ROA appeal advise

After immigration refuse ROA(Right Of Abode) for my wife/son, they asked me to appeal the case, and so we were. Now we have appointment with Immg soon. Now how to prepare for this. Any one have experiance of appealing?


PS : they have good reason to refuse, since both were absent for nearly 5 yrs contineuosly and braking of visa as well, first they got visa on 1998


Pls share if anyone of you gone through.

Did you achieve permanent residency during your initial stay. If so, then you will still have RTL. The only difference between that and ROA is you cannot vote, and you can be deported in the event of comitting a crime.


If you did not achieve PR during your first stay I have no idea.


Evildeeds is the go to guy on here for PR. perhaps he may be able to clarify.

The answers above from DB, cara and dipper more than cover it.


With PR the onus is on you to prove to Immigration that HK has been a continuous place of residence for 7 years. They do show some flexibility in regard to those who are out of HK in business frequently or occasionally forget to renew a visa as long as it's bought to their attention and dealt with promptly.


However as you have mentioned they were not resident in that time, due to the absence of 5 years and the continually breaking of visas. Immigration do not allow piece meal living in HK to be strung together to make a collective 7 years.


Part of getting ROA is the application for PR which is down to you to make and is not given automatically. If you don't apply you don't get. Obviously we don't know the full details but from what is given I cannot see where the criteria for PR or ROA has been fulfilled. Immigration will look at it in the same way.

To : Digital Blonde >>>> They never had/have ROA before and I'm holder of HKSAR passport since 2005,

To : Cara >>> Are you talking about my previous post? im still searching for that, how can i find that out? else I shldnt creat this thread, It was around June 2008 when I first applied for PR.


To : dipper >>>> Yes, I want to appeal coz I feel I've genuine reason to do so


I already provided proper excuse ( medical reason for my son, age 10 now)why both didn't enter HK before thier visa expired, and I assumed that is good for sure.


I'm just eager whats the probability of getting PR,anyway no one knows unless someone encounter same issue like this case.