Experience with ROA Transitional Provisions

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  1. #1

    Join Date
    May 2008
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    Experience with ROA Transitional Provisions

    I have a question about the Transitional Provisions of the Immigration Ordinance. They are:

    A person who is not of Chinese nationality and who was a permanent resident of Hong Kong before 1 July 1997 is taken to be a permanent resident of the HKSAR under this part, category (d) and exempt from the requirements under the second and third bullets in category (d), this part if -
    a) he was settled in Hong Kong immediately before 1 July 1997;
    b) after he ceased to be settled in Hong Kong immediately before 1 July 1997 he returns to settle in Hong Kong within the period of 18 months commencing on 1 July 1997; or
    c) after he ceased to be settled in Hong Kong immediately before 1 July 1997 he returns to settle in Hong Kong after the period of 18 months commencing on 1 July 1997 but only if he has been absent from Hong Kong for a continuous period of less than 36 months.

    My question is the use of "or" in the above. If I "return to settle" between 1997 and 1999, does that mean the 36-month rule in (c) does not apply?

    I was rejected for ROA and given RTL on the grounds that I did not satisfy both (b) and (c) but I think I may qualify for (b). I was in HK sometime between 1997 and 1999, if that what it takes to satisfy (b)....

    Has anyone been denied or approved on similar grounds under similar circumstances?


  2. #2

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    "returns to settle" is quite different from "being in".

    If you just visited then for a few months while retaining a home and so on somewhere else then I think you would fail that test.


  3. #3

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    Quote Originally Posted by PDLM:
    "returns to settle" is quite different from "being in".

    If you just visited then for a few months while retaining a home and so on somewhere else then I think you would fail that test.
    I hear they're quite stringent on monitoring residency for the 7-year rule, but not under the transitional provisions. I read that for this purpose, any duration or purpose of stay can be counted (can't seem to pull out the specific text at the moment), but I haven't found any specific examples of people passing the test. Aritaurus et al here seem to be only getting RTL.

    Any XBC's here get ROA?

  4. #4

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    Just as an aside, since the only differences between ROA and RTL are:

    - no vote
    - can be deported for certain serious offences
    - ROA might in some circumstances allow your children to get ROA or RTL

    is it really that significant to you?


  5. #5

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    Quote Originally Posted by gnaij:
    Any XBC's here get ROA?

    I know theABC got ***AO. He was born in the US but his parents were not on immigrant visas at the time he was born and obtained green cards after he was born. He's eligible for a home return permit and an HKSAR passport.

    There's also some other XBCs who have ROA only because they visit Hong Kong frequently therefore not being absent for more than 36 months. There's another person on this board who was born in the UK and holds British and US citizenship who went back to Hong Kong for the first time in more than ten years and got ***AO which is a very rare case.

    In most cases , XBCs who don't have strong ties with Hong Kong will only get RTL or no status at all. Aside from the differences PDLM stated, they're really no different to each other. Although it would be nice if I had ROA because I could sure use the three year multiple entry visas to the mainland.

  6. #6

    Join Date
    May 2008
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    I don't live in HK (though there will be a good chance I will live there a few years from now...), so I'm trying to decide whether to make the trip to do the "interview" or to hold it off until a later date. It costs about US$200 for me to fly over to HK and back (more given that I would probably stay for the weekend), so if I were given a PIC instead of a regular HKID, I would more than break even (saving $130x2 for 2 years worth of China visas). Is it possible to postpone the application by several months (or whenever I feel like visiting HK again at my leisure)?