Hong Kong Visas Made Easy

26

Sep 2022

Will One Month As A Visitor Between Residence Visas Break My Continuity of Residence for the Right of Abode in Hong Kong?

Posted by / in Long Stay & PR, Your Question Answered / 2 responses

First Published June 20, 2013

This question raises its head in many different guises but this is the first time that anyone has asked it in such a pointed way in the context of training visas – so I’m pleased to be able to shed some light!

QUESTION

Hi,

Great that you provide this service!

I have a question.

I am currently on a 1 year training visa (expiring 30 June). I do not yet have another job offer lined up. I am currently interviewing for other employers, but things are slow.

It is likely that I will need to leave Hong Kong just before the expiry and then re-enter on a tourist visa.

My question is – if my visa expires on 30th June (with no new job offer or sponsor lined up by this time) but I get a job offer in say in mid-July….will the month or so spent in Hong Kong on a tourist visa count against me in obtaining the ‘7 years’ to acquire PR?

Will the clock be reset to zero if I am on a tourist visa, even for just a month or two?

Many thanks for answering!

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15

Sep 2022

Hong Kong PR After 7 Years

Posted by / in 60 Second Snapshot, Feature Article, VG Front Page / No responses

Hong Kong PR After 7 Years?

What does it take to qualify for Hong Kong PR after 7 years?

Are you a foreign national having arrived in Hong Kong legally and have held a residence visa here back to back with no gaps for a full seven years?

If so, you might be in the hunt for permanent residency, and with it the right of Abode.

The test for approval for permanent residency in Hong Kong is as follows.

Have you been continuously and ordinarily resident in the HKSR for a period of not less than seven years?

Were ANY absences from Hong Kong in that time, be they of long or short duration, been of merely a temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad?

Morever, there must be no security objection to you being granted the right of Abode.

There must be no outstanding taxation liabilities in your hands in Hong Kong at the time they approve your PR application

And you need to have been in Hong Kong throughout the seven years claimed for a settled purpose.

Your settled purpose is a function of the visa type that you hold and your settled purpose can change during the seven years if your visa type changes during that time.

Need more details?

Ask me a question and get a podcast anwwer within 48 hours, completely free of charge.

More Stuff You Might Find Interesting Or Useful

INFOGRAPHIC – Pathways to Permanent Residency in the HKSAR

PODCAST  – Hong Kong Right of Abode Application – Consider Your Strategy & Plan Early

FACT SHEET – Your Hong Kong Right of Abode Application

CHECKLIST – Verifying Your Eligibility for a Permanent Hong Kong Identity Card

VIDEO – Time Spent Outside of Hong Kong With Work – the Impact on Your Right of Abode after 7 Years

PODCAST – Work in HK for 5 Years – Leave for 2 – Then Return – Will I Lose My Continuous Residence for PR Purposes?

VIDEO – Arguing Away Missing Periods of Residence in Your Hong Kong Permanent Residency Application

CASE STUDY – Right of Abode Approval Even With  a  Two Year Continuous Absence from Hong Kong

CASE STUDY – The Twists & Turns of an Unusual Hong Kong Permanent Residency Application

CASE STUDY – Winning a Hong Kong Right of Abode Approval in Record Time – Just 4 Days!

PODCAST  – Overseas Chinese & the Right of Abode in Hong Kong

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13

Sep 2022

Hong Kong Visa Information In Less Than 60 Seconds

Posted by / in 60 Second Snapshot, Case Study, Resource, VG Front Page, Your Question Answered / No responses

From my new YouTube Shorts channel.

Perhaps you can Subscribe please?

Once this channel gets to 100 Subscribers, I can name it officially the Visa Geeza channel!

I have historically never given much thought to YouTube but in recent times have figured out how it really works to help connect with folks who need answers to Hong Kong visa questions.

So here we are!

If you’re looking for critical Hong Kong visa information in bite sized chunks, this is the place for you!

Twice weekly, I publish answers to the questions I get asked most frequently so you can grab them go with the specific advice you need in a hurry.

If you’re looking for much more detailed advice check out my other channel Stephen Barnes which has got more than 1000 videos on Hong Kong immigration, each between 10 and 60 minutes covering every topic you could possibly ever imagine.

There you can find all the Hong Kong visa information that you would ever need to know if you have a specific question that you need answering head over to my blog, www.hongkongvisageeza.com where I will give you a Podcast Answer within 48 hours completely free of charge.

And of course subscribe to this channel to keep abreast of all things Hong Kong immigration in less than 60 seconds.

With all subjects covered.

Subscribe now (please!)

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Sign Up for the 100% Free Hong Kong Visa D-I-Y Kit

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12

Sep 2022

Will a Break in Continuous Employment Mean a Break in Continuous Residence For the Purposes of a Hong Kong Right of Abode Application?

Posted by / in Employment Visas, Long Stay & PR, Your Question Answered / 11 responses

First Published July 2012

This question raises a really good point of Hong Kong immigration practice and provides an opportunity to shed some light on how ‘continuity of residence’ is considered by the HKID when it comes to permanent residency applications from 7 year-resident foreign nationals in the HKSAR.

QUESTION

“Hi,

I have been working for an international insurance firm for 2 years in HK now. My visa expires in Apr 2013. If I quit in September 2012 and find a job in Jan 2013 (before the expiration of employment visa) and my new employer is willing to take up the sponsorship, can I still apply for Permanent ID card after a further 5 years if I continuously remain in HK for all of that time? I want to make sure that by leaving my current sponsorship and having a break between my current and next job, that I do not break the “7 years continuous living” eligibility to get Permanent ID card after a total of 7 years of living here.

What do you think?”

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How to apply for the right of abode in Hong Kong – documents required

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16

Aug 2022

Can You Claim Right of Abode in Hong Kong if Your Deceased Spouse Had PR Here But You Didn’t Live With Him at the Time of His Death?

Posted by / in Long Stay & PR, Your Question Answered / No responses

Is the Right of Abode in Hong Kong passed along to the spouse of a permanent resident such that is claimable after the death of your PR holding husband..?

QUESTION

This query is for  my cousin who is an adult.

She was born in Pakistan and got married to a Hong Kong non-Chinese permanent resident.

She has been in Hong Kong many times first after her marriage in 1994 then various times up to  2003.

She has two children one of which was born in Hong Kong.

She currently resides in Pakistan.

She was in Pakistan with her 2 children when she found out her husband passed away in Hong Kong.

She returned once to Hong Kong to verify this,but then came back to Pakistan with her children who were infants at the time.

She now feels able to cope with life in Hong Kong without her husband now that he children are older.

My query: Is there any basis or chance that she may be able to gain right of abode?

I would be grateful if you could help.

ANSWER

As a foreign national seeking to become a permanent resident of Hong Kong, there is a very defined way to go about procuring permanent residency status and unfortunately, it doesn’t transfer to a spouse of a diseased permanent resident by virtue of the fact of death.

The Right of Abode in Hong Kong is directly tied to having been continuously an ordinary resident in Hong Kong for a period of not less than seven years immediately before you apply for the status. So, if we look at your cousin’s immigration profile in Hong Kong, it would appear that sometime after 1994 when she got married assumingly to a person who subsequently went on to become a permanent resident of Hong Kong after 1997, she would have during her time together with her husband have had a dependent visa sponsored by him so from the period after 1997 if she did not live continuously in Hong Kong for at least seven years in her own right, then she at best would have at the time that she made her last departure in 2003 have been merely a dependent visa holder.

And if that dependent visa, on the one hand, was not extended, whilst she was in Pakistan and to even if it had been extended if she was not resident in Hong Kong with her husband and indeed her children at that time it would very difficult to sustain the idea that she was continuously and ordinarily resident in Hong Kong after 2003. But I don’t have any specific instructions as to what her immigration status was at that point in time.

So I will just make the assumption that as of 2003 she was not a permanent resident and that she would not be entitled to apply for permanent residency by virtue of the fact that she was not resident in Hong Kong she was indeed at all times after 2003 resident in Pakistan.

So, given that her husband subsequently died holding a permanent residency for Hong Kong, unfortunately in her own rights notwithstanding her marriage to an individual with that status if she’s not in Hong Kong herself holding a dependent visa she can’t claim ordinary residence so she will never be able to qualify for the Right of Abode.

So, unfortunately, that closes the avenue in relation to her husband. Now, you also make the point that one of her two children was born in Hong Kong, again, without any evidence as to the immigration status of the child it’s difficult to advise whether this would apply to her or not but I will make an assumption that one of the children did secure or at least have the eligibility for the Right Of Abode established at the time of his or her birth and on the basis that until he’s 21 he can show that he’s been settled in Hong Kong, he will at the age of 21 be able to become a permanent resident in his own or her own right and on the basis that your cousin is an over 60 years of age and this child who is holding the Right Of Abode can show to the Immigration Department that he is settled in Hong Kong rather tthan being settled in Pakistan then that child will be able to sponsor its mother, who will be over 60 years of age, for dependent visa permissions as a dependent elderly parent.

But that’s a couple of initiatives sort of down the track as it were, but that would appear to be an option going forward. But it’s not sufficient just to have a status at the age of 21 as a child, he needs have been settled in Hong Kong to be able to be a valid sponsor for an elderly parent’s dependent visa permission. And then assuming that your cousin comes to Hong Kong and lives in Hong Kong continuously for seven years as a dependent elderly parent sponsored by a permanent resident child who settled in Hong Kong she will be able to then go on to secure Right of Abode subsequently but she won’t be able to do while sitting in Pakistan. She’ll have to be in Hong Kong.

Okay, I’ll be found this useful.

More Stuff You May Find Useful or Interesting

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01

Aug 2022

Are Short Term Teaching Programmes Delivered by Non-resident Educators Subject to Normal Hong Kong Immigration Policy?

Posted by / in Employment Visas, Your Question Answered / 3 responses

First Published August 2, 2017 – Now See This Update

QUESTION

As a school we regularly invite specialist teachers (generally musicians or artists) to visit from overseas and provide workshops for both students and staff.  We pay these specialists a fee and provide accommodation and flights.  Generally the visit will last two weeks.  Is it necessary to obtain an employment visa for these people?  We have asked the Immigration Department but they will not provide a definitive answer.  Many thanks.

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25

Jul 2022

Do I Still Need a Hong Kong Working Visa if I’ve Been Placed on Gardening Leave?

Posted by / in Employment Visas, Special Programmes, Your Question Answered / No responses

You always need a Hong Kong working visa to take up employment in Hong Kong whether paid or unpaid. What about if you are serving out your notice period on gardening leave?

SMALL-keep-calm-and-ask-the-visa-geeza

(First Published June 4, 2015)

QUESTION

My friend resigned from his job with his Hong Kong employer in May and he was on placed on garden leave right away. 

His last date of reporting is in November (he is serving out 6 months notice for his resignation). 

However, his Hong Kong working visa will expire in the middle of this month (June). 

The employer is not willing to help to extend his Hong Kong working visa. 

Could you suggest anything my friend can do?

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I want to change jobs with a significant reduction in my base salary – how will this impact on my Hong Kong employment visa change of sponsorship application?

What do you need to to do if there has been a change in the details of your Hong Kong employment visa sponsor but no change in your employer?

What happens if you inadvertently breach your conditions of stay by taking up an unauthorised employment in Hong Kong without first applying for a change of visa sponsorship?

I’ve lost my job – what happens to my Hong Kong employment visa?

Is there such an animal as a ‘flexible’ working visa in Hong Kong?

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