Permanent residence after 7 years - with gap ?

[pkreli]

Hi,

I know that you have to be ordinarily resident in HK for 7 years to be eligible for permanent residence.

But I had to leave HK after living here for 6 year 2 months; to take care of my children who were studying abroad as spouse was having hard time managing by himself. The only thing I can show to prove that my absence was temporary is that our bank account, MPFs remain open in HK. I had to resign from my job and also could not keep renting flat due to uncertain length of stay abroad.

Do anybody happen to know if the Immigration Department will take this as a reasonable excuse to be away from Hong Kong for 10 months ? I've heard people being away for longer than that for medical reasons, for studying, for taking care of terminally ill relatives etc and still qualifying the 7 year requirement.

Thanks for any advice.

[shafiq]

How about your visa? Are you on employment visa or dependants visa? For break more than 6 months you have to justify with a reason..education and illness are valid reason, but not sure wether taking care of ill persons will be counted. When u apply for PR, you have to be in HK.

Will it possible for you to visit HK for week or so in between and try not to exceed the six months break limit?

[vmlinuz]

Nobody knows except whoever it is at the Immigration Department who would end up making the yay or nay decision on your personal application.

My feeling would be that your application would be denied. Not just because you have been out of Hong Kong for almost a year, not just because it's a bit odd to argue that you're 'ordinarily resident' when you don't actually have a place of residence, but specifically your reason for leaving. If your husband and children are living in an abroad place, and you have left Hong Kong for a significant time to join them, surely that is now your place of residence?

[pkreli]

I am on dependent visa, expiring in a few weeks (after exactly 7 years). So I will be coming back to Hong Kong before the visa expires. But I have been away for nearly 10 months now (after living conterminously for 6 years 2 months).

We tried to enroll our children in Hong Kong schools but the schools we chose and applied didn't have vacancy or rejected them (we wanted to enroll them in English schools). So my husband resigned his job and took them abroad at the very last moment (September, start of school session).

[Mat]

Call imm dept to learn more and preaent ur application. What do you have to loose anyway?

I have had friends who had 9 months gap but were able to justify it wo issue and they got the PR wo any problem.



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[closedcasket]

I'm a little unsure of your situation. Do you have a gap in employment? Or have you left Hong Kong after 6 years and 2 months? PR requires 7 years not 6.2.

You left your job and place of residence after 6 years...

Have you returned now and are you working again and if so is it at the same job?

I don't like your chances because it doesn't sound like a gap. It sounds like you left early and are now asking if 6 years and 2 months is enough.

But there is only one way to find out....

[hktraveller]

1. Extend your dependent visa before it expires.
2. File the application for verification of Right of Abode and see what happens. No one at immigration will give you an answer how big your chance is. They will only tell you to apply. At best they will read the written rules for you.

[dumbdonkey]

so your real question is "can a non-resident apply for permanent residency?"

[turret]

Like to share my similar experiences with you. In your application, please substantiate with good reasons as for your absence from Hong Kong. Do attach a separate letter if you need to to explain your difficulties in great lengths.

In my case for Permanent HKID, I was away from Hong Kong significantly much longer than yours and fortunately the Immigration Department accepted my explanation and got it approved.

So fret not and give it a try.

Hi,

I know that you have to be ordinarily resident in HK for 7 years to be eligible for permanent residence.

But I had to leave HK after living here for 6 year 2 months; to take care of my children who were studying abroad as spouse was having hard time managing by himself. The only thing I can show to prove that my absence was temporary is that our bank account, MPFs remain open in HK. I had to resign from my job and also could not keep renting flat due to uncertain length of stay abroad.

Do anybody happen to know if the Immigration Department will take this as a reasonable excuse to be away from Hong Kong for 10 months ? I've heard people being away for longer than that for medical reasons, for studying, for taking care of terminally ill relatives etc and still qualifying the 7 year requirement.

Thanks for any advice.

[Gruntfuttock]

The basic advice of "explaining at great length" is, I think, a good one for all aspects of HK bureaucracy, especially if done in English. I have certainly received much more favourable treatment on tax issues even than I was arguing for when I have presented several pages of text and calculations. I imagine it may well be the same on Immigration up to a point.

On the other hand, I have a friend who tried and failed to get PR here when she had a 6 month gap in her visas, despite the fact that she maintained a property here through the period and was weekly commuting to her employment in Shanghai. So some things (continuity of visas, for example) seem non-negotiable, but beyond that, try swamping them with explanations & justifications. My perception is that sometimes they simply say "too much effort to read and understand" and give in.