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Are family members who are accompanying a main applicant for the right of abode in Hong Kong treated in any particular way by the Hong Kong Immigration Department?

QUESTION

Hi

When applying for the right of abode in Hong Kong for the whole family .. if I put in 9 years worth of my husband’s tax forms and 9 years’ worth of rental contracts for our flat do I need to any any proof for myself and children (18, 16  &  13) .. all 3 of whom are now at boarding school in the UK. 

Does it matter that they have studied away as they are still resident here? 

We all have dependant visas.

Thanks!

ANSWER

When applying for the right of abode in Hong Kong, if the entire family has been ordinarily resident alongside the main applicant, you can prepare the application papers highlighting the main applicant’s continuous ordinary residence for the required minimum of seven years. Family members who have also been ordinarily resident during this period can effectively “piggyback” on the main applicant’s application. By submitting nine years’ worth of tax returns and corresponding documents that demonstrate your residential arrangements in Hong Kong, you can meet the documentation requirements for the family application without needing additional information. Regarding children being educated overseas in boarding schools, their time spent away for educational purposes will not disrupt their continuity of ordinary residence, provided their parents remain ordinarily resident in Hong Kong and the children return home during school holidays. Thus, their education will not hinder their eligibility for permanent residency alongside you and your spouse. I hope you find this helpful!

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