Right of abode in Hong Kong: According to the Immigration Ordinance, individuals falling into six specific categories are eligible for the right of abode in the Hong Kong Special Administrative Region (HKSAR). Additionally, those meeting the transitional arrangement criteria outlined in the same Ordinance can also enjoy this right. This page offers details on the eligible categories, transitional arrangements, and guidance on where to find more information.
Eligibility Categories:
Under the Immigration Ordinance, a person is considered a permanent resident of the HKSAR and has the right of abode if they belong to one of the following categories:
Chinese Citizens
(a) A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR.
(b) A Chinese citizen who has continuously resided in Hong Kong for a period of at least seven years before or after the establishment of the HKSAR.
(c) A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of the person’s birth, was a Chinese citizen falling within category (a) or (b).
For individuals falling under category (c), the right of abode as a permanent resident of the HKSAR can be exercised upon establishing their permanent resident status by holding:
- 1. A valid travel document issued to them, along with a valid Certificate of Entitlement affixed to the travel document.
- 2. A valid HKSAR passport.
- 3. A valid permanent identity card.
Non-Chinese Citizens:
(d) A non-Chinese national who enters Hong Kong with a valid travel document and has been living in Hong Kong continuously for at least seven years, choosing it as their permanent residence either before or after the establishment of the HKSAR.
The seven-year period of ordinary residence must immediately precede the date when the person applies to the Director of Immigration for permanent resident status under this category. The individual must declare, as per the Director’s specified form, that Hong Kong is their place of permanent residence. If the person is under 21, a parent or legal guardian must make the declaration on their behalf. The person needs to provide information to convince the Director that Hong Kong is their permanent residence, including details on habitual residence, the presence of family members in Hong Kong, sufficient means of income, and compliance with tax laws.
It’s important to note that a person asserting permanent resident status under this category does not possess that status until they apply to the Director of Immigration and receive approval.
(e) An individual under 21 born in Hong Kong to a parent who is a permanent resident in category (d), either before or after the establishment of the HKSAR, provided that at the time of birth or any time before turning 21, one parent has the right of abode in Hong Kong.
Upon reaching 21 years of age, the person loses permanent resident status under this category. However, they can apply to the Director of Immigration for permanent resident status under category (d).
(f) Any person not falling into categories (a) to (e) who, before the establishment of the HKSAR, had the right of abode in Hong Kong exclusively.
This individual must provide information as reasonably required by the Director of Immigration to confirm their right of abode only in Hong Kong before the establishment of the HKSAR. A declaration asserting this right must be made, and if the person is under 21, a parent or legal guardian must make the declaration.
A person under 21 born in Hong Kong on or after July 1, 1997, to a parent with permanent resident status under this category at the time of the birth, is considered a permanent resident of the HKSAR, even if they would have no right of abode elsewhere.
Upon turning 21, the individual ceases to be a permanent resident under this category but can apply to the Director of Immigration for permanent resident status under category (d)
Transitional Measures:
Chinese Nationals
Individuals who held Hong Kong permanent residency as Chinese citizens immediately before July 1, 1997, under the then-existing Immigration Ordinance, will retain permanent residency in the HKSAR as long as they maintain their Chinese citizenship.
Non-Chinese Nationals
Those who are not of Chinese nationality and were permanent residents of Hong Kong before July 1, 1997, fall under category (d) for permanent residency in the HKSAR. They are exempt from the requirements outlined in the second and third points of category (d) if:
- 1. They were settled in Hong Kong immediately before July 1, 1997.
- 2. After ceasing to be settled in Hong Kong immediately before July 1, 1997, they returned to settle within the 18-month period starting from July 1, 1997.
- 3. After ceasing to be settled in Hong Kong immediately before July 1, 1997, they returned to settle after the 18-month period starting from July 1, 1997, but only if their absence from Hong Kong was continuous for less than 36 months.
A flowchart illustrating these transitional measures can be found through the provided link
Transitional Measures:
Explore the following links for more details on eligibility criteria for the right of abode in specific scenarios. Learn about the documentation required to establish eligibility, and understand the consequences of losing the right of abode in the Hong Kong Special Administrative Region (HKSAR).
For Chinese Citizens:
- 1. Status of Chinese citizens without foreign passports.
- 2. Situation of Hong Kong residents (including former residents) of Chinese nationality who held permanent resident status before July 1, 1997, and possess foreign passports.
For Non-Chinese Citizens:
- 1. Position of non-Chinese citizens.
- 2. Individuals of non-Chinese nationality who previously had the right of abode in Hong Kong before the establishment of the HKSAR.
Loss of Right of Abode:
Explore the implications of losing Hong Kong permanent resident status.
Frequently Asked Questions
Yes, Hong Kong’s Right of Abode is permanent, providing a secure residency status for successful applicants.
Yes, you can apply for the Right of Abode while holding a dependent visa, subject to meeting other eligibility criteria.
While there are no specific language proficiency requirements, a basic understanding of English or Chinese can be beneficial during the application process.
Yes, dependent children under the age of 18 can be included in the Right of Abode application.
In the event of rejection, applicants have the option to appeal the decision. Understanding the grounds for rejection is crucial for a successful appeal.
Hong Kong does not recognize dual citizenship. Applicants are required to renounce their previous citizenship upon obtaining the Right of Abode.
