After losing the ROA..... what next?

[lamak]

Hi Guys,

I am new to geoexpat and this is my first post. Please help, would any of you have a clear idea what happens in the following situation.

I hold a permanent HKID card (old one) issued on(December 1998) I have not visited HK since PR was granted to me its been over 11 years now.

From the immigration regulations, I gathered that I would naturally lose my permanent residency status and have the Right to Land.

When I communicated with Immigration Dept, they informed me that I should visit HK on a vistor's visa and 1) then apply for a smart identity card within 30 days of my arrival in HK, and
2) an assessment will be made on whether I have lost my PR status and retained the right to land in the HK before issuance of the smart identity card.

OK, I understand I need to get a new Smart ID card but whats with the assessment? I was a permanent resident, I was absent for more than 36 months and now I wish to return and look for job.

I thought I could still travel to HK on my current HKID card and Immigration at the airport would advise me to go to the Immigration and apply for a smart card and then revert to being an ordinary resident.

What is the assessment? What is the criteria they are looking to fulfill for the residency status? Is there any way I can bolster my case?

Please advise whehter you know of any people who were in the same situation as I am in and whether this "assessment" is a hurdle in any way to prevent me from having the Right To Land in HK?

Your feedback would be greatly appreciated! Thank you.

[Claire ex-ax]

Your old card is no longer valid as all cards are now Smart Cards. You need to 'upgrade' to use the terminals at Immigration. Hence you have to enter on a visitor's visa.

[PDLM]

I don't see any way you could not have at least Right to Land with a Permanent HKID issued after 1997.

As I understand it from some recent experiences people have posted here, the assessment normally refers to deciding whether people with *** on their HKIDs were actually granted that in error - some of them are being "downgraded".

Does your card have *** (i.e. did you have the right to a Hong Kong Re-entry Permit, meaning, roughly, were you considered a Chinese Citizen)?

If this question didn't come up in the discussion with ImmD then they may have assumed you were one of these cases.

[PDLM]

Your old card is no longer valid as all cards are now Smart Cards. You need to 'upgrade' to use the terminals at Immigration. Hence you have to enter on a visitor's visa.

I really don't see how that can be the case. Not having a valid ID card doesn't, per se, mean that you don't have the right to reside in HK. This could be a right pain in the neck if the passport you hold is one that requires a pre-issued Visa.

[Claire ex-ax]

Just the card itself is invalid; the information still is valid.

From the SmartId website:

With effect from 30 November 2008, all the old identity cards issued before 23 June 2003 have become invalid.

The invalidation of old identity cards will not affect the holder’s right of abode in Hong Kong unless the holder has lost his permanent resident status under the Immigration Ordinance, Cap. 115, Laws of Hong Kong.

[PDLM]

Exactly - so why would the person have to enter as a visitor?

[Claire ex-ax]

If one doesn't have a valid ID card, how would you suggest they enter HK?

[PDLM]

By going to the manned desk, showing their old HKID and the stamp in their (old) passport that shows they have no restrictions on stay in Hong Kong.

Entering as a visitor has certain implications - for example, you have to hope that you don't need to use any medical facilities.

[Claire ex-ax]

The OP just has to get to ImmD Tower asap after arrival.

[lamak]

Thanks both of you for your responses. I am not of Chinese decent. I do not have *** any where on my HK ID card. Under my DOB it states:
AMOY
H1

then date of issue....

On the back it says "The holder of this card has the right of abode in Hong Kong"

Will the immigration dept., confirm me as a resident after the assessment? I lived in HK for over 14 yrs. Did both my primary and secondary education from there etc... I am originally from Pakistan.

Any further assistance would be greatly appreciated, thank you.