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Permanent Residence Application

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  1. #11

    Join Date
    Feb 2005
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    Manchester, UK
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    7,490

    Just fill in the forms and apply, you wont get kicked out if they reject your application

    shri and Fei88 like this.

  2. #12

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,659
    Quote Originally Posted by Fei88:
    During the first 2.5 years, I have always had hk employment visa, paid MPF and taxes; and been to HK once a month sometimes every other month.
    try, but I think you are wasting your time, once a month or once every two months would not be considered ordinarily resident in my view.

  3. #13

    Join Date
    Jan 2009
    Location
    Near Earth orbit
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    1,221
    Quote Originally Posted by JAherbert:
    @shafiq your right it's possible to have absence, but based on OP's message, he/she does not have it. IF the duration was a say six months, he might have a shot, but for 2.5 years? nah.
    I was out for nearly two years in a similar situation - seconded to China by a HK company - and was able to use count this time towards my PR. I only came back once a quarter or so but did continue to pay MPF and file for taxes in HK, didn't have to pay any though as I wasn't in the SAR for 90 days a year.

    So it is possible, as suggested earlier do the application - it won't hurt you if they say no and at least you will know.
    Fei88 and shri like this.

  4. #14

    Join Date
    Jul 2014
    Posts
    317
    Quote Originally Posted by Stu79:
    I was out for nearly two years in a similar situation - seconded to China by a HK company - and was able to use count this time towards my PR. I only came back once a quarter or so but did continue to pay MPF and file for taxes in HK, didn't have to pay any though as I wasn't in the SAR for 90 days a year.

    So it is possible, as suggested earlier do the application - it won't hurt you if they say no and at least you will know.

    Did you submit your tax receipts, mpf contributions together with PR Application? If not what other proof did they ask of you for your absence?

  5. #15

    Join Date
    Jan 2009
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    I had a letter from my company at the time confirming the secondment and I also went to the IRD and requested a list of my tax returns since I first started submitting them. They gave me a print out that I took with me to my interview, as well as some (but not all) of the rental agreements during my time in HK.

    I took all this to the interview but they didn't need to see any of it. Just asked me a few questions and told me I'd been approved.


  6. #16

    Join Date
    Aug 2013
    Posts
    791

    The difference being that TO didn’t take up residence in Hong Kong until 2014, so it’s not a case of being ‘temporarily absent’, but living in China and working in Hong Kong for those first years.


  7. #17

    Join Date
    Jul 2014
    Posts
    317
    Quote Originally Posted by Mrs. Jones:
    The difference being that TO didn’t take up residence in Hong Kong until 2014, so it’s not a case of being ‘temporarily absent’, but living in China and working in Hong Kong for those first years.
    Mrs Jones, I suppose for confirmation of secondment, Immigration would look for employment confirmation / taxes & MPF paid.

    I have contacted visageeza and he was so kind to respond immediately saying that secondment would apply to my case provided I have been employed by the same HK Company throughout the time in China, have back to back visas; and salary / taxes paid and mpf contributions have been made here in HK.

    He also did suggest I don't apply online but submit my application along with the supporting documents directly to department, due to somewhat complexity of my case.

    Whether it makes a difference if secondment is in the middle of your 7 year residence VS the beginning such as my case; I have no idea. I guess I will try and see.

    Another option is that I have another year till my current visa expires ,so I could delay my application and Accumulate more days in HK.
    Mrs. Jones likes this.

  8. #18

    Join Date
    Jan 2019
    Posts
    32

    I am also in a similar situation.

    Have been studying in Hong Kong from Aug 2014 - Jun 2018. Study period also counts within 7 years. (All of my friends who stayed here for 3 years after their bachelors, got their PR.)

    Now employed by HK company from Jul 2018. Most probably I will have secondment from August 2019 for 2 years. Seems I have to come to HK at least once in a 6 months period, but most probably due to work it will be more often than that, but duration of stay is short. I will receive salary in HKD and my contract will be with HK based company also.

    I have also asked some of my local friends working in Immigration Department. Based on their feedback, I should be all fine. Duration of stay does not really matter, rather frequency of staying in HK matters more.

    Now I just want to prepare in advance on what I should do within next 2-3 years to successfully apply for PR in Aug 2021.


  9. #19

    Join Date
    Jul 2014
    Posts
    317
    Quote Originally Posted by ierand:
    I am also in a similar situation.

    Have been studying in Hong Kong from Aug 2014 - Jun 2018. Study period also counts within 7 years. (All of my friends who stayed here for 3 years after their bachelors, got their PR.)

    Now employed by HK company from Jul 2018. Most probably I will have secondment from August 2019 for 2 years. Seems I have to come to HK at least once in a 6 months period, but most probably due to work it will be more often than that, but duration of stay is short. I will receive salary in HKD and my contract will be with HK based company also.

    I have also asked some of my local friends working in Immigration Department. Based on their feedback, I should be all fine. Duration of stay does not really matter, rather frequency of staying in HK matters more.

    Now I just want to prepare in advance on what I should do within next 2-3 years to successfully apply for PR in Aug 2021.

    You need to be sure your contract is with the HK Company, you get paid in HK, AND file your tax return with HK iRD. Given that I assume you should be OK. Your situation is similar as mine except your absence is at the end of your hk residence.

  10. #20

    Join Date
    Jul 2014
    Posts
    317

    Hi everyone,

    I just received a letter from Immigration Dept asking me to attend the interview for ROA eligibility verification. Only documents required are my passport anf HKID. Seems I got the ROA


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