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Lost HK Permanent Resident

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  1. #21

    Join Date
    Jun 2005
    Location
    Hong Kong
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    23,205

    No - the ROA-RTL thing is for people who gained ROA by residence.

    The child as described has no rights to any Chinese or HK nationality/abode. The rules are very clear on this.


  2. #22

    Join Date
    May 2010
    Posts
    10

    voting and deportation is not a issue, if my daugther doesn't have PR (doesn't matter ROA or RTL), after her age 18, I can't sponsor her to get the HK PR or live in HK


  3. #23

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    Jun 2005
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    So if it's so important to you, move now to Hong Kong and she will get PR by residence.


  4. #24

    Join Date
    Oct 2005
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    14,414
    Quote Originally Posted by dcwmk:
    voting and deportation is not a issue, if my daugther doesn't have PR (doesn't matter ROA or RTL), after her age 18, I can't sponsor her to get the HK PR or live in HK
    Or she could in fact try and get a job once she's finished her studies and gain it by being resident for 7 years.

  5. #25

    Join Date
    May 2010
    Posts
    10

    thanks all....

    I will return to HK later, if my daughter can’t get the PR. My current high priority is preparing the appeal letter. Any information for me as a reference


  6. #26

    Join Date
    Jan 2008
    Posts
    11,711

    why don't you send your child to study in hk after 7 years later, she will have roa status.


  7. #27

    Join Date
    Feb 2010
    Location
    Hong Kong
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    22
    Quote Originally Posted by dcwmk:
    Thanks everyone......
    I’m in Australia so I can't get the advice from HK immigration lawyer. I need to return the appeal letter within 14 days. Therefore I try to get some information from all of you.
    Quote Originally Posted by dcwmk:
    thanks all....

    I will return to HK later, if my daughter can’t get the PR. My current high priority is preparing the appeal letter. Any information for me as a reference
    i agree with jimbo, contact a lawyer. you can call a lawyer from Australia and discuss the situation. all the information given here suggests that your daughter has no legal standing, but maybe an immigration lawyer might know about a case with a similar situation that could help you.

  8. #28

    Join Date
    Feb 2010
    Posts
    64

    I'm not an expert in this field, so please correct me if I'm wrong, but I had an understanding that anyone who holds a PR, if they live out of HK and do not enter HK in a space of 36 months that they could lose their PR status too. So potentially, if you or your family members have not visited HK in the last 3 years you could be in the same position.

    Even if your daughter loses her right to have PR status, that does not prevent her applying for a HKID. She just won't have the 3*.

    Why is it important for her to have the 3*? She'll still be able to live and work in HK.


  9. #29

    Join Date
    Feb 2010
    Location
    Hong Kong
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    Quote Originally Posted by Yan888:
    I'm not an expert in this field, so please correct me if I'm wrong, but I had an understanding that anyone who holds a PR, if they live out of HK and do not enter HK in a space of 36 months that they could lose their PR status too. So potentially, if you or your family members have not visited HK in the last 3 years you could be in the same position.

    Even if your daughter loses her right to have PR status, that does not prevent her applying for a HKID. She just won't have the 3*.

    Why is it important for her to have the 3*? She'll still be able to live and work in HK.
    That depends. If you are born in HK and got ROA at birth then you can not lose it regardless of how long you have been gone. I am not sure if the daughter can get an ID, but if she does not have ROA or RTL status then she will not be allowed to live and work in HK without either sponsorship or a visa of some sort. The issue here is that the daughter never legally had ROA.

  10. #30

    Join Date
    Jan 2004
    Location
    Discovery Bay
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    5,018
    Quote Originally Posted by yoose:
    If you are born in HK and got ROA at birth then you can not lose it regardless of how long you have been gone.
    I am positive that this is not true.

    Both my sisters were born in Hong Kong. They are permanent residents and holders of foreign passports. If they are away for a period exceeding 36 months or more at a stretch, they will lose their PR status in Hong Kong.

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