PR Application - VEPIC Rejected

[aprk]

My VEPIC got rejected recently on the grounds that I did not satisfy the 7 years of mininum stay for non-Chinese nationality.

1. I'd like to ask for advice whether I can appeal based on these timeline:

Aug 2017: arrived HK with student visa valid for 4 years, however on landing slip it's written "Permitted to Remain until Dec 2020"
Jan 2020: left HK due to unrest and covid
Nov 2021: returned to HK on IANG recent graduates visa, as my degree was conferred in June 2021.

I've stated the above timeline and put "Covid pandemic outbreak" as the reason of absence.

Heard many cases of PR applications got approved despite being absence frrom HK for >6 months due to Covid. Do you think I can still include this reasoning in my application?

2. Should I re-apply VEPIC through the online application platform, or should I go to Registration of Person office and apply for HKPIC? The latter was suggested in writing in the VEPIC rejection letter.

If you've had/heard of any VEPIC rejection cases, please do share it with me too. Many thanks all!

[jimbo]

You left for almost two years?

Did you still have ties in HK during that time? I.e rental property in your name etc?

[johnnygba]

You ceased to be ordinarily resident unless you can prove otherwise.

Valid visa for duration of absence.. accounts in hk, phone number, paying bills, storage in hk, family in hk.. proof of temporary study overseas.

I think in your situation it is not going to be possible.

[PLamHK]

I agree with the above - 2 years with no ties to HK is too long. But I think you should be able to renew your IANG visa until 2028 and reapply then, assuming you remain suitably employed.

[shri]

Two year break in residency and 10 months between visas - computer says no for ordinarily resident status.

[aw451]

Leaving HK due to the covid outbreak doesn't seem like something someone would do if Hong Kong was their home. That's your problem, you actually told ImmD that you don't treat HK as your home.

[DBrez]

You'd get away with not being in HK but not with the gap in having a visa. Start the clock again!

[paddylast]

Leaving HK due to the covid outbreak doesn't seem like something someone would do if Hong Kong was their home. That's your problem, you actually told ImmD that you don't treat HK as your home.

Although tens, if not hundreds of thousands permanent residents did just that. I take the point it doesn't look good applying for PR.

[Peaky]

Not maintaining a visa is the key issue. Mine was recently rejected for a 2 week gap between employment visas! (No biggie as I only “lost” two months and will reapply soon).

[er2]

Not maintaining a visa is the key issue. Mine was recently rejected for a 2 week gap between employment visas! (No biggie as I only “lost” two months and will reapply soon).

This is the correct answer. All other aspects - including full two year absence - could be worked around. ImmD explicitly does not make physical presence a requirement for ordinary residence. Not being legally allowed to stay here for 10 months though - nope. Clock got reset, need to complete the seven years from Nov 21 on.