A
landmark court ruling in early 2003 forced a change in the Immigration
policies of Hong Kong, and effecitively removed the requirement of Unconditional
Stay ("UCS") as a prerequisite before applying for the Right of Abode
in Hong Kong. Long-stay residents of Hong Kong will now be able to apply
for a Permanent Hong Kong ID Card without first having to apply for
UCS. Existing applicants for UCS still have to go through the process
of proving seven years continuous ordinary residence in Hong Kong and
provide all the necessary supporting documentation and information to
support this.
Eligibility
for Right of Abode is defined when someone has been continuously resident
in Hong Kong for not less than seven years, who intends to make Hong
Kong their permanent place of residence and has no security reason for
not granting ROA nor has any outstanding tax liabilities in Hong Kong.
Upon approval of their application for ROA, they no longer needed to
apply for any sort of visa to enter and undertake any activities, such
as employment, business, education, etc. in Hong Kong. The holder of
Right of Abode in Hong Kong must land in Hong Kong at least once every
36 months or the status will be revoked.
The
application process for Right of Abode, although basically administrative
in nature, can still take a considerable time due to the amount of supporting
information required by the Immigration Department and the fact that
they class these cases as fairly low priority. They can be flexible
with some of the required information due to the lengthy seven year
period they are documenting, and in most cases the status should be
granted, barring any security risks to Hong Kong. As always, if
all the required information is submitted in a timely manner, and in
the correct format, this will assist in the processing of the application.
If
you would like further information regarding the Right of Abode, please
do not hesitate to contact us to discuss the
matter further.