
The Right of Abode (ROA) in Hong Kong is an important legal status that gives a person the right to live and work in Hong Kong without any restrictions. It is a pathway to Permanent Residency in Hong Kong, making it highly sought after by many people looking to settle in this bustling city.
For many, winning the ROA will be the initial step toward establishing permanent residence in Hong Kong; this will, among other advantages, allow access to work and residence, coupled with the privileges of social services and rights. In the next blog, we’ll break down the rules, benefits, and process towards a Right of Abode in Hong Kong, in the manner it leads to the better-known Permanent Residency.
What is the Right of Abode in Hong Kong?
ROA is, as its name suggests, a status granted to an individual who meets certain criteria set forth by the Hong Kong government. It gives them the right to live, work, and study in Hong Kong without any restrictions.
In simple words, individuals with the ROA are not subject to immigration control, and they are not required to renew any visas or permits to stay in the region. This status is usually a stepping stone to Permanent Residency, and it can be obtained through various means, including birth, descent, or naturalization.
How to Qualify for Right of Abode in Hong Kong?
There are different ways through which one can qualify for the ROA in Hong Kong. One of the most common ways is by being born in Hong Kong, as all individuals born in Hong Kong to Chinese citizens automatically obtain the ROA. For others who are not born in Hong Kong, there are additional pathways that allow them to apply for the Right of Abode.
These routes encompass the fact that a person is the child of an individual with the ROA, or that an alien has stayed in Hong Kong for a lengthy period of time. The above are the primary ways to achieve the Right of Abode in Hong Kong:,
- Birth in Hong Kong: Born in Hong Kong to Chinese citizens automatically earns them the ROA if they qualify for other defined conditions.
- Children of Hong Kong Permanent Residents: You may be eligible for the ROA if your parents hold Permanent Residency in Hong Kong.
- Ordinary Residence: A non-Chinese person, who has been living in Hong Kong for seven continuous years, can apply for the Right of Abode through the ordinary residence route.
How Right of Abode Leads to PR in Hong Kong
The process of achieving Permanent Residency in Hong Kong can be facilitated by first being granted the ROA. With ROA, you enjoy the liberty of staying and working in Hong Kong without immigration hindrances, a liberty that facilitates the stability and experience to file for Permanent Residency later on. Here’s how it all works:
1. Obtain ROA: First, you must qualify for the ROA either by birth, descent, or residence. This right is important because it gives you the legal standing to stay in Hong Kong without needing a visa. You can apply for the ROA as soon as you qualify under the specific criteria.
2. Living in Hong Kong: After acquiring the ROA, people usually stay in Hong Kong for a certain period of time (seven years for non-Chinese residents). In this period, it is essential to maintain continuous residence in the city, as long breaks outside Hong Kong may disqualify you from applying for Permanent Residency.
3. Applying for Permanent Residency: After completing the residency requirements, one can apply for Permanent Residency. Those who have the ROA and have stayed in Hong Kong for the required seven years can apply for PR status. The process is straightforward, and those who meet the criteria usually receive PR status, which grants full rights to live and work in Hong Kong permanently.
Advantages of Having ROA in Hong Kong
Having the ROA in Hong Kong has many advantages. Some of these advantages make it an attractive status for both residents and foreigners considering living in Hong Kong. Here are some key advantages of having the ROA:
- No Visa Renewal: There is no renewal of visa or work permit, which is a significant advantage. You can live in Hong Kong without any kind of immigration restrictions with the ROA.
- Work Flexibility: You are able to work in any field, with any employer, and even set up your business. The ROA allows access to the whole Hong Kong labor market.
- Access to Social Services: A holder of the ROA is eligible to various social services, including healthcare, education, and public housing, which are just like those for a permanent resident.
- Pathway to Permanent Residency: The ROA can be considered a stepping stone to becoming a Permanent Resident. Once you have the ROA, you can live in Hong Kong without the limitations that others may face on temporary visas.
- Freedom of Movement: Individuals with the Right of Abode enjoy the freedom to travel in and out of Hong Kong without having to apply for re-entry permits.
Key Rules and Considerations
Although the ROA is an important status, there are some rules and considerations that applicants must be aware of:
- Continuous Residence Requirement: In order to be qualified for the ROA, the applicant must continuously reside in Hong Kong. Protracted absences from Hong Kong may lead to loss of entitlement to obtain or retain the ROA.
- Eligibility for Non-Chinese Nationals: Non-Chinese nationals intending to apply for the ROA via ordinary residence need to ensure that they have complied with the seven-year residency rule. This entails demonstrating that they have been legally residing in Hong Kong and did not spend excessive periods outside.
- Immigration Control: Even though people are entitled to live and work in Hong Kong without hindrance under the ROA, for instance, the ROA does not give full protection against deportation in certain circumstances, such as criminal activity or threats to national security.
- Eligibility for Children: Children born in Hong Kong to foreign parents are not qualified to be automatic recipients of the ROA unless the child’s one parent is in Hong Kong as a Permanent Residency holder.
Right of Abode is an indispensable legal status, where one has a right to stay, work, and eventually be a permanent resident of Hong Kong. The process involves qualifying through birth, descent, or residence, with the ROA offering many benefits, such as unrestricted access to the labor market, social services, and a straightforward pathway to Permanent Residency.
Understanding the rules, benefits, and process involved in obtaining the ROA can help individuals navigate their way to a stable future in one of the world’s most vibrant cities. Whether you’re a foreigner looking to settle in Hong Kong or a child of a permanent resident, the Right of Abode is the first step toward making Hong Kong your home.