[HKNewBi]

Hello Everyone

I have recently returned to live in HK after a few years absence. I had permanent residency before 1997 but understand I needed to reapply.

I was studying in the UK at the time. I have continued to visit Hong Kong every year so still have temporary residency. I want to apply for a permanent ID card but I have a question:

I visited immigration and appear to qualify but for one question - am I currently resident in HK at the time of application. I have just moved back to HK and I have bought a flat and am currently looking for a job.

If I now apply for permanent ID card, will I have sufficient evidence (what will they ask for?) and if for whatever reason it is rejected, is there any impact to this (ie can't apply again for x many years or my status is affected?).

I am just a bit nervous about putting in the application. I should get a permanent card but don't want to compromise my current situation unnecessarily.

Thanks!

[carang]

what do you mean by "compromise my current situation"?

you should approach immigration information counter with your question. they are usually very helpful. they will not know who you are or take down any information, so your questioning them will not/cannot be traced back to you...
then you'll get a straight answer from people "in the know".

GOOD LUCK!

[HKNewBi]

Thanks Carang

I did ask in the immigration department. They said I had to submit my application and there were not able to give immigration advice.

What I mean - I have a temporary ID card at the moment. If I apply for Right of Abode ID card and my application is rejected, can this in any way have a negative effect on my status?

Should I perhaps wait 6 months or a year before making this application or can I apply now and if unsuccessful, apply again in 6 months?

It all comes down to the final question on the checklist - to have RoA you must be ordinarily resident in HK at the time of application. I am now (I have bought a flat here, my daughter has started school etc) but all this has happened in the last month.

Thanks

[Anthony Green]

"Normally" you are expected to have been "resident" for all of the 7 years preceding the application for "Permanent Residence". That didn't take in to account any PREVIOUS 7 years of residency the applicant might have had.

My brother had one hell of a fight to get this Permanent ID Card - as he was out of HK a lot during the previous 7 years even though he was based here.

Me ?

I had no problems ............ I married a HK Chinese lady long before the Commies took out this place.

I suspect that you will *have* to **PROVE** the continual attachment to HK whilst away - Don't quote me, but perhaps the necessity of ongoing studies outside of HK would be "mitigating circumstances".

If unacceptable to Immigration Dept, then you are back at "Square One" (I suspect) and have to wait 7 years {again}.

Be prepared for a tussle if you attempt to "prove" you were still attached to HK - Don't dispose of your old Passport if it shows entry / exit stamps for HK ! You might need it............

[HKNewBi]

Thanks Anthony

The form I was given by immigration said that I had to have 7 years continuous residency in HK either prior or post the handover. I used to have permanent ID card but apparently I had to reapply after the handover and I missed the deadline to do this by 2 weeks (1st Jan 1999). I have been returning to HK every year for at least a week since then to make sure I keep my temporary ID card.

There appeared, from the form, to be no grey area - just as long as at some point I have had 7 years permanent residency - the break did not seem to matter. But by way of caution it would be good to find out if this really is the case?

From my limited dealings with Immigration over the years I have found them to be pretty straightforward to deal with. With this in mind, does anyone feel I may have a difficult time? Am I simply being a bit optimist here?

Any advice appreciated!

Thanks

[ap999]

If you are chinese then you will not have a problem. If you are chinese and had the right to abode before then you can never loose it (i may be wrong on this one, but from my understanding this is correct).

The only People that can loose the ROA are ppl that are non-chinese, in this case these ppl will get the Right To Land

[carang]

right to land allows you to work as well, so it's almost as good as ROA (from what i've understood)

[HKNewBi]

Yeah, right to land gives you most of what RoA does - except no voting etc.

From reading the form it states '7 years continous residency'. It doesn't put a timescale on this. I guess I just turn up armed with a load of utility bills etc and that should be fine. I hope.