and what the name and case number of the court case is?


  2. #2

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    In Hong Kong your ROA (right of abode) status will be downgraded to RTL (right to land) if you don't come back within 3 years. Which means you can still live here. I don't have any info on the case if it exists.

    In the EU your 'permanent residency' and anything else is gone if you don't live there for 12 months. You need to apply again and only if you are lucky you can get it back. If you leave for 6 years it's gone for good. No more talking.

    So it seems to me that this is not unique to Hong Kong.


  3. #3

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    No different to many other nations. Many HK'ers come back every 3 years to get renew their residency but live elsewhere.


  4. #4

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    Don't really like it because when I was a kid I had Hong Kong BDTC citizenship and no money to travel to Hong Kong after 1997, where as someone who had spare cash could do a trip there and back and keep at least PR. WOE IS ME.


  5. #5

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    Quote Originally Posted by 100LL:
    In Hong Kong your ROA (right of abode) status will be downgraded to RTL (right to land) if you don't come back within 3 years. Which means you can still live here. I don't have any info on the case if it exists.
    Correct: GovHK: Frequently Asked Questions

  6. #6

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    Quote Originally Posted by HKHK154:
    Don't really like it because when I was a kid I had Hong Kong BDTC citizenship and no money to travel to Hong Kong after 1997, where as someone who had spare cash could do a trip there and back and keep at least PR. WOE IS ME.
    It's still much better than most other countries, since you only have to visit. I don't know any other country where a visit would be enough to keep the permanent residency intact. Most of the time you actually have to live there and only temporary absence is allowed.

  7. #7

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    Quote Originally Posted by 100LL:
    In Hong Kong your ROA (right of abode) status will be downgraded to RTL (right to land) if you don't come back within 3 years. Which means you can still live here. I don't have any info on the case if it exists.

    In the EU your 'permanent residency' and anything else is gone if you don't live there for 12 months. You need to apply again and only if you are lucky you can get it back. If you leave for 6 years it's gone for good. No more talking.

    So it seems to me that this is not unique to Hong Kong.
    Australia = 5 years

  8. #8

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    Is it not easier to get citizenship in other countries though?


  9. #9

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    Can non Ethnic Chinese in China get Chinese citizenship?


  10. #10

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    Quote Originally Posted by hullexile:
    Is it not easier to get citizenship in other countries though?
    Isn't it very easy to get citizenship in HK if you are PR? I was under the impression you just have to apply for it and give up your original citizenship.

    And for being "easy", a number of countries in Europe require 10 years of residency (including some for which the info is missing in he following list) and some kind of courses, knowledge tests of the political and social system, language certificates, etc.

    Citizenship of the European Union - Wikipedia, the free encyclopedia
    Last edited by 100LL; 22-08-2012 at 11:43 PM.
    dear giant likes this.

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