FAQ – Right of Abode

If you fall into one of the following categories, you are a permanent resident of Hong Kong.  You will also have the right of abode if you are :

  1. Born in Hong Kong and is a Chinese citizen
  2. A Chinese citizen and have ordinarily resided in Hong Kong for a continuous period of 7 years.
  3. Born outside Hong Kong as a Chinese citizen to a parent who, at your birth, was a Chinese citizen within category (1) or (2).
  4. Not of Chinese nationality and have entered Hong Kong with a valid travel document and ordinarily resided in Hong Kong for a continuous period of  7 years and taken Hong Kong as the place of permanent residence.
  5. Under 21 and was born in Hong Kong to a parent who is a permanent resident of the HKSAR under category (4) if, at your birth or when you turn 21, one parent has the right of abode in Hong Kong.
  6. Not within categories (1) to (5) and had the right of abode only in Hong Kong before the establishment of the HKSAR.

Note : Para. 2(a) to (f) of Schedule 1 to the Immigration Ordinance

A valid permanent identity card is evidence that the related person enjoys right of abode in Hong Kong.

Before you register for issuing a permanent identity card, you should apply for verification of eligibility. You can submit a completed application form with copies of supporting documents by post or drop-in.

Right of Abode Section
Immigration Department
25/F Immigration Tower
7 Gloucester Road Wan Chai
Hong Kong.

You may also apply online through the following link.

Online Application for Verification of Eligibility for Permanent Identity Card

You must be in Hong Kong at the time of application.  Normally it will take six weeks to process your application if all supporting documents are properly provided.  However, it may take longer depending on the complexity and the number of applications they receive.

You can make an endorsement in the foreign travel documents they hold.  You will then state their eligibility for a permanent identity card.

A parent or guardian can submit a completed application form with copies of supporting documents by post or drop-in.

Right of Abode Section
Immigration Department
25/F Immigration Tower
7 Gloucester Road
Wan Chai
Hong Kong.

Alternatively, you can apply online through the following link

Online Application for Verification of Eligibility for Permanent Identity Card

After eligibility for a permanent identity card is verified, all conditions of stay in a foreign passport are cancelled.  You can apply for an endorsement in your foreign passport : “Holder’s eligibility for Hong Kong permanent identity card verified”.

Fee for making an endorsement to a travel document

You must be in Hong Kong when the application is made and the endorsement is given. They can apply for a permanent identity card when reaching 11 if they still have the right of abode.

Below are the circumstance a permanent resident of non-Chinese nationality will lose his/her permanent resident status .

Permanent Resident Category
(Non-Chinese Nationals)
Circumstances under which Permanent Resident Status will be Lost
(a)

Entered Hong Kong with a valid travel document.

Has ordinarily resided in Hong Kong for a continuous period of not less than 7 years.

Has taken Hong Kong as the place of permanent residence before or after the establishment of the HKSAR.

  • Absence from Hong Kong for a continuous period of 36 months after ceasing to have ordinarily resided in Hong Kong.
(b)

Under 21 years of age.

Born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (a) above.

At the time of birth or at any later time before 21, one parent has right of abode in Hong Kong.

  • Absence from Hong Kong for a continuous period of 36 months after ceasing to have ordinarily resided in Hong Kong; or
  • HKSAR permanent resident status will end when attaining the age of 21.  The person will need to qualify under the requirements as in (a) above. If meeting all of the requirements, he/she can apply for permanent resident status.
(c) 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.
  • Absent from Hong Kong for a continuous period of 36 months after obtaining right of abode in any other place and no longer ordinarily resided in Hong Kong.
(d) 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 (c) 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.
  • Absent from Hong Kong for a continuous period of 36 months after obtaining right of abode in any other place and no longer ordinarily resided in Hong Kong; or
  • HKSAR permanent resident status will end when attaining the age of 21.  The person will need to qualify under the requirements as in (a) above. If meeting all of the requirements, he/she can apply for permanent resident status.
(e) Not of Chinese nationality and was a permanent resident of Hong Kong before 1 July 1997.
  • Absent from Hong Kong for a continuous period of 36 months after obtaining right of abode in any other place and no longer ordinarily resided in Hong Kong

Right to land

If you lose your right of abode in the HKSAR, you will automatically acquire the right to land in the HKSAR by law. You will be able to enter Hong Kong freely to live, study or work without any restriction.

You may ascertain whether you have lost your permanent resident status.  An application can be made for verification of eligibility for a permanent identity card with the Right of Abode Section of the Immigration Department. They will then assess whether you have lost the permanent resident status and have right to land in Hong Kong.

Office Address and Working Hours of Right of Abode Section

If the application is approved before you leave, you or your local representative will receive a letter.  It will inform you that your permanent resident status has been verified. You can then go to any Registration of Persons Office to register for a permanent identity card when you return.

Permanent residents of non-Chinese nationality should notice that they may lose such status under conditions as listed in Q4 above.

They need to submit their applications using form (ROP169 / ROP170) to establish their right of abode in Hong Kong.

Form ROP169: Application for Verification of Eligibility for Permanent Identity Card – Applicable for persons 18 years of age or above who are holders of One-way Permit

Form ROP170: Application for Verification of Eligibility for Permanent Identity Card – Applicable for children below 18 years of age who are holders of One-way Permit

Completed application form together with copies of supporting documents (including your identity card, One-way Permit and Document of Identity) can be sent by post or drop-in.

Right of Abode Section
Immigration Department
25/F Immigration Tower
7 Gloucester Road
Wan Chai
Hong Kong.

You can also apply online.

Online Application for Verification of Eligibility for Permanent Identity Card

Applications for such verification as well as the first issue of a permanent identity card are free of charge.

Temporary absence from Hong Kong does not automatically cease a person’s being ordinarily resident in Hong Kong. Instead, it depends on the circumstances of the person and the absence. These include the reason, duration and frequency of absence and whether there is a habitual residence in Hong Kong.  Employment by a Hong Kong-based company and the whereabouts of the principal family members are also relevant.

You remain a Chinese citizen unless a declaration of change of nationality is made. Your eligibility for Hong Kong permanent resident status will not be affected. You will not lose your status even after absence from Hong Kong for long periods.

Yes, if you are a Chinese citizen and have ordinarily resided in Hong Kong for a continuous period of 7 years.  You may still be eligible for permanent resident status.

Upon return, you can apply for verification of eligibility for a permanent identity card and establish your right of abode.

Once verified, you can register for a permanent identity card at a Registration of Persons Office.

You must be in Hong Kong legally when you apply for verification of eligibility for a permanent identity card. The continuous period of 7 years you have ordinarily resided in Hong Kong must be immediately before your application.

You must provide supporting information and make a declaration that Hong Kong is your only place of permanent residence. That includes whether you have habitual residence in Hong Kong for you and your family.  Reasonable means of income and paying taxes are also relevant.

Hong Kong residents of Chinese nationality holding foreign passports may make a declaration of change of nationality. Once approved, they will not be regarded as Chinese citizens.  Therefore, they can enjoy consular protection from the country of their declared nationality.

You are no longer of Chinese nationality.  Also, you have been absent from Hong Kong for a period of 36 months when you return to settle.  You will therefore lose your permanent resident status and cannot enjoy the right of abode

However, you still enjoy the right to land in Hong Kong. You can enter Hong Kong freely to live, study and work, without any restriction. If you later on fulfil the requirements for non-Chinese nationals, you can become a permanent resident and enjoy the right of abode again.  (i.e. having entered with a valid travel document, ordinarily resided here for a continuous period of 7 years and taken Hong Kong as the place of permanent residence),

In general, spouses of Hong Kong permanent residents cannot acquire the right of abode through marriage.  Their eligibility shall be assessed on their own accord.

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