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Loss of Hong Kong Permanent Resident Status ?

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  1. #1

    Join Date
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    Question Loss of Hong Kong Permanent Resident Status ?

    hello:

    i just find out this from the hk gov website. HK PR will loss their PR status when they leave hk more than 36 months.

    •If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

    http://www.gov.hk/en/residents/immig...gible/loss.htm

    in this case they should at least come back to hk for a holidays within the 36 months? is that correct?


  2. #2

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    This is correct and well-known. This is for those who obtain PR after seven years' residency.


  3. #3

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    A person who ceases to have the status of a permanent resident of the HKSAR will automatically acquire the right to land in Hong Kong in accordance with the law. He will be able to enter Hong Kong freely to live, study or work without restriction.
    You lose the right to vote and the free handouts like tax, not sure what else if you don't come back within 3 years. Not that much hassle if you don't come back. You can still live here visa free if you don't.

  4. #4

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    If you gained your PR by 7 years residence then yes that is correct. If you are a Chinese Citizen then it does not apply.

    If you are a PR by 7 years residence then if you don't come through HK Immigration at least once every 36 months then you will be downgraded to Right To Land. This is essentially the same as ROA except you can't vote, any kids you have born in HK won't get ROA, any there is a different tax treatment when buying property.

    RTL cannot be lost. You can upgrade it back to ROA by a further 7 continuous years of residence.


  5. #5

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    And, with RTL, if you do something really, really naughty you can be kicked out.


  6. #6

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    Quote Originally Posted by Claire ex-ax:
    And, with RTL, if you do something really, really naughty you can be kicked out.
    I thought that also applies to ROA, unless you are a Chinese national

  7. #7

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    No, not true. ROA means you cannot be deported.

    However, as I understand it, time in jail does not count as time ordinarily resident in HK, so if you are a PR by 7 years residence and jailed for more than 3 years you will lose your ROA, and could then be deported on release.

    Morrison likes this.

  8. #8

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    Quote Originally Posted by Gruntfuttock:
    No, not true. ROA means you cannot be deported.

    However, as I understand it, time in jail does not count as time ordinarily resident in HK, so if you are a PR by 7 years residence and jailed for more than 3 years you will lose your ROA, and could then be deported on release.
    I'd heard about the 1st bolded part (there was a court case on this and the chap lost) but didn't know about the 2nd bolded part.

  9. #9

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    Well doesn't it follow automatically if you are not legally in HK for more than 3 years?


  10. #10

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    Quote Originally Posted by Claire ex-ax:
    And, with RTL, if you do something really, really naughty you can be kicked out.
    If you lose your right of abode in the HKSAR you will automatically acquire the right to land in the HKSAR in accordance with the law, which will allow you the right:

    To land in the HKSAR
    To be free from any condition of stay (including a limit of stay) in the HKSAR; and
    Not to be removed from the HKSAR.

    You will be able to enter the HKSAR freely to live, study and work without any restriction.

    ???

    http://www.gov.hk/en/residents/immig...ard/roa/terms/

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