If you’ve been dreaming of living in Hong Kong, you’ve probably wondered how to apply for Permanent resident status. You’ve heard about the EB-5 visa and the family-based visa, but how do you use them for the right of abode? Here are some tips. After reading this article, you’ll be well-equipped to decide your immigration status.
Permanent resident status
Generally, a person can apply for Permanent resident status in Hong Kong if they work legally and have a valid work permit. This requirement may not apply to foreign nationals residing in the Chinese Mainland or to the citizens of Afghanistan, Nepal, Vietnam, and the Democratic People’s Republic of Korea. However, a person can still apply for permanent residence status if he is an employee in a company in Hong Kong.
For an individual to acquire Permanent resident status in Hong Kong, they must have lived in the country for at least seven years. This period must include when the person has lawfully resided in Hong Kong for a settled purpose. A person cannot claim to be an ordinary resident if they have been visiting the city for several years. As such, a person must have a permanent identity card to prove his right of abode in Hong Kong.
Due to health issues, some foreign nationals have also returned to Hong Kong after missing the original residency deadline. But if they do not return within three years, they might lose their residency. Some people believe they must adhere to the «three-year rule» — an international immigration law requiring residents to return to Hong Kong within three years of their last visit. However, such a restriction may result in a ban on such people.
The situation is quite complicated, but it is still worth mentioning. Legal scholars believe the current law on re-immigration of foreign permanent residents is unconstitutional. This is because «permanent» in the Basic Law means forever. Hence, the Immigration Ordinance cannot restrict the duration of permanent residence. Further, it cannot affect a person’s right to own or occupy a property in Hong Kong.
If you are considering an EB-5 visa to get permanent resident status (PR) in Hong Kong, you may be wondering how to qualify for it. While the process is generally straightforward, there are some nuances you should understand. EB-5 visas are highly selective and may be subject to lengthy backlogs depending on the amount of Hong Kong nationals applying for them. To avoid this issue, you should consider whether you can wait several years to apply for permanent resident status in Hong Kong.
To become a permanent resident of Hong Kong, you must invest at least US$900,000. Unlike other forms of investment visas, there is no age or English language requirement for the principal applicant. As long as you can provide the required amount of money, you can apply for an EB-5 visa. The most important thing to remember when applying for an EB-5 visa to Hong Kong is to make sure that you do your research.
After determining the amount of capital needed for an EB-5 visa, you must find a project that will allow you to meet the requirements. It would help if you also considered hiring an immigration attorney. A qualified immigration attorney will ensure you submit all the necessary documents for the visa process. If you are unsure whether your investment qualifies for an EB-5 visa, an immigration attorney can help you navigate the process.
After deciding to apply for an EB-5 visa, you must wait two years to file your I-485 adjustment of status application. Upon receiving your I-485 approval, you will have six months to apply for a permanent residency visa. EB-5 visas are the fastest processing visas. Once you successfully obtain your permanent resident visa, you can apply for citizenship in the United States. In addition, you will be able to access American healthcare and get your capital investment back.
The processing network will then prioritize applications made by family members for temporary residence. This is a priority because the applicant should hold a valid HKSAR or BNO passport. The processing network should also prioritize applications made by family members for study permits. If the applicant is a citizen of a country other than Hong Kong, a Hong Kong Document of Identity (HKDI) cannot be used.
The principal applicant must also provide proof of employment and the ability to support the dependents. To be considered for this type of visa, immigration documents must be in English or translated by a certified translation service. The processing time for such applications is six weeks, but it can be longer if there are many applications. Usually, a family member has been in Hong Kong for five years or more.
Most Hong Kong immigrants obtain lawful permanent residence in the United States by applying for a Green Card. This process is easier for Hong Kong immigrants than for mainland Chinese citizens. The immigration rate in Hong Kong is much higher than that of Mainland Chinese. Immigration professionals can help determine whether you’re eligible for a family-based visa based on your relative status. This route is the fastest way to obtain permanent resident status in Hong Kong.
If you wish to apply for a dependent visa, you must use it at least four weeks before the end of your current limited stay. Your application will only be considered if your dependents meet the requirements and your sponsor is still a bona fide Hong Kong resident. The duration of the dependent visa is three years for a spouse and two years for parents. The time of the key depends on the length of the primary applicant’s stay in Hong Kong.
Right of abode
The right of abode in Hong Kong allows a person to live in Hongkong permanently. This status is a crucial feature of Hong Kong immigration laws and enables permanent residents to apply for permanent residency. Once granted, a person is eligible to reside in Hong Kong indefinitely. In addition to allowing permanent residents to stay in Hong Kong, the right of abode will enable non-residents to live in the territory for up to five years.
To apply for a right of abode in Hong Kong, a person must have been born in Hong Kong, be a city resident, or have been a legal resident for seven years or more. The person must have spent a significant portion of the time in Hong Kong before obtaining the right of abode. In some cases, a person’s right of residence in Hong Kong will be permanently granted if the applicant visits the city at least three times in three years.
In addition to granting rights of abode, people may also be eligible to change their nationality. Once they change their race, they must declare it to the Immigration Department. There are exceptions to this rule, but otherwise, they can retain their right of abode in Hong Kong for residence, study, and work. The Government of Hong Kong maintains a comprehensive chart of the requirements and the process for applying for a right of abode in Hong Kong.
A representative case representing 81 children was brought against the Government. The Court heard the case of First Instance in January 1998. The Court of the first instance found the provision under challenge unconstitutional. The Government appealed to the Court of Appeal, and the Court of Appeal reversed the decision. However, the Government appealed the decision. This time, the Court of Appeal rejected the Government’s appeal.
Relinquishment of U.S. passport
Although renunciation of U.S. citizenship is rare compared to other developed countries, it has increased in frequency. Statistics show that between 3000 and 6000 U.S. citizens have given up their citizenship yearly since 2013, up from only three hundred and fifty in the 1970s. The increase in renunciation rates is primarily attributed to the economic crisis and depreciation of assets.
There are several drawbacks to the renunciation of U.S. citizenship, including a potential risk of statelessness. People with no alternative nationality will be treated as non-citizens and may find themselves in a situation where they are denied entry or cannot get a job. This can cause problems with employment, housing, and travel.
In addition to timing, the law governing the relinquishment of U.S. citizenship also affects those who want to obtain Hong Kong citizenship. Historically, S. 349 did not require expatriates to have an «intention» to give up their nationality. Still, the Supreme Court’s ruling in 1977 and 1979 brought the U.S. Government’s legislation into compliance with the law. Because of these recent rulings, some expatriates may be entitled to a back-dated Certificate of Loss of Nationality.
While it is possible to renounce U.S. citizenship for various reasons, it is best to consult the Department of Homeland Security to determine the implications of renunciation. The U.S. Embassy should be contacted if renunciation is desired outside of the U.S. However, if you renounced U.S. citizenship and are pursuing a Hong Kong residency, you should contact the Department of Homeland Security to discuss your options.