Hi,
This situation of mine may sound complicated but still I'll try to go into detail and expound on every issues.
First, I am 29 years old born in Hong Kong. My Mother is a Filipina domestic helper who worked in Hong Kong for 33 years as Domestic helper. My Dad as well is a Filipino domestic helper but currently he is residing now in the Philippines and retired working as a Domestic helper in Hong Kong.
I studied in Hong Kong until kindergarten at Happy Valley ( Foundation School). I'm not pretty sure if this school is still open or if I mentioned the name of the school right, since that was in ages and I'm still a kid back then.
What brings this Issue to complicated is that my visa back then when I was born is associated to my mothers visa. Which means that, her being a domestic helper would have a visa as a domestic helper visa. So everytime my mother renew her working visa I would also renew my visa.
After 6 years old my parents send me back to Philippines due to financial constraints, time management issues, and family marriage issues. So I studied in the Philippines up until I got my University Degree and Masters Degree.
Back then, when I was 7 years old. I visited Hong Kong every year to renew my visa every summer. Up until the age of 15 years old. I was issued a Hong Kong Identity card when I was 11 years old which states on the back of the card that I should renew my visa when I reached 16 years old to get my permanent residency in Hong Kong but unfortunately I wasn't able to go back to Hong Kong when I was 16 because I was starting my Accounting Degree in the University which makes my schedules tight.
After Graduation I went back to Hong Kong, I was 20 years old back then. Me and my mother visited the immigration department to apply for Right of Abode status, which I would be the primary applicant to apply for ROA not my mother.
So, after sending our application. We got a letter response for an interview after 2 weeks. Me and my mother attended the interview. This may sound weird but the questions ask during our interview we're how much is my mothers salary ?, are you sending money to the philippines?, and what are your plans after working in Hong kong?, etc. Those questions we're all directed to my mother.
After a few days we got a notification from the Immigration Department that our application was denied. This was the most horrifying and saddest letter I received my whole life. Tears from my mother and me when we had red that letter. I was expecting to work in Hong Kong to make a fortune for my Mother and Father but luck didn't come our way.
However, I red the letter again and noticed that on the bottom part there is a part that say's "I can submit an appeal to review my claim" . By this I did not lose hope. I furnish a letter and submitted it to the Registration of Persons in Wanchai. At first I was hesitant to submit my letter. I ask my Mother that we need to seek a solicitor or an expert who can guide us to submit our claim. So upon searching the web and newspaper I came up with "LITTLEWOODS, Solicitors".
I ask my mother if we can seek for an advise and help with LITTLEWOODS, Solicitors. I was shattered in tears because I see my mother cry. She told me that we can't afford the professional fee's of their services. But I am not sure yet how much they charge. So I forced my mom to go to Mongkok and visit the said solicitors office and Upon speaking to Mr. Littlewoods, he just told us we can submit the letter.
Probably I guess due to our race, ethnicity and financial status, etc. We haven't have any relevant advise from him. Well, I am not bad mouthing anyone in any form this is only my perception.
So I did submitted the letter to "Registrations of Persons" in Wanchai, this is for my appeal.
Since I was on a visit visa I only have 14 days to stay in Hong Kong, Upon submitting the letter of appeal I extended my visa to the Immigration Department and show the letter of appeal they gave me 1 month visa. Every month I went back to the immigration department and extend my visa up until 1 and half year.
Its really hard to stay in Hong Kong without any source of income or any job. I can still remember the days when I was sleeping in
Hong Kong Convention and Exhibition Centre beside the sea at Wanchai because I can't sleep at my mothers place because her employer probably will terminate her or get mad.
Moreover, I was forced to do illegal things in Hong Kong just to survived for food and shelter. I was crying day by day ,I wish my visa was approved so I can work legally in Hong Kong and earn for my Mother and Father.
After 1 and half year, We received a letter that my appeal is set for hearing. So I attended the hearing WITHOUT any solicitor or legal representation from any lawyer in Hong Kong. The lawyer representing the Immigration department ask me why I wasnt able to come back to Hong Kong when I was 16 years old to renew my visa because that would be the day that I would have my ROA issued. I told them that I was pursuing my university degree and I am unable to extend my visa. Unfortunately the decision was rejected and They informed me If so I can submit another appeal.
So I have only 1 month to stay in Hong Kong because the decision was already granted. It is sad to say I loosed hope.
After, the immigration department informed me that I need to depart Hong Kong since decision has been granted.
Currently I am in Philippines and still hoping that there is some way that I can fixed and still hope that I will still be granted Right of Abode status in Hong kong or a dependant visa to my mother which she is still working in Hong Kong.
I am glad that I found Asiaxpat to voice my concern.
I would really appreciate it if you can give me any advise or any other opinion to help me.
Thank You in advance.
P.S (This is a relevant article on right of abode in hong kong by University of Hong Kong)
http://www.clic.org.hk/en/topics/immigration/hk_permanent_residence/q1.shtml