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Still a British HK Belonger?

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  1. #1

    Join Date
    Oct 2004
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    Question Still a British HK Belonger?

    Hello everyone,

    I wonder if someone can help me? My parents are both british citizens and lived in Hong Kong for a combined total of ~45 years (leaving in 1987). I was born in Hong Kong in 1979 (my sister 1981) and so by birthright was classed as a Hong Kong Belonger (which I understood to meam full right of residency/work permit). We all now live back in the UK.

    My question is simply, since the 1997 handover is my HK Belonger status still recognised (and if so, for how long)? I have no immediate plans to move to HK, but one day I will...

    Thanks for your help, I can't seem to find the answer anywhere :-(

    Howard.


  2. #2

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    Easy answer .. [email protected] they usually are able to answer questions pretty quickly (2 or 3 days at the most)


  3. #3

    Join Date
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    After digging around, there isnt much information available about Hong Kong belongers. Would recommend emailing immigration as a number of terms and conditions have changed since '97.


  4. #4

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    Hong Kong Belonger is a late 70's / early 80's classification.


  5. #5

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    Oct 2004
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    Thanks for the replies :-) I have been in contact with the HK immigration services and I will post the correspondence here in case anyone finds it useful.

    (In summary for my case, British citizens born in Hong Kong before 1983 can apply for a PIC [permanent identity card]):

    Howard.


    HK IMG > Howard -------------------------------------------------------------------------------------

    You may wish to know that before 1 April 1997, British citizens did not require a visa to enter Hong Kong as visitors or for employment, investment, study or otherwise to settle here and British citizens who had been ordinarily resident in Hong Kong for a continuous period of not less than seven years acquired the 'resident British citizen' status.


    However, with effect from 1 April 1997, British citizens may visit Hong Kong visa-free for a stay up to 180 days. But, if they want to take up employment, establish or join in a business, study or settle in Hong Kong, they will have to obtain an appropriate visa before arrival.



    For details regarding changes in immigration control on British Citizens, you may browse the following website:
    http://www.immd.gov.hk/ehtml/topical_7.htm



    Regarding immigration guidelines for entry to the HKSAR, please browse the following website:
    http://www.immd.gov.hk/ehtml/hkvisas_1.htm
    http://www.immd.gov.hk/ehtml/hkvisas_4_2.htm


    I hope you will find the above information useful.


    Howard > HK IMG -------------------------------------------------------------------------


    Thank you for your response, however I'm afraid I'm still a bit confused. My passport lists me as a "Hong Kong belonger" not a "Resident British Citizen", or are those two things in fact the same? I also have a birth certificate issued in Hong Kong.

    If they are the same, my interpretation of the link you sent is as follows:

    Even though I was born in Hong Kong and lived there for eight years as a Hong Kong Belonger, if I want to enter Hong Kong now, there would be no difference between my visa application, and the application of another British citizen who has never been to Hong Kong before in their life.

    Is this correct? As in my experience, most countries grant permanent resident status to anyone born there.


    HK IMG > Howard -------------------------------------------------------------------------



    Thank you for your e-mail message again. I am so sorry to let you feel confused to my answer.


    According to your information, you may check whether you have the Right of Abode (ROA) in the HKSAR by submitting the Application for Verification of Eligibility for Permanent Identity Card (PIC), if the applicant has the ROA in the HKSAR, he/she has the permanent residency and is eligible for HK permanent identity card. Therefore, you have to go through the application procedures to verify your eligibility for Permanent Identity Card.

    According to paragraphs 2(a) to (f) of Schedule 1 to the Immigration Ordinance, a person who is within one of the following categories is a permanent resident of the Hong Kong Special Administrative Region (HKSAR) -

    (a) A Chinese citizen born in Hong Kong before or after
    the establishment of the HKSAR.

    (b) A Chinese citizen who has ordinarily resided in Hong Kong for a continuous
    period of not less than 7 years before or after the establishment of the HKSAR.

    (c) A person of Chinese nationality born outside Hong Kong before or after the
    establishment of the Hong Kong Special Administrative Region to a parent who,
    at the time of birth of that person, was a Chinese citizen falling within
    category (a) or (b).


    (d) A person not of Chinese nationality who has entered Hong Kong with a valid travel
    document, has ordinarily resided in Hong Kong for a continuous period of not less
    than 7 years and has taken Hong Kong as his place of permanent residence before or
    after the establishment of the HKSAR.


    (e) A person under 21 years of age born in Hong Kong to a parent who is a permanent
    resident of the HKSAR in category (d) before or after the establishment of the
    HKSAR if at the time of his birth or at any later time before he attains 21 years
    of age, one of his parents has the right of abode in Hong Kong.

    (f) A person other than those residents in categories (a) to (e), who, before the
    establishment of the HKSAR, had the right of abode in Hong Kong only.

    For persons who were permanent residents of Hong Kong before 1 July 1997
    [e.g. (i) by birth in Hong Kong before 1 January 1983; (ii) being a person who is wholly or partly of Chinese race and has as at any time been ordinarily resident in Hong Kong for a continuous period of not less than 7 years, (iii) being a person who was a British Dependent Territories Citizen by having a connection with Hong Kong such as by birth, naturalization, registration, adoption or descent, etc.], they may enjoy that status after the establishment of the HKSAR pursuant to paragraph 6(1) or 6(2) of Schedule 1 of the Immigration Ordinance.

    Transitional
    Generally speaking, for persons who were permanent residents of Hong Kong before 1 July 1997, they may enjoy that status after the establishment of the HKSAR pursuant to the “Transitional Provisions” in the Immigration Ordinance.

    Chinese citizens
    A person who is a Chinese citizen and was a Hong Kong permanent resident immediately before 1 July 1997 under the Immigration Ordinance as then in force shall, as from 1 July 1997, BE A PERMANENT RESIDENT of the HKSAR as long as he remains a Chinese citizen.

    Chinese Nationality
    In brief, Chinese citizens include Hong Kong residents and former residents who are of Chinese descent and born in the mainland of China or Hong Kong, not withstanding that they hold, or have held Hong Kong British Dependent Territories Citizen passports, British National (Overseas) passports or any other foreign passports.

    Non-Chinese Citizens
    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 paragraph 2(d) of Schedule 1 to the same Ordinance if-

    - he was settled in Hong Kong immediately before 1 July 1997;
    - 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
    - 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.

    According to paragraph 7 of Schedule 1 to the same Ordinance, a permanent resident of HKSAR loses the Right of Abode (ROA) in Hong Kong only if –

    (a) being a person falling within the category in paragraph 2(d) or (e) has been
    absent from Hong Kong for a continuous period of no less than 36 months
    since he ceased to have ordinarily resided in Hong Kong; or

    (b) being a person falling within the category in paragraph 2(f), has been
    absent from Hong Kong for a continuous period of not less than 36 months
    after he obtained the right of abode in any place other than Hong Kong and
    has ceased to have ordinarily resident in Hong Kong.

    Right to Land
    If the person not of Chinese nationality, having the ROA before 1 July 1997, is not able to satisfy any of the requirements under the transitional, he will lose his status as a permanent resident but, in that event, he will automatically acquire the right to land (RTL). He will still be able to enter the HKSAR freely to live, study and work without restriction. He will also be able to re-acquire the ROA in the HKSAR if he subsequently satisfy the requirements under the paragraph 2(d) of Schedule 1 to the Ordinance which is as follows:-

    “A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.”


    Ordinary Residence
    A person is ordinarily resident in Hong Kong if:
    - he remains in Hong Kong legally, voluntarily and for a settled purpose
    (such as for education, business, employment or residence etc.), whether of short or
    long duration.

    A person does not cease to be ordinarily resident in Hong Kong if:
    - he is temporarily absent from Hong Kong. The circumstances of the person and the
    absence are relevant in determining whether a person has ceased to be ordinarily
    resident in Hong Kong. The circumstances may include – .

    (a) the reason, duration and frequency of any absence from Hong Kong;
    (b) whether he has habitual residence in Hong Kong;
    (c) employment by a Hong Kong based company; and
    (d) the whereabouts of the principal members of his family (spouse and minor children).

    A person shall not be treated as ordinarily resident in Hong Kong :

    (a) during any period in which he remains in Hong Kong -

    i) with or without the authority of the Director of Immigration,
    after landing unlawfully; or
    ii) in contravention of any condition of stay; or
    iii) as a refugee; or while in detention pending determination of
    refugee status or removal; or
    iv) while employed as a contract worker, who is from outside Hong Kong,
    under a Government importation of labour scheme; or
    v) while employed as a domestic helper who is from outside Hong Kong; or
    vi) as a member of a consular post within the meaning of the
    Consular Relations Ordinance; or
    vii) as a member of the Hong Kong Garrison; or

    (b) during any period of imprisonment or detention pursuant to the sentence or order
    of any court.

    Application for Verification of Eligibility for Permanent Identity Card (PIC)


    Under the law, where a person claims that he has the ROA / RTL in Hong Kong by virtue of being a permanent resident of the HKSAR, the burden of proving that claim shall lie on that person. As far as evidence is concerned, the law also provides that a valid permanent identity card shall be evidence that the person to whom the card relates enjoys the ROA in Hong Kong.

    If a permanent resident of the HKSAR does not possess a valid permanent identity card or does not have a ROA endorsement on the foreign passport (in case of person under the age of 11 years), he shall apply for verification of eligibility for PIC. The application can be made by completing an application form “ Application for Verification of Eligibility for PIC (ROP145)” before he proceeds to register for the issue of a PIC. A sample of the form is available at:
    http://www.immd.gov.hk/ehtml/hksarvepid_1e.htm

    The applicant may refer to the “Notes of Guidance “(ROP145A) for details on the documents required for the application. Or you may visit the following websites for information:
    http://www.immd.gov.hk/ehtml/hksarvepid.htm
    http://www.immd.gov.hk/ehtml/hksarvepid_1b.htm

    The applicant should send in the application form together with photostat copies of supporting documents by post to Right of Abode section, 25/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong. He MUST BE staying in Hong Kong legally when he makes this application. In general, it takes about SIX weeks to process. But it may take a longer time depending on the complexity and the number of applications received in a particular time.

    Those aged 11 or over will be given an appointment to attend the Registration of Persons Office to apply for the HKPIC. At the time of registration, they will be required to attend IN PERSON for being photographed and thumb-printed.

    I hope you will find the above information useful.

    JonathanCC likes this.

  6. #6

    Join Date
    Apr 2003
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    Talk about complicated responses.

    Thanks for posting the replies.


  7. #7

    Join Date
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    Wow.. what a great read. ^^
    Right I'm ready for bed now... hehe


  8. #8

    Join Date
    Mar 2004
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    73

    right, i've had confirmation that i will be getting a ID card with the Right to Land Status. I was born in HK 1979 and parents not Chinese or Permenant Residents.

    From the info that i have the Immigration ppl told me, any person born in hong kong before 1983, as a birth right is considered a HK Pernament Resident (regadless of parents nationality etc).

    However if you have been absent from HK for more than 36 months you will loose your Right To Abode BUT will get the Right To Land Status. This staus WILL also allow you to work, live etc. The only difference between ROA & RTL is that they can deport you if you commit a serious crime.


    So if you are born in HK before 1983 you will be entitled to the HK ID card with either ROA or RTL status

    JonathanCC likes this.

  9. #9

    Join Date
    Dec 2003
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    194

    I thought the 36 month thing applied to all perm residents born after 1997?


  10. #10

    Join Date
    Dec 2004
    Location
    Hong Kong
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    Whoa, so this means my brother does NOT have the right of abode, since he was born in 1984, but my sister and I do? How very strange....


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