Applying verification of eligibility for permanent ID

[djtron99]

Hello,

My daughter was born in HK last 2016 (3yo). In her HK birth certificate, her status is "not established" and she/we are a person of not of Chinese nationality. Together with me and my whole family, we applied online yesterday as we already live here in HK for 7 years except for her. I've the ffg. questions:

1. Is it correct that I've checked Category 4 in Part 2 of Form 145 (Persons no of Chinese nationality who resided in HK for 7 years)?
2. Should I checked Category 5 instead (Persons under 21 y.o. born in HK to a parent who is a permanent resident of HK listed in category 4)? As I have stated, we applied with her together.
3. Am I liable for an offence under the law since if I checked a wrong Category (5) ? Do I need to inform Immigration if it was an honest mistake?
3. Is she eligible for permanent ID and if yes, what should I do?
4. If she can't be applied for a permanent ID now, what will happen to her visa with an expiry on Nov 2019?

Thank you.

Regards,
DJ

[AJZ]

I am trying to understand why you thought your daughter is eligible for PR. She was not born to parents of Chinese citizenship, so has to live here for 7 years.

Tell Immigration you messed up the application.

[shafiq]

Hello,

My daughter was born in HK last 2016 (3yo). In her HK birth certificate, her status is "not established" and she/we are a person of not of Chinese nationality. Together with me and my whole family, we applied online yesterday as we already live here in HK for 7 years except for her. I've the ffg. questions:

1. Is it correct that I've checked Category 4 in Part 2 of Form 145 (Persons no of Chinese nationality who resided in HK for 7 years)?
2. Should I checked Category 5 instead (Persons under 21 y.o. born in HK to a parent who is a permanent resident of HK listed in category 4)? As I have stated, we applied with her together.
3. Am I liable for an offence under the law since if I checked a wrong Category (5) ? Do I need to inform Immigration if it was an honest mistake?
3. Is she eligible for permanent ID and if yes, what should I do?
4. If she can't be applied for a permanent ID now, what will happen to her visa with an expiry on Nov 2019?

Thank you.

Regards,
DJ

If her permanent residency was not established, she has to stay 7yrs and ger PR. If she is here for 3years only, why did you apply for her?

Just withdraw her application, keep applying/extending dependent visa for her until she is here for 7yrs and then can apply for PR for her.

FYI, point 3 is your daughters case

1. Persons who were born in Hong Kong who also have Chinese nationality are entitled to Hong Kong permanent resident status, regardless of where their parents are from. This was established in a landmark decision by the Court of Final Appeal in Director of Immigration v Chong Fung Yuen.
2. Persons who were born in Hong Kong who are not of Chinese nationality may be entitled to permanent residence if one of their parents is a permanent resident . In such cases, the entitlement to permanent residence is only valid up to the age of 21, and thereafter these persons must apply for qualification on their own (article 24(2)(5) of the Basic Law).
3. Persons who were born in Hong Kong who are neither Chinese nationals nor have a parent who is a Hong Kong permanent resident acquire no legal rights by virtue of being born in Hong Kong. If the parents of such persons are living in Hong Kong , they must seek a dependant visa for the child.

[emx]

4. If she can't be applied for a permanent ID now, what will happen to her visa with an expiry on Nov 2019?

Apply for a renewal of her dependant visa in October 2019.

[djtron99]

Shafiq,Ok, do you think a formal letter is needed or an email will suffice?I've searched earlier that I could be her sponsor for her visa once I applied/got my permanent ID? I though Im already her sponsor? FYI, Im currently on working visa but applied already for perm. ID. Thanks.

If her permanent residency was not established, she has to stay 7yrs and ger PR. If she is here for 3years only, why did you apply for her?Just withdraw her application, keep applying/extending dependent visa for her until she is here for 7yrs and then can apply for PR for her.FYI, point 3 is your daughters case1. Persons who were born in Hong Kong who also have Chinese nationality are entitled to Hong Kong permanent resident status, regardless of where their parents are from. This was established in a landmark decision by the Court of Final Appeal in Director of Immigration v Chong Fung Yuen.2. Persons who were born in Hong Kong who are not of Chinese nationality may be entitled to permanent residence if one of their parents is a permanent resident . In such cases, the entitlement to permanent residence is only valid up to the age of 21, and thereafter these persons must apply for qualification on their own (article 24(2)(5) of the Basic Law).3. Persons who were born in Hong Kong who are neither Chinese nationals nor have a parent who is a Hong Kong permanent resident acquire no legal rights by virtue of being born in Hong Kong. If the parents of such persons are living in Hong Kong , they must seek a dependant visa for the child.

[djtron99]

Hi Emx,

I've searched earlier that I could be her sponsor for her visa once I applied/got my permanent ID? I thought Im already her sponsor? FYI, Im currently on working visa but applied already for perm. ID. Thanks.

[shafiq]

Hi Emx,

I've searched earlier that I could be her sponsor for her visa once I applied/got my permanent ID? I thought Im already her sponsor? FYI, Im currently on working visa but applied already for perm. ID. Thanks.

You asked in your earlier post “4. If she can't be applied for a permanent ID now, what will happen to her visa with an expiry on Nov 2019?”.

It means you were her sponsor and she has dependent visa. You have to keep renewing it.
After you got PR you still be her sponsor, only difference is your status changes from resident to permanent resident.

[chuckster007]

and to add if you didnt know, even when your kid passes the 7 year mark, she will become permanent resident but still wont get a HKID (the plastic thingy) until she reaches 11 years old, once she reaches 7 year mark the only difference is she will probably get a different sticker in her passport which wont require renewal every few years.

[bdw]

I made the same mistake. When I applied for PR for my family of 4, 3 of us had been living in HK for 7.5 years, but my daughter who had only just turned 7 and actually was born in Tokyo, was only resident in HK for about 6 years and 9 months or something like this. So immigration proceeded with approving only 3 of us and told me to withdraw my daughters application (rather than them rejecting) and told us to apply again for her later. 3 months later was sorted out no worries.

Also as chuckster says, she won't actually get an ID with a HKID number until she turns 11. Now my daughter is 10, turning 11 in September. She just has a sticker in her passport for the last 4 years and annoyingly cannot use the smartgate at immigration when transiting through the airport as they need to sight the sticker. But next month when she turns 11 will get her the PR ID card. Then at the end of the year I'm probably buggering off and leaving HK for good, but at least she'll have the card with the ID number that could come in handy for her sometime in the future if she every wants to make HK her home.

[djtron99]

Thank you all for your replies. I appreciate it! Cheers!