Loss of Hong Kong Permanent Resident Status

A permanent resident of the Hong Kong Special Administrative Region (HKSAR) who is not of Chinese nationality will lose the status of a permanent resident under the following circumstances.

Category of persons who acquired permanent resident status by virtue of being

Circumstances under which the person will lose the status of a permanent resident

(1)

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 or her place of permanent residence before or after the establishment of the HKSAR.

  • If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

(2)

A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (1) above before or after the establishment of the HKSAR if at the time of his or her birth or at any later time before he or she attains 21 years of age, one parent has the right of abode in Hong Kong.

  • If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong; or
  • On attaining the age of 21 years, you will cease to be a permanent resident of the HKSAR. You will then have to qualify on your own merits in accordance with the requirements stipulated in category (1) above. If you meet all of the requirements, you can apply for permanent resident status.

(3)

A person other than those residents in paragraphs 2(a) to 2(e) of Schedule 1 to the Immigration Ordinance, who, before the establishment of the HKSAR, had the right of abode in Hong Kong only.

  • If you have been absent from Hong Kong for a continuous period of not less than 36 months after you obtained the right of abode in any place other than Hong Kong and have ceased to have ordinarily resided in Hong Kong.

(4)

A person under 21 years of age born in Hong Kong on or after 1 July 1997 to a parent who is a permanent resident of the HKSAR under category (3) above at the time of the birth of the person if, but for this provision, the person would have no right of abode in any place, including Hong Kong.

  • If you have been absent from Hong Kong for a continuous period of not less than 36 months after you obtained the right of abode in any place other than Hong Kong and have ceased to have ordinarily resided in Hong Kong; or
  • On attaining the age of 21 years, you will cease to be a permanent resident of the HKSAR. You will then have to qualify on your own merits in accordance with the requirements stipulated in category (1) above. If you meet all of the requirements, you can apply for permanent resident status.

(5)

A person who is not of Chinese nationality and who was a permanent resident of Hong Kong before 1 July 1997.

  • If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

 

Right to Land

A person who ceases to have the status of a permanent resident of the HKSAR will automatically acquire the right to land in Hong Kong in accordance with the law.  He will be able to enter Hong Kong freely to live, study or work without restriction.  A person may ascertain whether he has lost the status of a permanent resident of the HKSAR by applying for verification of eligibility for a permanent identity card with the Right of Abode Section of the Immigration Department for assessment of whether he has lost the permanent resident status and has the right to land in the HKSAR.

Last review date: March 2010