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Covid & Losing ROA Status - 36 Month Entry Exemptions?

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  1. #11

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    Quote Originally Posted by kostas:
    Got a formal reply from the HK Immd via email regarding the subject, short version is no dice...

    The required period of absence from Hong Kong, i.e. a continuous period of not less than 36 months, following which a HKSAR permanent resident will lose his HKSAR permanent resident status or eligibility to be taken as such is prescribed by law, namely the Immigration Ordinance. There is no provision in the Ordinance empowering the Director of Immigration to extend or enlarge the period of absence or empowering him to waive compliance with these statutory provisions on grounds of exceptional hardship or unforeseen circumstances.
    Thought as much.
    I have until the end of this year to make it back.

    If I have to quarantine then so be it.
    dossier likes this.

  2. #12

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    What about ability to access public health services without paying the non-resident rates?


  3. #13

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    Quote Originally Posted by z754103:
    What about ability to access public health services without paying the non-resident rates?
    If you have ROA or RTL you are eligible to register for an HKID. As long as you have a valid HKID you can access healthcare at the rates of an Eligible Person
    z754103, dossier and BritishRose like this.

  4. #14

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    Has anyone who is a non-Chinese citizen with HKPR ROA actually experienced being downgraded to RTL after 36 months absence from Hong Kong?

    Surely this would not actually happen until an HKPIC replacement exercise occurs, as you still have a valid HKPIC until they argue otherwise?

    In other words, even if you are absent for more than 3 years and come back, your HKPIC still works and is taken to be an HKPIC until such a time that the Immigration Department actively cancel it?


  5. #15

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    Quote Originally Posted by dossier:
    Has anyone who is a non-Chinese citizen with HKPR ROA actually experienced being downgraded to RTL after 36 months absence from Hong Kong?

    Surely this would not actually happen until an HKPIC replacement exercise occurs, as you still have a valid HKPIC until they argue otherwise?

    In other words, even if you are absent for more than 3 years and come back, your HKPIC still works and is taken to be an HKPIC until such a time that the Immigration Department actively cancel it?
    Your status and the physical card does not need to be aligned. Just because you are holding a PERM HKID, does not mean you are recognized as a PERM on the system.

    I changed to Perm recently, and the HKID number remains the same, but the system status will recognize I am a PR.
    emx, bdw, dossier and 3 others like this.

  6. #16

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    Quote Originally Posted by dossier:
    Has anyone who is a non-Chinese citizen with HKPR ROA actually experienced being downgraded to RTL after 36 months absence from Hong Kong?

    Surely this would not actually happen until an HKPIC replacement exercise occurs, as you still have a valid HKPIC until they argue otherwise?

    In other words, even if you are absent for more than 3 years and come back, your HKPIC still works and is taken to be an HKPIC until such a time that the Immigration Department actively cancel it?
    HKID replacement exercises happen every 20 years or so, and they don't wait until then to enforce status changes on people. They have a computer that automatically downgrades you as soon as you have been out of HK for 36 months.
    emx and dossier like this.

  7. #17

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    Quote Originally Posted by bdw:
    HKID replacement exercises happen every 20 years or so, and they don't wait until then to enforce status changes on people. They have a computer that automatically downgrades you as soon as you have been out of HK for 36 months.
    I’m curious if we have actual evidence of this from people? I know it is said but am interested to hear experiences of this (or otherwise).

    For example, what happens if a non Chinese HKPR is away for more than 3 years and then returns and enters via an echannel?

    If no one actively removes their HKPIC, what stops them continuing to use it for stamp duty, immigration, cash handouts etc?

  8. #18

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    Quote Originally Posted by D.YU:
    Your status and the physical card does not need to be aligned. Just because you are holding a PERM HKID, does not mean you are recognized as a PERM on the system.

    I changed to Perm recently, and the HKID number remains the same, but the system status will recognize I am a PR.
    Isn’t the irony of the card saying “Permanent” when it is not, not lost on anyone?

    Would I be right in guessing that the post 1997 arrangement was structured to discourage some from renouncing Chinese HKSAR nationality? Ie by creating the 36 month loss rule for non Chinese citizens

  9. #19

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    Quote Originally Posted by jimbo:
    Thought as much.
    I have until the end of this year to make it back.

    If I have to quarantine then so be it.
    How is the mechanism of the 36 months calculated by the immigration department in practice?

  10. #20

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    Quote Originally Posted by dossier:
    How is the mechanism of the 36 months calculated by the immigration department in practice?
    From the time you exit HK to the time you re-enter HK.

    How hard can it be?
    bdw, alexdown, mrgoodkat and 1 others like this.

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