More advice needed urgently! Right of Abode question

update: Wife has now gone to Immigration and been (perhaps rightly so) grilled over why our son has overstayed his visa (he's 3). We are now trying to get his stay extended, and need to return tomorrow to try to convince them... Does anyone have any experience with talking to the immigration people who could recommend some tips on how to get them to give the extension? At a loss about what to do as he is over his stay and we desperately need an extension so he can leave the country for an upcoming trip. ROB application is in the works but will take who knows how long! Again, we both have Permanent residency and know he is ultimately entitled, but we need the extension of stay so that he can travel in the meantime...


Original post:


My wife and I are now both permanent residents in HK. Our son was born in HK before we became permanent residents. There is no established note on his birth certificate or in his passport that he has right of abode. We will be travelling soon outside HK and his dependant visa is long expired. Does he need some type of indication from the Immigration Dept. that he has right of abode established? or ? any advice appreciated...

I think you should contact immigration on this issue. Just because you now have PR does not mean your son automatically has as well. His dependant visa should not have long expired, in fact if it has then he is in breach of his conditions of stay.

How old is your son? If he is under 18 years old, then he can still qualify to be a dependant. And as long as you and your wife remain in HKG, then he can also remain as your dependant.

the HK immigration website is very clear on this issue. You son is eligible for PR when either parent became PR. You should have processed your son when you applied for PR for yourselves. If you forgot, go to immigration and get your son's status changed.

Thank you for the advice. I know that he potentially has the right of Abode, but was unsure of the process or documents necessary...


Thanks to all - we will investigate with immigration...

Remember to bring with you the birth certificate from the hospital. this proves that he was born in hong kong, and should be automatically entitled to PR in Hong Kong.


This is the reason why many Mainland China mothers come to Hong Kong last minute to deliver their baby. Major risk for the monthers, but then this is what they are betting for. Hong Kong birth certificate which automatically lead to Hong Kong PR status.

Just because he is born here does not mean he has right of abode, but he was able to become a PR at the same time you did regardless of whether he's been here 7 years or less.