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Permanent Id card and the 3 year rule?

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    Permanent Id card and the 3 year rule?

    Hi all..another ID question in which I hope that someone here can help.

    I am a British Born Chinese, and have held a Hong Kong ‘Permanent Identity Card’ since 1996. I have been back several times since I have held it. The last time I went back was nearly 3 years ago, and in which I updated my card for the new type card. My father was a permanent resident when I was born, my mother was born in China.

    I was granted with a new ‘Permanent Identity Card’ with 3*** and AO. Which means that I have the ‘Right of Abode’, born in another country. I have heard from ppl that there is a 3 year rule which applies to my ID card, that if I do not return within the 36 months, that I will lose my 3 *** and the ‘Right of Abode’ and be changed to ‘Right to Land’. Would I also lose the ‘Permanent’ and just get an HK id card aswell?

    I would like to be able to keep my present status, but if anyone can clarify my situation, I would be truly grateful.

    My wife whom was born in HK, also updated her card at the same time as myself, but from what I understand that this 3 year rule does not apply to her, and she can never lose her status?


    Many thanks.

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    Quote Originally Posted by acwman View Post
    Hi all..another ID question in which I hope that someone here can help.

    I am a British Born Chinese, and have held a Hong Kong ‘Permanent Identity Card’ since 1996. I have been back several times since I have held it. The last time I went back was nearly 3 years ago, and in which I updated my card for the new type card. My father was a permanent resident when I was born, my mother was born in China.

    I was granted with a new ‘Permanent Identity Card’ with 3*** and AO. Which means that I have the ‘Right of Abode’, born in another country. I have heard from ppl that there is a 3 year rule which applies to my ID card, that if I do not return within the 36 months, that I will lose my 3 *** and the ‘Right of Abode’ and be changed to ‘Right to Land’. Would I also lose the ‘Permanent’ and just get an HK id card aswell?

    I would like to be able to keep my present status, but if anyone can clarify my situation, I would be truly grateful.

    My wife whom was born in HK, also updated her card at the same time as myself, but from what I understand that this 3 year rule does not apply to her, and she can never lose her status?


    Many thanks.
    If you're absent from Hong Kong for more than 36 months, you will be downgraded to right to land and you will have a regular resident Hong Kong Identity Card. The only way to retain your right of abode is to visit Hong Kong at least once every three years .

    As for your wife, she will never lose the right of abode as long she remains a Chinese citizen.

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    Is it possible to argue with the 3 year rule on the grounds of being in full time education / university abroad?

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    My answer is unchanged from when you last asked this question 3 months ago. http://www.geoexpat.com/forum/thread...tml#post435669

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    The quote from the HK IMMD website says:
    # If the person has been absent from Hong Kong for a continuous period of not less than 36 months since he ceased to have ordinarily resided in Hong Kong.

    The Government of the Hong Kong Special Administrative Region - Immigration Department

    I wouldn't really know how to interpret that though.

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    I know - but I remember reading somewhere on this forum that there might be educational grounds for arguing with regards to the 3 year rule. It's clear that whilst the rules are prima facie set out in stone, there is anecdotal evidence of some 'flexibility' and common sense

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    More than anecdotal - there is specific evidence in the case of Regina Ip, a legco member who stood for that office soon after returning from an extended period of study in the USA. Opponents argued that she did not meet the requirement of being "ordinarily resident" during the preceding period because she had been in the USA. It was ruled that going overseas for the purposes of education did not break a period of ordinary residence if one maintained links with Hong Kong during that time and were resident in HK both immediately before and immediately after the period of education. Hence my previous answer.

    So, if the only break of 3 years in your residence was when you were educated overseas and you were resident in HK immediately before and after that period then you may have a case. Otherwise I don't think you do.

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    I would of thought that since acwman holds a permanent HKID with AO and 3*, he would be classified as a Chinese citizen and thus can never lose his ROA status.

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    Quote Originally Posted by BryanL View Post
    I would of thought that since acwman holds a permanent HKID with AO and 3*, he would be classified as a Chinese citizen and thus can never lose his ROA status.
    I'm still totally 100% sure. Some family friends have told me that since I had permanent status since 1996 before the takeover It would be ok for me not to have to go back every 3 years.. but then again others have told me different.

    still unsure

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    my close friend was in a similar situation. He lost his 3* and Right of Abode when he did not go to HK within the 36 month rule since the handover.

    When he applied for the new HKID, the ID has the status "RO", and to regain the Right of Abode, he will have to live in HK for 7 years. The RO status means that he can work and live in HK just like a permanent resident, but does not have the right to vote.

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