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Do You Need to Have Been Physically Present in Hong Kong for a Full Seven Years (i.e 2555 Days All Told) in Order to Qualify for Hong Kong Permanent Residency?

December 27th, 2017

Posted by / in Long Stay & PR, Your Question Answered / 9 responses


 

Sometimes even the big name publications can get their facts (and law) wrong… do you need to have been physically present in Hong Kong for a full seven years (i.e 2555 days all told) in order to qualify for Hong Kong permanent residency?

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

QUESTION

Dear Stephen,

The Wall Street Journal guide to HK states (here: http://guides.wsj.com/hong-kong/guide-to-hong-kong/visas-and-residency/ ), concerning the application for the right of abode, that “foreign nationals need to have stayed in Hong Kong for a continuous seven years.

If one traveled for a month outside Hong Kong within a seven-year period, then he or she needs to have resided in Hong Kong for at least seven years and one month.”

Is that last sentence accurate?

A related question:

In some sources, I have read that any continuous absences from Hong Kong of over 6 months need to be listed (and explained) in the application.

Some sources say that whenever one is absent more than 6 months within a year (whether continuous or not), this has to be listed (and explained).

Could you clarify?

 Thanks so much.

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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.

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RESPONSES
  • Pedram

    26 Nov 2018 pm30 11:00pm
    01

    Hi Stephen!
    You have answered my question regarding PR application, but I wanna make sure. I will be out of HK for a period of 6 months as an exchange student. It means that my student visa is still valid and I ll be receiving my salary (and paying tax). In that case, 1) Do I have to stay in Hk for a period of 7 years and 6 months or is it just & years? 2) I can arrange my trip to be 5 months and 20 days; does it help to ease the process of my PR application? Does it make any difference being outside for 6 months or 5 months?

    • The Visa Geeza

      28 Nov 2018 am30 10:58am
      02

      This is getting into the land of proxy advice which I am uncomfortable giving. What do you mean by this?

      >>It means that my student visa is still valid and I ll be receiving my salary (and paying tax).>>

      Under a Hong Kong student visa employment is not permitted except for certain on-campus work or off campus work during summer holidays.

      • P

        1 Dec 2018 pm31 3:27pm
        03

        Hi Stephan!
        By that, I mean the studentship paid by university! Just like all students in HK. However, my question is if I go for an exchange program during my study (with permission of school), how long can I be far from HK to be eligible for PR application? Does it really make any difference in my future application if I stay 6 months + 1 day instead of 6 months?

        • The Visa Geeza

          3 Dec 2018 am31 10:49am
          04

          6 months and 1 day is not the issue. The key thing is that you maintain your student visa back to back at all times (NO GAPS ALLOWED) and the nature of your time away is manifestly temporary and that you return to back to HK immediately after the short time away for studies is complete.

  • Alfred

    17 Jan 2018 am31 7:31am
    05

    Hi Stephen, thank you very much for your great advice.

    I’m sorry if this follow up questions sounds a bit silly but here it goes, what happens if long absences from Hong Kong are interrupted by short periods in Hong Kong, for example, away for 5 months, back for 2 week break, and then away again for another 5 months? Do you think I still need to list (and explain) those long stints away despite the fact they don’t exceed the 6 month limit? I hold an investment visa if it is relevant.

    • The Visa Geeza

      24 Jan 2018 am31 9:00am
      06

      Yes, ImmD will certainly want to know what was happening in your life that took you away from Hong Kong all of that time to be certain that you did not abandon your continuity of ordinary or settled purpose for living in Hong Kong in all of those months away.

  • Victoria

    3 Jun 2017 am30 10:42am
    07

    Hi Stephen!

    I think my question is not big enough to warrant a separate entry on your website.
    I have a friend that works for an orchestra and is issued with 10 months’ visas, with 2 months’ breaks each year. I find it very unusual because no one else I know has ever been on visas like that (including myself), but now my friend is starting to wonder if this kind of visa will entitle her to ROB/PR? She lives in Shenzhen but travels to Hong Kong for work almost every day. She;s been doing it for the last 5 years.

    Thanks!

    • The Visa Geeza

      6 Jun 2017 am30 10:29am
      08

      On the face of it, I doubt she would be able to successfully make a claim for ordinary residence in Hong Kong given that she actually lives in Shenzhen.

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