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Permanent residency. Plz help!

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  1. #1

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    Permanent residency. Plz help!

    So I was born in Hong Kong and both of my parents have permanent residency in Hong Kong. We don't live in Hong Kong but my parents go there every year so basically they can move to Hong Kong when ever they like and work there. This means that I have permanent residency there too.

    I recently just found out that once I reach 21 I will no longer have permanent residency. This is annoying because I really want to live in Hong Kong, work there and basically be an ordinary resident.

    What exactly will happen once I become 21? I currently live in England. Say if I was to move to Hong Kong couple of months before my birthday once I'm 21 will I have to leave? Will I have to live there for 7 years untill I become a permanent resident? Which I don't mind doing but the thing is that most foreigners get hired by a company but the process of that is so long to me. Plus Wat if nobody wants to hire me?!?

    My plan was basically that I would go to uni in England (the course that I will be doing is going to be pretty long. So by the time I finish I will be 25). Once I finish I will go move to Hong Kong and work there. But after what I have just found out is my plan even possible?

    btw I am not Chinese nor do I have any Chinese ancestry.


  2. #2

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    Why not come to HK during summer holiday apply for hkid


  3. #3

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    Quote Originally Posted by imparanoic:
    Why not come to HK during summer holiday apply for hkid
    will my hkid have something about me being a Permanent resident on it? With it will my permanent residency still come to an end once I'm 21?
    Last edited by Hinnaxo; 04-09-2016 at 06:02 AM.

  4. #4

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    Quote Originally Posted by Hinnaxo:
    So I was born in Hong Kong and both of my parents have permanent residency in Hong Kong. We don't live in Hong Kong but my parents go there every year so basically they can move to Hong Kong when ever they like and work there. This means that I have permanent residency there too.
    Hmm. Now that I think of it, I'm not sure about this, but does the 36-month rule apply to a foreign national who has ROA by birth in HK?

    Quote Originally Posted by Hinnaxo:
    I recently just found out that once I reach 21 I will no longer have permanent residency. This is annoying because I really want to live in Hong Kong, work there and basically be an ordinary resident.
    How old are you now? IIUC most people who have ROA by birth like this live in HK for over 7 years and then immediately make a new ROA application to obtain ROA under the 7 year rule, so later, when they turn 21, they will still have ROA.

    My understanding (and someone please correct me if I'm wrong) is that this kind of ROA by birth does not downgrade to RTL when it expires at age 21, but is completely lost.

    Quote Originally Posted by Hinnaxo:
    I currently live in England.
    Say if I was to move to Hong Kong couple of months before my birthday once I'm 21 will I have to leave?
    It depends. My understanding is that ImmD is quite flexible under these situations. I think someone on this forum in a similar situation. As I recall, that person originally had a dependency visa but after turning 21 was still a little short of the 7 year mark, but that person was also a university student in HK, so ImmD did something to let that person stay longer. (I don't remember if they extended the visa beyond age 21, or if they gave that person a student visa, but the person was allowed to stay long enough to obtain ROA.)

    Quote Originally Posted by Hinnaxo:
    My plan was basically that I would go to uni in England (the course that I will be doing is going to be pretty long. So by the time I finish I will be 25). Once I finish I will go move to Hong Kong and work there. But after what I have just found out is my plan even possible?
    If you once lived in HK for an unbroken 7 years and then only returned to HK for schooling (including secondary school or high school), and you are continuing to stay in the UK only for uni, then my understanding is yes, your plan should work. Going overseas for education only does not end ordinary residence in HK (even if you are not physically present in HK for a long time). Might as well play it safe and apply for ROA under the 7 year rule as soon as you can though, instead of waiting after you turn 25 and graduate.

    Quote Originally Posted by Hinnaxo:
    Will I have to live there for 7 years untill I become a permanent resident?
    Yes. If you were only vacationing in England, or had only returned to the UK for schooling/education and otherwise live in HK, then you've probably maintained your ordinary residence there and can apply directly for ROA under the 7 year rule.

    However, if you really have left HK (only visiting HK for vacations and such) and live in the UK, then that won't work. The 7 year period can not have any breaks where you have ceased to be ordinarily resident. And even if you had such a period, once you leave HK then it generally resets and you have to start over.

    Quote Originally Posted by Hinnaxo:
    Which I don't mind doing but the thing is that most foreigners get hired by a company but the process of that is so long to me. Plus Wat if nobody wants to hire me?!?
    Hmm. Not sure what your other options here would be. Maybe someone else would have some better ideas.
    Hinnaxo likes this.

  5. #5

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    Google "hairballs guide". He wrote all about this stuff and actually knew what he was talking about.


  6. #6

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    Quote Originally Posted by IceEagle:
    Hmm. Now that I think of it, I'm not sure about this, but does the 36-month rule apply to a foreign national who has ROA by birth in HK?
    Yes that's why my parents go Hong Kong a lot.
    I left Hong Kong when I was 6 or 7.
    Also doesn't it say on the birth certificate that permanent residency has been established.

  7. #7

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    Quote Originally Posted by Hinnaxo:
    Yes that's why my parents go Hong Kong a lot.
    I left Hong Kong when I was 6 or 7.
    Also doesn't it say on the birth certificate that permanent residency has been established.
    http://www.immd.gov.hk/eng/faq/faqroa.html

    Your ROA will be downgraded to RTL once you reach 21 yrs..refer q4 in above link also read the foot notes. With RTL you can come to HK and work freely. Only difference between ROA and RTL is that you cant be deported if you have ROA. After you stayed/established HK as your home for 7 yrs, you can apply to get back your ROA..

    http://www.immd.gov.hk/eng/services/roa/term.html
    Last edited by shafiq; 04-09-2016 at 07:53 AM.

  8. #8

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    Ohh okay. Thank you very much!


  9. #9

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    Quote Originally Posted by HK_Katherine:
    Google "hairballs guide". He wrote all about this stuff and actually knew what he was talking about.
    Actually, the guide he wrote is mostly applicable to ethnic HK-Chinese born overseas. There's still some, but not much in there about other cases of ROA.
    shri, imparanoic and Skyhook like this.

  10. #10

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    As your birth certificate does not state that permanent residency was established, (assuming your parents got PR post-97 via 7 years' residency) I believe you will have to start from zero, that you have to establish PR by yourself.


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