Residência permanente por residência normal de 7 anos (não chinês)
Cidadania em Hong Kong SAR
- Elegibilidade
- POSITIVE DISCONFIRMATION: Hong Kong has NO general jus soli. Birth in Hong Kong does NOT by itself confer right of abode on a person who is not a Chinese citizen. A non-Chinese child born in HK acquires no abode by birth alone; the only birth-based route for a non-Chinese person is the narrow, conditional and age-limited category 2(e) (born in HK to a category (d) non-Chinese permanent-resident parent, ceasing at age 21). Category 2(e): a person under 21 born in HK to a parent who is a category (d) (non-Chinese, 7-year) permanent resident is a permanent resident, provided that at the time of birth or at any later time before turning 21 one of the parents has the right of abode in HK. This is a derivative, conditional and age-limited ABODE (residence) status. A category 2(e) permanent resident ceases to be a permanent resident on attaining 21 years of age and may then apply to the Directo
- Renúncia
- Não exigida
Cenários de exemplo
Os cenários de exemplo são exibidos em inglês.
Yes, in principle: a non-Chinese national who has been ordinarily resident in Hong Kong for a continuous period of not less than 7 years may apply for permanent residence under Basic Law Art.24(2)(4) / Cap.115 Sch.1 para 2(d).
This is permanent residence / right of abode, NOT Chinese citizenship or an HKSAR passport entitlement — those remain separate, harder pathways (HK-NAT-01) requiring formal MPS approval.
Whether a period spent overseas breaks 'ordinary residence' continuity is assessed by Immigration Department on the specific facts (duration, purpose, retained ties to HK); an 18-month secondment is a substantial absence that could interrupt continuity.
This is a fact-specific continuity determination — flag as requiring case-by-case IMMD review/professional consultation rather than assuming either outcome; do not present a definitive 'yes it still counts' answer without primary confirmation.
No. The Court of Final Appeal in Vallejos (2013) 16 HKCFAR 45 held that foreign domestic helpers are not 'ordinarily resident' for the purposes of Cap.115 Sch.1 para 2(d), regardless of length of stay.
This is a categorical legal exclusion, not a duration threshold that could eventually be met — 12 years does not change the outcome. This is one of the most important honest-disclosure points in the HK dossier; never suggest FDH tenure accrues toward PR.
No. As confirmed in Vallejos (2013) 16 HKCFAR 45, FDH residence is categorically excluded from counting toward the 7-year 'ordinarily resident' permanent residence route, irrespective of the number of years served.
This disconfirms a common misconception circulating among the FDH community; be explicit and unambiguous rather than hedging, since false hope here has serious real-world consequences.
No automatic acceleration exists. His own 7-year ordinary-residence route (HK-RES-01) runs independently of his spouse's PR status; marriage to a PR does not shorten the 7-year requirement. A dependant visa (HK-DEP-01) is a separate, parallel channel some spouses use, but it does not fast-track the underlying 7-year clock.
He should apply directly under HK-RES-01 on his own continuous-residence record now that he has reached year 7.
Possibly. 'Ordinarily resident' is a substantive factual test, not merely an unbroken visa record; heavy annual absences may undermine the ordinary-residence finding even where the visa itself remained valid throughout.
This is a fact-specific determination for Immigration Department (and, if disputed, the courts) — flag as NLR requiring case-by-case assessment; do not assume automatic qualification purely from unbroken visa validity.
Resumo informativo compilado a partir de fontes legais primárias — não é aconselhamento jurídico. A lei de cidadania muda; verifique com a autoridade competente antes de agir. Verificado pela última vez em 2026-07-04.
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