Posted by
pstjmack
15 yrs ago
I am a permanent HKID holder. My wife has been married to me for just over three years and holds her ID as my spouse. How many weeks in any calendar year can she be absent from Hong Kong and still be eligible for her permanent HKID after seven years?
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As far as I know there *is* a requirement to spend a certain number of days in Hong Kong each year out of the seven to be eligible for the full residency, even as a spouse. That number of days is what I want to be sure of.
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there is no such limit as far as i know
you can be away for long periods for genuine reasons like business or education but you maintain 7 years of continuous residency and it should be fine with ROA.
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Most countries, and AFAIK also HK, have a 180 day rule. But I could be mistaken.
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"This is a good question and does have me thinking...I'm curious to hear the answer. Can a spouse...on a dependents visa....gain permanent residence based on 7 consecutive years of having a dependents visa??? and does HK track how many days the spouse is present in HK?"
Madtown - Yes. A spouse who has lived here, legitimately, on a dependent's visa for seven years can get their Permanent Residency (ROA) status. From then on they are no longer "dependent", so to speak. So also can children. My understanding though is that when children become 21, then they then have to reapply in their own right.
Do they track a spouse's days in HK? Yes, the same as IMD can track all of our days in HK. Additionally within the application for ROA the applicant has to declare that they have not been away from HK for more than six months in any one stretch. If they have been then they have to declare periods of absence and explain why.
Which then answers OP's original question. Providing she isn't away for more than six months at a time, then this will not damage her seven continuous years (it would seem). However, approval for ROA is not automatic and approved on a case by case basis, apparently, so I suppose if she was in another country working (or holidaying or living) for almost six months at a time, then returning for a quick holiday in HK before heading off again, several times during her 7 years, then they may well refuse on the basis that it doesn't really show her as being "ordinarily resident" in HK.
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