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left HK for 18 months - am I eligible for HKPR?

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  1. #1

    left HK for 18 months - am I eligible for HKPR?

    My parents and I are having a debate over whether I am eligible for HKPR. There seems to be somewhat contradictory information on the HK Immigration website, so maybe someone here can help:

    - I was born overseas.
    - I have one HK born parent and one China born parent. Both are HKID holders. Both have overseas passport, like me.
    - I was first issued an HKID in 2008. It's an R0.
    - In 2012-2013, I left HK for an 18-month period to work overseas.

    It seemed to me that my leaving for 18 months violates the consecutive stay requirement to apply for HKPR. But my parents are saying that it requires 36 months of leaving HK to make me ineligible. My reading of the website is that it's 36 months if you're already HKPR, but since I was not already HKPR that I now have to wait another 7 years from when I went back to living in HK.

    Anyone shed some light?


  2. #2

    Join Date
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    My understanding is that it's no more than 6 months in a given calendar year.

    If you studied abroad or were transferred overseas through work then you might be ok.

    Otherwise the clock resets and you have to start again.


    You're right if you have perm already and don't return within 3 years then you go down to RTL.


  3. #3

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    Quote Originally Posted by amieligible:
    My parents and I are having a debate over whether I am eligible for HKPR. There seems to be somewhat contradictory information on the HK Immigration website, so maybe someone here can help:

    - I was born overseas.
    - I have one HK born parent and one China born parent. Both are HKID holders. Both have overseas passport, like me.
    - I was first issued an HKID in 2008. It's an R0.
    - In 2012-2013, I left HK for an 18-month period to work overseas.

    It seemed to me that my leaving for 18 months violates the consecutive stay requirement to apply for HKPR. But my parents are saying that it requires 36 months of leaving HK to make me ineligible. My reading of the website is that it's 36 months if you're already HKPR, but since I was not already HKPR that I now have to wait another 7 years from when I went back to living in HK.

    Anyone shed some light?
    So you have right to abode status now? 3 stars still? What ages did you apply for your juvenile hkid card, and did you update to adult hk Id card during when you was 18-19 years old

  4. #4

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    has ordinarily resided in Hong Kong for a continuous period of not less than seven years
    Continuous being the key word here. The 6 months per year apply usually to people who are out of HK more than that while being on some kind of visa. They then have to prove that they continued to reside in HK during that period. (E.g. Maintained a residence, family has been living here, paid taxes etc). It's not a hard rule that says if you are absent more than 6 months you are ineligible. If you were working for a HK company during those 18 months and have paid taxes and MPF in HK and have kept a flat etc. you might be OK.

    But since you have RTL anyway, what's PR to you?

    @imparanoic: He only has RO. I assume he went through VEPIC already and that's all he got.
    Last edited by mrgoodkat; 21-02-2016 at 10:19 AM.
    shri likes this.

  5. #5

    Join Date
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    The key is 7 years continuous ordinary residence. "Ordinary residence" is a common law concept and there is no hard rules that specify if any particular absence is a break of this of not.

    It all depends on the nature of your 18 months stay. E.g. It would not break your ordinary residence if this is temporary:
    you went overseas to attend a unversity course
    you were seconded by your HK employer to work on an overseas project

    However, if your departure from HK is deemed permanent, then it would have stopped your ordinary residence. E.g. If you take up a permanent job offer overseas, and your entire family moved with you overseas

    Last edited by kma88; 21-02-2016 at 10:47 AM.

  6. #6

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    z

    Last edited by akqjt; 21-02-2016 at 11:25 AM. Reason: accidental post in wrong forum

  7. #7
    Thanks all for the responses. So to respond to some items mentioned:

    - I have no stars on my HKID
    - I was an adult when I got my HKID (in my 30s now)
    - I went overseas to work for a company of my own accord (not sent by a company here), as I am basically an independent consultant (self-employed).
    - I do own property in HK and maintained a piece of property under my name while I was away (rented it out).
    - Why do I want PR? Basically my parents simply said, "you should get it". They also feel having two passports is better than one. I am skeptical. But I did read the "Advantages of and ability to NOT Applying for PR status?"https://geoexpat.com/forum/54/thread322729.html discussion also on this forum and it seems like there isn't anything bad about not getting HKPR.



    It does sound like the clock has reset on me though.

  8. #8

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    Quote Originally Posted by amieligible:

    - Why do I want PR? Basically my parents simply said, "you should get it". They also feel having two passports is better than one. I am skeptical. But I did read the "Advantages of and ability to NOT Applying for PR status?"https://geoexpat.com/forum/54/thread322729.html discussion also on this forum and it seems like there isn't anything bad about not getting HKPR.
    .
    In your case you would not be be able to have two passports, instead you will have your current passport + HK Right of Abode if you succeed in getting PR. If you want to get the HKSAR passport you need to renounce your current citizenship.

    There is no harm in applying for PR. When you apply, just try to show as much as possible that while you did take up an offer to work overseas, there was much intention to return to HK (which you did) - visits to HK during the 18 months overseas, keeping bank accounts, MPF, mobile numbers, etc.. Was your overseas job a contract position?

  9. #9

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    On what basis did you apply for and got granted Right of Abode
    By virtue of being a Chinese national ?


  10. #10

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    He only has RTL.


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