Permanent Residency lapsed.. any chance of getting it back?

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  1. #1

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    Permanent Residency lapsed.. any chance of getting it back?

    Hi all,

    A bit a of a complicated situation here, and I hope someone might have some advice...

    My brother-in-law lost his residency around Christmas last year. He was one of those lucky Americans poisoned by the salmonella in peanut butter. He was sad that he could not make it back here to renew the residency, but felt OK because his job was going well.

    He's since been fired and will lose his US work visa very soon.

    What are the chances of him getting his residency back with an appeal to the IMMD? He's already gathering as much documentation as he can, including his medical statements.

    Any advice would be appreciated. Thanks.


  2. #2

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    Why not send the immigration an email and ask them if there are any specific conditions (i.e. medical reasons) under which they could bend the rules a little bit?

    Immd is pretty flexible ...


  3. #3

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    If he had Permanent Residency (by 7 years residence) then lost it (by not visiting HK for 3 years) he gets Right to Land which gives him all the same privileges except not being able to vote, and frankly that's not worth much here. This is no big deal, unless I'm missing something.


  4. #4

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    PDLM - Doesnt RTL mean you need to come back every year?


  5. #5

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    Not as I understand it - RTL is for life. I can find no reference anywhere on the ImmD site indicating any expiry or requirements on someone having RTL.
    See the last part of Q4 here.


  6. #6

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    Quote Originally Posted by PDLM:
    If he had Permanent Residency (by 7 years residence) then lost it (by not visiting HK for 3 years) he gets Right to Land which gives him all the same privileges except not being able to vote, and frankly that's not worth much here. This is no big deal, unless I'm missing something.
    That's the thing.. he had more than 7 years' residency but his parents never applied for Permanent Residency. So he was still coming in once a year to maintain. He moved out after his first year of high school and has not lived here since.

    Thanks for the links and suggestions, guys. I suspect he should be able to make a pretty strong case, so we'll follow up with IMMD directly.

  7. #7

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    I think he has been coming to HK under a misapprehension. To apply for PR through 7 years residency you must have been continuously resident for 7 years at the time that you apply for PR.

    Where was he born? And what was the citizenship / residence status of his parents at the time?


  8. #8

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    Just get the RTL, as it is no different [except for a few perks like being able to vote]from ROA.
    My far flung Hong Kong born kids, who have never had an ID card have only to drop in at Immigration, sign on the dotted line, and I will be informed when to pick up the RTLs.
    They may never come back to Hong Kong afterwards but if they do they can breeze through CLP with just a wave of the ID card, and ditto for Macau.

    This would apply not only to HK borns but also lapsed ROAs

    Last edited by kombuchakid; 27-02-2009 at 01:04 PM.

  9. #9

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    Quote Originally Posted by kombuchakid:
    This would apply not only to HK borns but also lapsed ROAs
    True, but not, I think, to people who are not Chinese citizens, were not born in HK, spent seven years here (but never applied for ROA) and then left. I don't think they have any residual rights.
    Last edited by PDLM; 27-02-2009 at 04:31 PM.

  10. #10

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    Sorry, PDLM, but you're incorrect.

    My wife did exactly what you describe.

    She moved back in 2004 and applied for permanent residency, which was granted within weeks. She had 13 years residency as a child, and had been returning annually since her family left HK in '99. She is not Chinese nor was she born in HK.

    Anyway, I'l be sure to update this thread once we hear back from IMMD on his appeal.

    Cheers.


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