[azurenights]

Great I just spent a significant amount of time to explain my situation exactly and then the browser fails on me so my post doesn't appear. I have to do it all over again.....well here goes

I am an exchange student currently studying at a university in Hong Kong. My home university is in Australia and I'm an Australian. This semester will be my final semester of my undergraduate degree and in July I will be back home for my graduation ceremony.

I have already been in Hong Kong for 5 months and I really want to find a job here after I graduate. I was already planning on getting a job in Hong Kong before coming here but there are a lot of hurdles that I need to jump before I can actually get a job. But before going on any further I think I should provide a bit more background information about myself. My degree is a double degree in commerce (majoring in accounting) and information technology (majoring in information systems). I am an ABC (Australian Born Chinese), but English would have to be my first language and second would be Cantonese.

Now the problem I have is that I don't have Hong Kong permanent residency. So far all the jobs that I have seen advertised require that the person have Hong Kong permanent residency, is experienced in that field and have a good command of chinese and english. Unfortunately I don't have any of those which makes me pessimistic about getting a job here. The graduate jobs SEEM to be suitable for me, because I myself will be a fresh graduate, however the problem is that I don't have permanent residency. Usually when I apply for the graduate positions I would always get an email from them asking me if I have Hong Kong permanent residency. I have thought about teaching english here but I am afraid that I could be discriminated against as I have the oriental look and not the foreign one.

Even though I don't have the right to abode in Hong Kong I was hoping that there maybe a slight possibility that I actually do as my mum holds a three star hong kong permanent ID. I myself have a HK ID, but it does not have three starts and the first letter of my ID number begins with an R. The reason I have the ID in the first place is because it makes travelling more convenient especially coming back to Hong Kong, and medical costs are supposedly cheaper if I have that card. Anyways I was born in Australia and I have never been considered to be a chinese national. I am 22 years of age now and after reading some of the definitions of whether I have the right to abode in Hong Kong from the Hong Kong immigration site, it seems that I do not have this right. But maybe there is something that I have overlooked? If anyone reading this post can see some possibility of me getting permanent residency please reply or PM me. The last time my mum came to Hong Kong was before the handover, but since she has the ID card she is still considered to be a permanent resident right? My Mum is also an Australian Citizen, and same with my Dad. But I'm not exactly sure if my dad ever has had Hong Kong citizenship. My dad from southern china and moved to Australia at a young age, just in case your wondering what was up with my dad not having HK ID card.

So people what can I do to get a job? I don't think there would be a company willing to employ me as I don't feel that I have a special unique skill (well I do have the ability to speak english like an Australian) ^_^? You think that would land me a job?

I also forgot to mention that all my relatives are in Hong Kong. I don't have any other family in Australia apart from my direct family.

Any replies, comments or suggestions would be great......

[Gillig Phantom]

As far as I know, you should not have any problems applying for permanent residency in Hong Kong unless your mother did not have the right of abode in Hong Kong at the time you were born. In fact, this is where the issue got hot. Many children from mainland were born at the time that one of their parents had the permanent residency already. But they cannot just come to Hong Kong freely and apply permanent residency like the overseas children. They need some sort a permit to leave China and a one-way pass to Hong Kong so that their application for permanent residency would be considered.

Since you are in Hong Kong right now, I would suggest you to have your mother sent you either the original or copy of your birth certificate and her ID card as soon as possible (preferably copy in case the originals got lost when mailing), go to the Immigration Department in Wan Chai, and ask for assistance. It may be possible for your mother to be physically in Hong Kong with the original documents once they consider your application.

Hope this helps~

[azurenights]

Are you sure about this Gillig? If it is the case then I would be extremely pleased. Does it matter that I already have a HK ID card? Cause the immigration people asked me if my parents were still HK residents I just said to make the process of getting my ID a lot quickers

When your ID has an R on it that means that you have "'Right to Land'.

[azurenights]

Originally Posted by Paul

According to the HK Immigration department website here:

http://www.immd.gov.hk/ehtml/hkvisas_4.htm#1



So if your ID card is endorsed as above (Right to Land) you don't need any further permission to do anything.

But I am on a student visa while I am in Hong Kong. Do ID cards have an expiry date? My visa expires on the 14th of July this year.....

So can I work? Can I apply for permanent residence? thanks

[Gillig Phantom]

If you are on a student visa in Hong Kong, all I can see is that the ID card you are holding does not grant you the right of abode in Hong Kong. In fact, there are two types of HK ID card, the Hong Kong Permanent Identity Card and the Hong Kong identity card.

HKPID card has the following words at the back, "The holder of this card has the right of abode in Hong Kong". If not, then your ID card is the same as those domestic helpers from other Southeast Asian countries that are holding the Hong Kong identity card.

In this link, I can see you belong to 4-C, which:
A person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

A person's ROA by virtue of his being a permanent resident of the HKSAR under this category can only be exercised upon the establishment of his status as such a permanent resident by his holding of -
a valid travel document issued to him and of a valid certificate of entitlement also issued to him and affixed to such travel document;
a valid HKSAR passport issued to him; or
a valid permanent identity card issued to him.

The biggest difference of right to land and right of abode is that people who have the right to abode may not to be deported from the HKSAR by the Immigration Department.

In the FAQ section, they have these procedures:
How to apply for right of abode (ROA) while I am in HKSAR?

A52: Under the law, a valid permanent identity card (PIC) shall be evidence that the person to whom the card relates enjoys the right of abode (ROA) in Hong Kong.

Before you proceed to register for the issue of a PIC, you will need to show that you are eligible for registration under the Registration of Persons Ordinance and Regulations. For this purpose, an administrative arrangement has been made for you to apply for verification of your eligibility for PIC. Under the normal circumstance, you should submit the application on form ROP145 with copies of supporting documents BY POST to the Right of Abode Section of the Immigration Department (Address: 25/F Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong). A specimen of the form is available at our website at http://www.immd.gov.hk/ehtml/hksarvepid_1e.htm for reference but not for downloading. You MUST BE in Hong Kong at the time of application. Applications from overseas will NOT be entertained. Normally it will take SIX WEEKS to process such application. But it may take a longer time depending on the complexity and the number of applications received in a particular time.

So, I would suggest you to have your documents ready for application before you leave Hong Kong and back to Australia to attend graduation ceremony.

Hope this helps~

[azurenights]

Thanks for the replys.....

I have to first say that the whole reason I have a HKID card in the first place is because of my student exchange to Hong Kong. If I never came here on exchange I don't think I would have ever been able to get a HKID card in the first place.

The second thing I have a question about is in regards to your last post Gillig, it says a person of Chinese Nationality born outside of China.....I don't think I ever was of chinese nationality as I was born in Australia and considered to be an Australian citizen after my birth.....or am I wrong about this?

Hoping to here from your replys soon

[Gillig Phantom]

First of all, Article 3 states that The People's Republic of China does not recognize dual nationality for any Chinese national.

And Article 5 states that Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

How does this relate to your case? Let's assume both you and your parents are already citizen of Australia. You can still enjoy Right of Abode (ROA) in Hong Kong given that your parents did not declare change of nationality to the HKSAR Immigration Department. If your parents did make a declaration, which was approved by the Department, your parents are no longer Chinese national and that you won't have ROA in Hong Kong.

What is the difference between before declaration and after declaration? At least in Hong Kong, it makes no difference of what foreign passport you and your parents have. But when your parents did make a declaration before, they still can enjoy ROA in Hong Kong while you can't due to above reasons. They are also entitled to to consular protection in the HKSAR and other parts of China on account of their holding the above mentioned documents. However, they will also lose their ROA and acquire Right to Land (RTL) automatically if they did not meet one of these requirements:
1. They were settled in Hong Kong immediately before 1 July 1997.
2. After they ceased to be settled in Hong Kong immediately before 1 July 1997 they return to settle in Hong Kong within the period of 18 months commencing on 1 July 1997.
3. After they ceased to be settled in Hong Kong immediately before 1 July 1997 they return to settle in Hong Kong after the period of 18 months commencing on 1 July 1997 but only if they have been absent from Hong Kong for a continuous period of less than 36 months.

To make it short, you have ROA if your parents had ROA already at the time you were born and they did not file or make a declaration of change of nationality in the past.

So give it a try~

Paul is right. azurenights check your pm again as I really need to find out the complete picture.

[azurenights]

Originally Posted by Paul

The fundamental issue I don't understand is that you said that your ID card number starts with R. Emigra (who are expert on these things) says that in this case you have the Right to Land. The Immigration website states that if you have the Right to Land then you DO NOT NEED a visa of any type whether as a student or for employment.

Azurenights: does your ID card say on it (probably on the back) "the holder has the Right to Land in Hong Kong" or something like that?

My HKID doesn't have anything on the back. In my previous post I mentioned that I am on a student visa. I got my student VISA first, and after that I got my HKID. If I wasn't on a student visa I don't think I ever would have got my ID in the first place.