[TSTPaul]

Hi All

Many thanks for all the trouble taken to reply to our many questions. I have found it extremely interesting reviewing all the stuff about dependent visas etc, My question is a little different and pardon me if it has already been addressed.

The HK Immig website quotes as the answer to a FAQ about Right of Abode in HKSAR "a person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR."

My Extended Visitors Visa was approved last month on the basis of a long term same sex relationship with a Hong Kong ID holder. The whole process took about 6 weeks and would have been quicker if I had been better organised. Pretty impressed with the efficiency of the process and have no complaints about it at all. I am also aware that dependent visas do not apply to same sex relationships etc.

My question is "Am I right in assuming that if we maintain our relationship and I stay legally in Hong Kong with appropriate visa extensions etc. that I will eventually qualify for 'right of abode'?"

I would be interested in anyones feedback.

Many thanks for such a great forum
TSTPaul

[KnowItAll]

I would think that a visitor visa is not a residence visa and might not qualify you for right of abode.

Best to ask the folks at IMMD. enquiry@immd.gov.hk

On a side note.. there was a case of a man who was imprisoned for 7+ years. At the end of the sentence he applied for permanent residency and was rejected. The case went to the court of final appeals -- unfortunately I lost track of what happened.

I do recall there the definition of residency was tightened up a little bit after that case.

[HKChigger]

Visitors should not be eligible for right to Abode as you shouldn't be receiving an ID Card which is what is proof of you being a resident to begin with.

One other thing to keep in mind is Immigration is not going to approve extensions for 7 years anyways. That is a long time for someone to be a "tourist"

[PDLM]

You are a visitor not a resident so time here on a visitor's visa doesn't count towards the 7 years of residence. Nor can you work or study, but I guess you knew that.

[TSTPaul]

Thanks. I really appreciate you taking the time to give me your obviously experienced views.

As to whether Immigration will renew an extended visitors visa I queried the immigration consultant who has written to me today and says "As explained earlier, you've got the final visa already. There is no other residency visa coming up. Now as Immigration understands perfectly your relationship with [your partner], so you can basically continue to stay in Hong Kong as long as your relationship doesn't change.

Every 6 months you are required to extend your pro-long visitor visa. Immigration will give an assessment before they consider your 6-month extension." etc etc.

So I guess I will have to wait and see.

best wishes
TSTPaul