Can I Extend The 3 Years Needed To Keep My Right of Abode In Hong Kong?
Posted by The Visa Geeza / in Feature Article, Long Stay & PR, Musing, VG Front Page / 82 responses
Can I Extend The 3 Years Needed To Keep My Right of Abode In Hong Kong?
Will ImmD Make An Exception For Me?
Can I extend the 3 years needed to keep my Right of Abode in Hong Kong? I originally published this video in January 2022, when we were very much ‘peak Covid’ in Hong Kong. I shot the video in response to dozens of emails each week from permanent residents who had been absent or were coming up for being absent from Hong Kong continuously for three years because of the pandemic.
Can You?
The question essentially amounts to this.
Can the Immigration Department make an exception for those foreign nationals who originally secured permanent residency after seven years of continuous ordinary residence, but for one reason or another, find themselves away from Hong Kong during the pandemic for an extended period of three years?
Namely, any chance of them being able to get some sort of waiver or other dispensation due to the challenges that COVID is bringing to everyone’s ability to get back to Hong Kong quarantine-free?
Unfortunately, the Director of Immigration doesn’t have the power to waive the one-in-3-year rule as the Right of Abode is an instrument of the Basic Law.
This means that unless and until as a permanent resident in Hong Kong, the foreign national permanent resident of Hong Kong you have been physically present in Hong Kong on at least one occasion in any three-year given period, you will be by operation of law automatically downgraded to the Right to Land if you are unable to get back here for the one in three-year criteria.
There is an occasional exception where the absence is involuntary, such as imprisonment or extended hospitalization.
So what does the loss of Right of Abode after 3 years mean in real terms?
Well, actually, the Right to Land downgrade that occurs, while sits, you know, disappointing in order to say something positive about that bottom line is that the rights that accompany the right time, that’s the right to work, the right to respond to family members who are dependent loses the right to sponsor, elderly parents who depend on these as some of the other rights that accrue with the Right of Abode are not lost.
You do not have the right not to be deported, but you can’t be removed from Hong Kong.
Functionally, the Right to Land is the same as the Right of Abode, albeit you can be deported.
The difference for the most part practically falls to whether or not as a permanent resident holding the Right of Abode you can qualify for things like the scheme HKD6000 and other free money giveaways that the government occasionally avails to Hong Kong to permanent residents.
It’s those types of things but in a very pure practical sense, if you are downgraded to the right to land essentially it means you can come back to Hong Kong at any point in the process and pick up your life from wherever you left it off.
You don’t need any permission from the Hong Kong Immigration Department to do that.
Seven years of continuous residence later, you can then subsequently apply for Right of Abode once again.
More Stuff You May Find Interesting or Useful
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What Can Be Said To Constitute Ordinary Residence For The Purposes Of A Hong Kong Right of Abode Application?
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
sandy
hi i have a non 3 star HKID and have to go back every 3 years, i was wondering if i left hong kong in10th of december 2020 would i need to go back before 10th of december 2023? or can it be on 20th of december 2023 and i would still retain my permanent status and right of abode?
The Visa Geeza
You need to return to Hong Kong once every 1095 (or 1096 if it includes a leap year) in order to retain the right of abode.
Abu
If a person have permanent I’d and come before 3 years …then how many days stay hk is complusary? Can stay in hk a minimum time like 6 or 7 days?
The Visa Geeza
one day is enough
RE
Hi, I have been in Hong Kong since 1990. And went back to the Philippines in 2003 due to SARS. I have been continuously renewing this every 3 years. However, due to the pandemic, I was not able to visit in 2022. Will I lose the right to abode? If yes, will I need to have my HKID replaced to have the right to land?
How long does it take to have this replaced? And how can I request this? Where is the immigration office located? I am planning to visit at the end of August, and I’m confused about how long I should book my stay prior to my HKID. Thank you very much for your response.
The Visa Geeza
Yes you will have lost the right of abode. You will now have the right to land. You need to go to 25/F Immigration Tower and ask to start the process to re-verify your eligibility for a permanent ID card. This will take about 6 weeks. You must be in Hk to start this process. After that. you will need to attend at a ID card issuing location (there a few around HK – ImmD website has the locations). It takes 1.5 hours and then you have someone collect the nbew ID card for you 10 days later.
Helen
Hello I was in the same situation and reverified my PR for the same reason.
You will be requested to send a letter by immigration to explain why you did not maintain the 36 months visit.
I did exactly this and got my application approved today (the process took about 4 weeks for me).
At the moment it is extremely difficult to book an appointment to replace HKID, but I think you should attempt this nonetheless.
Sam
Hi i have been out of HK for 4years and coming back next month. Im trying to get appointment to renew my HKID Card and the earliest is showing in September, what shall i do at this situation and will i be fined? And can i be out of hk on my old smart id card? Because im coming hk for 2 weeks.
The Visa Geeza
Many people are in your situation. You will not be fined. You just have to wait …
Benjamin
Hi,
I had a HK PR ID card since 1995 and hold a British passport and because of Covid and my wife and new baby living in Taiwan I wasn’t able to return to HK for over 3 years . When I went back to change my ID card to the smart ID card, I was told it has to be re verified and they requested some info from me . I also hold a home returnee card which I just renewed successfully for another 10 years . If I get downgraded and my 3 stars gets taken away , will I lose my home returnee card as well ?
The Visa Geeza
Yes.
Andy
Hi, I have ***AO born in U.K. both parents are from Hong Kong. I have just renewed my ID card. Haven’t been back for almost 4 years. I have retained my 3stars. Would I be successful applying for HK passport and return home permit?
The Visa Geeza
If ImmD ask questions about your present UK nationality I expect you would fail. They might even adjust your present *** status.
Fabian
Hi
If a person has been out of HK for over 3 years, means that he/she has already lost the right of abode and then has the right to land.
Is there are limitation or condition for the right to land – say if the person has been out for 5 years?
Thanks,
Fabian
The Visa Geeza
No. You can’t lsoe the right to land.
Deborah
I’ve been a Permanent Resident since 1990 and will be returning to HK next week after an absence of 40 months, presumably having lost my PR status. Not wanting to give up hope, I went to the “Online Appointment Booking for Replacement of Identity Cards” website and, after entering my ID #, was surprised to see I was permitted to book an appointment for later this month to replace my old ID card with a “new smart identity card”. Does this mean my PR status is retained and there’s no need to fill out the ROP145/146 first?
The Visa Geeza
The main issue is that the software/process in the replacement exercise never anticipated this scenario. I have seen the follwoing so far:
– your experience exactly
– the card Replacement application being swapped to a re-verification exercise first
– call back to ImmD for re-verification after your experience (a few weeks later)
My suspicion is ImmD have cottoned on to the lacuna now and will eventually get around to rectifying matters. The RoA is an instrument of the Basic Law and the Director of Immigration doesn’t have the power to waiive the three year rule. So if they discover someone with a A code ID card issued when ostensibly they are not entitled to it, I beleive they are duty bound to re-verfiy and then decide.
D
Thanks for your reply.
An update: My appointment went smoothly and I was given a paper to pick up my new ID next week.
If I understand you correctly, two scenarios may develop:
1. I’m home free and no more PR worries
or
2. I may be contacted again my Immigration for re-verification.”
In your experience, has anyone gotten away with Scenario #1?
Keeping my fingers crossed.
The Visa Geeza
Not yet in my experience but I have no idea of the true extent of the issue right now.
Helen
Hi D I think if you’re a Chinese citizen with AO then you will not need to reverify.
A few of my foreign friends have Chinese citizenship and was able to keep citizenship without having to reverify their PR.
JT
Hi, I have been living outside Hong Kong since a year old and did not know until now that I have a Hong Kong ID. And my ID haven’t been renew since 1998. Can I still renew my ID?
Thanks in advance.
The Visa Geeza
No idea. It all depends …
Cindy
I’m a Permanent ID holder who will be returning to HK soon after an absence of over 3 years and will presumably have lost Permanent status. You’ve mentioned the need to re-verify one’s status to see if the “A” code has been changed to “R”. I checked the Immigration Dept’s website to make an online appointment but was unable to find anything specifically relating to this situation. Any advice on the possibility of making an appointment and (hopefully) avoiding a long wait?
The Visa Geeza
They encourage you to make an appointment. But you need to start the process via ROP145/146 first.
Sui
Hi. I have a HK id card with ***AO, I not been to HK for over three years due to Covid, will I lose my right of abode in HK and downgrade to right to land?
My Id card says HK permanent id card and at the back, it says, the holder has right of abode in Hong Kong?
I know someone who is same situation ie ***AO lost right of abode after failing to enter HK after 36 months?
Thanks
The Visa Geeza
Not in my experience. I can’t speak to your other party.
If ImmD verify (ask you)if you have a ‘second nationality’ that could lead to a loss of *** and downgrade to RTL for having been absent for more than 3 years.
*** = claim to Chinese nationality
AO = Right of Abode held by someone born outside of Chinese territory
If you have any nationality other than Chinese you can lose your claim to Chinese nationality as China doesn’t allow dual nationality.
Susie
I just went to Hong Kong for the weekend in January to renew my Hong Kong Permanent ID card for the new Smart card version as they were closing the renewal scheme down in February. I had been absent for 4 years due to Covid and had no issues with the absence. I was born in UK and granted ***AO status and was not challenged or quizzed at all when I went to renew and have kept my ***AO status on the new ID card. I think they are realising that people are now starting to travel back to Hong Kong after dropping all the quarantine restrictions and just want to renew their ID cards with not much fuss or change to status.
The Visa Geeza
Hi – I hope this turns out to be the case. The main issue is that the software/process in the replacement exercise never anticipated this scenario. I have seen the follwoing so far:
– your experience exactly
– the card Replacement application being swapped to a re-verification exercise first
– call back to ImmD for re-verification after your experience (a few weeks later)
My suspicion is ImmD have cottened on to the lacuna now and will eventually get around to rectifying matters. The RoA is an instrument of the Basic Law and the Director of Immigration doesn’t have the power to waiive the three year rule. So if they discover someone with a A code ID card issued when ostensibly they are not entitled to it, I beleive they are duty bound to re-verfiy and then decide.
MS
Great info here. Thanks Susie and Visa Geeza.
Is there any more news on ImmD following up on those HKID AO ID cards replaced with newer smart cards, even though the RoA was lost?
I’m in the exact same situation and pondering whether I should go for a smart card replacement or a re-verification process. I only have 2 weeks in HK, then I’d need to leave for a while again. What would you recommend?
The Visa Geeza
Seek reverfication while you’re here.
KL
Is there a minimum stay for re entry before 3 years? I can only come for a day and leave same night .
Does that count for a new 3 year cycle ?
The Visa Geeza
Yes – you MUST clear immigration though
V
Hello,
I am code R HKID (born in NZ, Lived in HK from from 2014 to 2019) and I have not been in HK for more than 3 years since COVID does that mean I have lost my Right to abode status? If yes, will it mean now I only have “Right to land” status?
What is the difference between Right to Abode and Right to Land?
And will I still be able to enter HK with my HKID? Thank you! 🙂
The Visa Geeza
1 – yes
2 – see the link in the post
3 – yes
Cederic
I’ve been out of HK for over 3 years and, presumably, have lost my PR status. I’ll be back in HK soon for a brief visit and my time is limited, so my question is whether or not it’s possible to keep my old ID card and apply for the new one on a subsequent visit.
On the same subject, after applying for the new ID card in person at the Immigration Office, is it issued on the spot or, if not, how many days/weeks does it usually take?
Thanks again for your advice — and all the best in the Year of the Rabbit!
The Visa Geeza
Yes you can but you’ll have to enter and exit HK via the manned counters and not the gates. Prepare to be castigated to chnage your card though. It’s a 10 day process to complete.
Cedric
Your advice is greatly appreciated. Thanks!
Fung
Hi there,
I haven’t been back to HK since Jan 2021.
I hold a HKID with ***AZ, am born in HK, but hold a foreign passport.
I am wondering if the 3 year residency rule applies to me as I was born in HK?
I also turned 21 last year, does this have any effect on my immigration status when returning?
Many thanks.
The Visa Geeza
No to both questions.
S.k
If a person have permanent I’d and come before 3 years …then how many days stay hk is complusary? Can stay in hk a minimum time like 6 or 7 days?
The Visa Geeza
Yes.
Piers
Hi,
Thank you for your content and comments however, I am still confused about my situation. Here are the details:
1. I hold a HK permanent ID card with ***AZ
2. I hold a British passport and I am 24 years old.
3. I have not returned to HK since 2018.
As I have not returned to HK since / turned 21 years old, have I lost the right of abode?
Appreciate your help, looking forward to your reply.
The Visa Geeza
*** indicate you’re elgible for a Home Return Permit. This means that your RoA has been granted on the strength of a claim to Chinese Nationality. Consequently the 3 year rule doesn’t apply to you
Tam
Hello, similar to other comments here,
My ID card has (A0) – no stars
I have not returned to HK since December 2019
Does this mean I would have lost my Right of Abode?
Thank you !
The Visa Geeza
Yes.
Barry
Yet another question on the 1 in 3 year requirement. I have been a permanent resident in HK since 1999. I am British and my card is a P category. As a permanent resident I first worked full time in HK for 10 years and then set up a registered business in HK. That business is still operating in HK but I have, for various reasons not been physically in the city for nearly three years (next month is the end of that 3 years). My bank accounts and business are very much HK based. When I arrive back in HK, probably next February will I have to use my passport to enter or will I still be able to use my ID card? After that will I need to change my ID card because I will have lost my permanent residency? Thanks for any advice you can offer. Barry
The Visa Geeza
You can still use your ID card to enter as you have the right to land (R) come what may (I assume you have a A code ID card – P denotes the ImmD office that issued it). Technically, if you know you have been absent for more than 1095 days continuously you should apply to re-verfiy your eligibility for the A code (PHKID) card enabling ImmD to determine that you’re now only eligible for the non-PHKID R card (or otherwise as determined during the re-verification exercise)
George
Regarding the re-verification process, is it possible to make an appointment online or by phone, or are only walk-ins allowed? Thanks!
The Visa Geeza
They encourage you to make an appointment. But you need to start the process via ROP145/146 first.
Mike
Hello,
Thank you for all this amazing content and this article. As you can imagine, I’ve been having a lot of to and fro with my dad on if I have to go back every three years or not. He has said yes, I am not sure. This is my current situation:
* Born in the UK, British citizenship.
* Both parents from Hong Kong
* I have a HK permanent ID card with *** AO.
As somebody who’s also in the “I can’t go back because of the ‘rona” crowd, my questions are:
* Am I considered a Chinese citizen and thus don’t have to go back every three years?
* What happens to my status if I go back now?
Thank you again!
The Visa Geeza
*** AO – recognises you have a claim to Chinese nationality and so the three year rule deosn’t apply to you.
Mike
Just a coincidence my name is also Mike & have the same points as the other Mike. Regardless of being born in UK toHK parents & have a ***AO on my ID card can you confirm it is correct that I really don’t need to go back to HK once every 3 years. If so what is the explanation or evidence if I need to explain to IMMD? Your help on this link has been sightful.
The Visa Geeza
*** indicate you’re elgible for a Home Return Permit. This means that your RoA has been granted on the strnght of a claim to Chinese Nationality. Consequently the 3 year rule doesn’t apply to you
Mike
Thank you for the positive prompt response. Just to ask what does “strnght” mean?
The Visa Geeza
typo = strength
CC
Am planning to come back to HK in December after > 3 years away. I am supposed to be upgrading my existing ID card to a Smart ID card within 30 days of my return as I missed the period I was supposed to do this in as it was in 2021 for my birth year, but I am not sure how this works if in fact I need a different ID card due to potentially losing my Right of Abode. I am also thinking of reapplying for verification of my Right of Abode while I am there to see if I can get it back, so I am not sure what order to do everything in. I am obliged to get a new SmartID card but how does this interact with me losing my Right of Abode and then reapplying for verification?
The Visa Geeza
Reverify first as this will then determine wther ImmD issue you with an A or R code ID.
Hina
Hi I have been away from HK for more than 3 years and i am non chinese. However I recently returned to HK and I was able to enter using my permanent id and not passport, does that mean I still have my right of abode?
The Visa Geeza
No. It just means the residual Right to Land in your A code ID allows you to enter and exit HK in any event. You should apply to reverify your eligibility for Right of Abode, get the result from ImmD and then reissue your ID card on a R code basis.
KW
I’ve been out of HK for more than 3 years due to covid and if i lose my pr and need to apply for a new card will my HKID number change?
The Visa Geeza
No
Paul
Like many who have written here, I’m a permanent resident but have been out of Hong Kong for just over three years due to Covid. When I return, can I still use the Residents’ line at the airport’s Immigration and use my ID to enter HK, or will I need my passport, or a combination (for instance, the Residents line with ID and Passport); or must I clear Immigration via the tourists’ line?
Thanks for your valuable advice.
The Visa Geeza
Your ID card will see you admitted. Present it and Q up at the PR counter. The officer will likely tell you to apply to change the card to R code now that you’ve lost the Right of Abode.
Paul
Thanks! Exactly the information I needed.
Josephine
Hi there
I’m a permanent resident but have been out of Hong Kong for almost three years due to restrictions
I’m planning a trip so I can keep my residency but I’d like to know if it’s possible to exit through immigration and then turn around and go back or I need to stay in hk a minimum time for this residency to be valid ?
Or can I do the three day quarantine and then leave ? Do you have any information on this ?
Let me know, Thankyou so much .
The Visa Geeza
Your question relates to continuing eligibility for the right of abode if you have been absent from Hong Kong for a period of more than 3 years continuously. In such a case you will automatically be downgraded to the right to land.
There is no special dispensation due to Covid I’m afraid. The right of abode is an instrument of the Basic Law and the Director of Immigration doesn’t have the discretion to waive the arrangement.
Please refer the following:
https://hongkongvisageeza.com/how-does-hong-kong-right-of-abode-downgrade-to-the-right-to-land-materialize-and-what-are-the-immigration-implications-of-this/
To acquire the RoA again, you need to be continuously and ordinarily resident in the HKSAR again for another 7 years. Please see the link above which sets out the difference between ROA and RTL.
Functionally there’s no difference.
It all happens by operation of law as soon as you pass the 3 year mark with no entry into HK so there’s no form to fill as such.
You will just need to apply for a new ID card which will be denoted as R rather than A and no longer state on the back that you have the right of abode in HK.
There is no possibility of landing, entering HK, then doubling back immediately to leave I’m afraid. When you board an aircraft for HK you agree that you will be subject to a mandatory quarantine order as a condition of boarding and need to show your confirmed and paid for designated quarantine hotel voucher. Moreover, you will need to stay in HK at least another 6 days after you leave quarantine in order to complete the compulsory post quarantine PCR tests /medical surveillance before you are allowed to depart.
Wolfgang
hi is there a minimum stay required in the 3 years period or is a tourist trip of 2 weeks every three year enough?
The Visa Geeza
No minimum stay needed. Just pass thorugh immigration and legally land in Hong Kong. *transit airside only* = not sufficient.
Wong H F
Hi
Great website and information. 3* AX born in Mainland China but moved to HK whilst very young and lived in HK most of my life , naturalised UK citizen since the 80s. Does rule apply to me? Feels like it shouldn’t!
The Visa Geeza
Things will change if ImmD discover you are a dual Chinese/Uk national
Kiki
Does this also apply if you were born in Hong Kong? Or only to permanent residents born outside of Hong Kong?
The Visa Geeza
It all depends on wheteher you were registered as a Chinese national at the time your PHKID card was issued to you. It’s not as simple ‘born in HK’ or not.
Chick21
I have a 3* AO HKID permanent residency card (issued 1994) and a China Home Return Permit (HRP) card valid from 2014-2024 renewed once already. As the AO stipulates I was born abroad (UK – 1983) and hold a British passport (never registered for a HKSAR passport) both parents were born in HK.
Based on the above I assume I am considered a Chinese national and except from the 3 year rule?
The Visa Geeza
Yes.
H C
I’m pretty much the same apart from I never applied for a home return permit. Am I considered a Chinese national?
The Visa Geeza
Yes on the face of it.
jeannie smith
Thanks for the post very useful. You didn’t mention property. I am a permanent HK ID card holder and part own a flat in HK. I haven’t been to HK for nearly 3 years. If I lose my permanent ID card status because of not landing for 3 years, as this cant be extended as you in the article as the law would need to be changed (and I cant see that happening) , does this affect my right to own property in HK or not?
The Visa Geeza
It has no bearing on your property rights.
Margaret
Now that the HK government is showing leniency for non-permanent residents to have their status extended due to covid by the immigration waiving the rule. Do you know if they will extend the same to 3 year rule for permanent residents?
The Visa Geeza
Nope.
https://hongkongvisageeza.com/covid-chronicles-can-i-extend-the-3-years-needed-to-keep-my-right-of-abode-in-hong-kong/
SCC
Good Evening,
My wife is my dependant and is currently out of Hong Kong.
I have just recently found out that the SAR government is extending quarantine and restrictions until September 30th 2022.
My wife departed Hong Kong on 27th March so that means on 27th on September she will already have been out of Hong Kong six months.
She does not want to quarantine and wants to come back as soon as quarantine restrictions are lifted.
My question is will her dependant visa be affected after 26th September and what could we do to stop immigration from cancelling her visa and not renewing it next year to get her last three years before she is eligible for right of abode?
Thank you , I look forward to your reply.
The Visa Geeza
Not sure where you heard about extension of restrictions until September? That she is away from HK for more than 6 months due to covid will not in any event impact her eligibility for PR after 7 years if your family home has been maintained in HK all throughout the time she has been absent from HK. But she must maintian her dependant visa whilst she is away from HK and all through the 7 years claimed as being ordinarily resdient in the HKSAR.