help !!!! Don't want to lose my ROA

I lived in Hong Kong for 16 years and got my residency when I married my first husband. When we got divorced I moved here Oregon.


Am I going to lose my ROA ifI have a continous absent of 36 months. I heard from a friend that ROA is same as Right to Land, the only different is that I cannot vote. But having a chinese daughter from my first marriage (which is currently living here with me) she may decide to go and live in HK again with me in the future.


Please advise.

Yes. There are more differences than just cannot vote. With ROA you cannot be deported for criminal offenses for example.


All you need to know is on the HK immigration website and exactly what you are looking for is here: http://www.immd.gov.hk/ehtml/faq_roaihksar.htm

Am I still allowed to work in HK or maybe have a defendat someday (except from my daughter) if I lose my ROA ?

Yes you are allowed to work and live in HK if you have RTL. No need for dependant visa, just come live and work. After 7 years you will get ROA again.

Pursuant to s2A(1) of the Immigration Ordinance (Cap. 115) (“IO”), a Hong Kong permanent resident enjoys the right of abode in Hong Kong. According to s2 of the IO, a Hong Kong permanent resident means a person who belongs to a class or description of persons specified in Schedule 1.


Based on the facts given, presumably you belong to the category in s2(d) of Schedule 1 of the IO, namely a person not of Chinese nationality who has entered Hong Kong with a valid travel document, and has ordinarily resided in Hong Kong for a continuous period of not less than 7 years.


If that is the case, you might lose the status as a permanent resident in accordance with s7(a) of the Schedule 1, 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. A person does not cease to be an ordinarily resident in Hong Kong if he is temporarily absent from Hong Kong (s2(6) of the IO).


If you cease to have the status of a permanent resident, you will automatically acquire the right to land in Hong Kong in accordance with s2AAA of the IO. You will be able to enter Hong Kong freely to live, study or work without any restriction. However, you will not have the right to vote and the right to stand for election.


If you choose to live in Hong Kong in the future, you may acquire permanent resident status/ the right of abode if you can satisfy the provisions in s2 of the Schedule 1 of the IO, namely being an ordinary resident in Hong Kong for a continuous period of not less than 7 years immediately before application and have taken Hong Kong as your place of permanent residence.


In summary, if your sole purpose is to live with your daughter in Hong Kong and you do not care about the voting rights and deportation orders, you need not take any action as you will acquire the right to land even if you lose the right of abode. However, if you do not wish to lose your existing rights, you will need to enter Hong Kong every 36 months. It should be noted that the ordinance does not specify how long you will need to stay in Hong Kong for this purpose. This could be just a day or even less.


Last but not least, please note that had you been deported from Hong Kong under a deportation order, you shall have no right to land in Hong Kong within the validity of such an order.



Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw