Lost HK Permanent Resident

I want to get some advice from all of you. My case as following....


Currently my family live in Australia. My wife and me were born Hong Kong and migrated to New Zealand at 1990. My daughter was born in New Zealand at 1998 and granted NZ citizenship. We moved back to HK at 1998 and my daughter granted HK permanent resident with the sticker on her NZ passport. We left Hong Kong to Australia from year 2000 and we haven't come back more than 36 months. We came back to HK on last year for holiday and applied hkid card for my daughter. Yesterday I received a letter from HK Immigration Dept (Right of Abode Section) to turn down my daughter application. The reasons are:

1. She has been absent from HK more than 36 months.


2. My daughter was born in NZ and holding NZ passport. My wife and me is Chinese citizens but had settled in NZ at the time of my daughter's birth, so my daughter is not Chinese citizens and her claim to have the status of permanent resident of HKSAR under paragraph 2(c) of schedule 1 to the Immigration Ordinance CANNOT be established.


3. Based on above findings. My daughter is not HKPR, so HK immigration declares the sticker label on my daughter passport is invalid.


My arguments are:

1. My family is Chinese and we want to keep Chinese (HK) identity. So we moved to HK at 1998 to apply my HK permanent resident. If hk immigration not issues that sticker label for my daughter, I won't leave HK. My daughter left HK more than 36 months because HK Immigration is provided wrong information (issued a sticker on her passport). Their wrong information to make me suffered, it is not fair.


2. My family of 4 people, she is only one don't have HK permanent resident, for the family gathering reason, last person of the family should grant the permanent resident.


3. We have been went back to HK twice on 2003 & 2009, my daughter entry into HK with her sticker, the immigration officer doesn't have any issue, so I assumed my daughter permanent resident is OK.


My questions are:

1. Do you have any legal statement to support my daughter application?

2. If HK Immigration provided wrong information (issued a sticker) to effected my decision/action, any legal action I can take?

3. Any suggestion or comments, even get the different type of visa

How was your daughter given permanent status in 1998?


She can only get it from living here for 7 years continuously - which she obviously hadn't.


As Immigration pointed out, you were both NZ citizens when she was born, so you can't pass Chinese nationality onto her.


I wonder... if this discrepancy is because the laws may have changed.


In 1997, I was awarded three stars, permanent ID card, having only lived here for 3 years - on the basis that my mum was a permanent HK ID card holder at the time of my birth (even though she was living in UK at the time and probably had a UK passport at that stage and I was born in UK). I was allowed this, because the laws changed after 1997.


So... maybe that's why your daughter also got PR in 1998, because you were both 3 star, Chinese ID card holders when she was born?


Was she given a 3 star, ID card? (perhaps she was too young?). My belief is that with 3 stars ID card, you can leave HK for as long as you like, but still maintain your PR status.


Others who gain PR status from living here 7 years continuously, must return every couple of years to maintain that status.


I'm not sure what your sticker says, but it does seem she was granted PR status - the kind that should not be taken away. The whole "3 stars" is the key though.

she have a HK Permanent Resident sticker on her NZ passport, at that moment my daugther only 1 yr old, she can't get the HKID card with 3 stars.

The rules in 1998 wasn't clear then immd clearified from Beijing. my daughter went back HK twice on 2003 & 2009 with her HKPR sticker with no problem. So I presumed her PR is OK. When I applied HK children id on last year, immd officer found something wrong. yesterday offically noticed me her HK PR is invalid. so I have 14 days to appeal this case. any information can help in this case pls post it on this forum. many thanks

if a person is not born in hong Kong to a chinese citizen, the person has to apply for PR status. the person has to complete 7 years to get the PR status and then naturalize as a chinese citizen.


if the person only has a PR and does not wish to change the nationality then they need to come back to hong kong every 3 years to sort of " charge up the balance"