Hong Kong SAR

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.

Admission Scheme for Mainland Talents and Professionals (ASMTP): for Mainland Chinese residents with special skills/knowledge/experience not readily available in HKSAR. Quota-free, non-sector-specific, structurally mirrors GEP (36-month initial stay, 3-2-year extension pattern, identical top-tier HK$2,000,000-income enhancement stream). Residence route only; feeds the 7-year ordinary-residence bridge to right of abode. All talent/employment residence schemes (GEP, ASMTP, QMAS, TTPS, IANG, TechTAS) share a common statutory endpoint: Cap.115 Schedule 1 para 2(d) (non-Chinese-national route) or para 2(b) (Chinese-citizen route) — 7 continuous years' ordinary residence with Hong Kong taken as the place of permanent residence — is the sole bridge to the residence-tier status of 'permanent resident'/right of abode.

A Chinese citizen born in Hong Kong (before or after the 1997-07-01 establishment of the HKSAR) is a permanent resident of the HKSAR and thereby enjoys the right of abode. This is a birth-based ABODE (residence) route, not a citizenship route; Chinese nationality is a precondition, and the abode it confers is residence. Director of Immigration v Chong Fung Yuen (2001) held, unanimously, that a Chinese citizen born in Hong Kong is a permanent resident under Basic Law Art.24(2)(1) irrespective of the HK immigration status of the parents (the parents there were mainland residents on two-way permits with no HK abode at the birth). The 26 June 1999 NPCSC interpretation bound only Art.24(2)(3) (descent), not Art.24(2)(1) (birth), which the CFA construed by the common-law approach. Remains good law as of 2026.

Effective 26 February 2025, applications under the 'Specified Schemes' (GEP, ASMTP, IANG, QMAS, TTPS, TechTAS, New CIES, and their linked dependant applications) attract a non-refundable application fee of HK$600 per application (entry, change of condition, or extension), plus a visa issuance fee of HK$600 (stays <=180 days) or HK$1,300 (stays >=181 days), payable only on approval. Fees outside the Specified Schemes are unchanged. New Capital Investment Entrant Scheme (New CIES), operative since 2024-03-01: minimum net investment of HK$30,000,000 (or foreign-exchange equivalent), with the applicant required to show net assets/net equity beneficially owned of at least that value, sustained throughout the 6 months preceding application. A mandatory minimum of HK$3,000,000 must be placed in the CIES Investment Portfolio managed by the Hong Kong Investment Corporation Limited.

DECLARATION OF CHANGE OF NATIONALITY (Instrument 13 §5): a Chinese national of HK whose nationality has changed may, with valid documents in support, make a declaration to the HK Immigration Department. This is a HK-specific route DISTINCT from CNL renunciation — it is the operational mechanism by which a HK Chinese national who holds a foreign passport ceases to be TREATED as a Chinese national, and it is handled by HK Immigration (not requiring MPS approval in the CNL Art.16 sense). Eligibility for a declaration of change of nationality: aged 18+ and of sound mind (under-18 via parent/guardian); a Chinese national under the CNL; a HK resident; holds a foreign passport as proof of foreign nationality; documents not forged/illegally obtained; and the applicant will NOT become stateless after disclaiming Chinese nationality.

Dependant visa: sponsors may be HK permanent residents or non-permanent residents already admitted under an approved scheme (employment/study/business/GEP/ASMTP/QMAS/TTPS/IANG/TechTAS/CIES). Eligible dependants for all sponsor categories are a spouse (or party to a legally-recognised same-sex/opposite-sex civil partnership, civil union, or marriage recognised at the place of celebration) and unmarried children under 18. Only permanent-resident sponsors may additionally sponsor parents aged 60+. After 7 continuous years' ordinary residence, dependants may independently apply for right of abode.

HKSAR passport eligibility under Cap.539 requires ALL THREE concurrent conditions: (1) Chinese citizen (Chinese nationality per PRC Nationality Law as elaborated by the 1996 NPCSC Explanations); (2) permanent resident of HKSAR with right of abode; (3) holder of a valid HK permanent identity card. A person approved for change of nationality who is no longer a Chinese national is ineligible. The passport is issued under Basic Law Art.154 and PRESUPPOSES pre-existing Chinese nationality and PR status — it CONFERS NEITHER. It is a derived travel document, never a standalone acquisition route and never 'citizenship' in itself.

The HKSAR Document of Identity for Visa Purposes (Doc/I) is issued to HK residents who cannot obtain a national passport or any other country's travel document, in three eligibility classes: (1) non-Chinese nationals who HAVE right of abode in HKSAR and hold a permanent identity card but cannot obtain a national passport; (2) persons on limit of stay in HKSAR unable to obtain a national passport; (3) persons on unconditional stay but WITHOUT right of abode, unable to obtain a national passport. Validity 7 years. This is the derived travel document mapping to the non-Chinese-PR branch of the residence-vs-citizenship split.

Verification of Eligibility for Permanent Identity Card (form ROP145): the applicant must be physically in Hong Kong both when applying and when the endorsement is given. Children under 11 whose PR status is shown on their HK birth certificate normally need not apply for verification and may apply for the permanent ID card directly at age 11. Verification of eligibility and first issue of a permanent ID card are free of charge. The permanent ID card is evidence of the residence-layer abode status, not a conferral of it.

A person of Chinese nationality born OUTSIDE Hong Kong (before or after the 1997 establishment) to a parent who, at the time of that person's birth, was a Chinese citizen falling within category (a) [born in HK] or category (b) [7-year Chinese-citizen PR], is a permanent resident of the HKSAR. This is a descent-based ABODE (residence) route (Basic Law Art.24(2)(3) / Cap.115 Sch.1 para 2(c)). The constitutional basis for the descent abode route is Basic Law Art.24(2)(3). Its scope was the subject of the 26 June 1999 NPCSC interpretation (which bound Art.24(2)(3), distinct from the birth category (2)(1) at issue in Chong Fung Yuen). The descent abode route (para 2(c)) requires the parent to have been a Chinese citizen within category (a) or (b) AT THE TIME OF BIRTH of the applicant.

FOUNDLING: An abandoned new born infant found within Hong Kong who appears to the Director to be of Chinese descent is taken, in the absence of evidence to the contrary, to be the legitimate child of a Chinese citizen who was a permanent resident of the HKSAR at the time of the child's birth (Cap.115 Sch.1 para 1(3)(a)). This deems the parentage that then supports permanent-resident (abode) status; it is a residence-layer safeguard against abandonment leaving a child without abode. FOUNDLING (non-Chinese branch): An abandoned new born infant found within Hong Kong who appears to the Director to be NOT of Chinese descent is taken, in the absence of evidence to the contrary, to be the legitimate child of a parent not of Chinese nationality who had the right of abode in Hong Kong under paragraph 2(d) at the time of the child's birth (Cap.115 Sch.1 para 1(3)(b)).

General Employment Policy (GEP): quota-free, non-sector-specific residence route requiring a genuine job offer commensurate with the applicant's qualifications, which cannot be readily filled locally, at market-rate remuneration. Initial stay is 36 months on employment condition (or contract duration if shorter); extension pattern 3-2 years. Not citizenship; residence route only, feeding the standard 7-year ordinary-residence bridge to right of abode (Cap.115 Sch.1 para 2(b)/(d)). All talent/employment residence schemes (GEP, ASMTP, QMAS, TTPS, IANG, TechTAS) share a common statutory endpoint: Cap.115 Schedule 1 para 2(d) (non-Chinese-national route) or para 2(b) (Chinese-citizen route) — 7 continuous years' ordinary residence with Hong Kong taken as the place of permanent residence — is the sole bridge to the residence-tier status of 'permanent resident'/right of abode.

Immigration Arrangements for Non-local Graduates (IANG): for non-local students who obtained an undergraduate-or-higher qualification via a full-time, locally-accredited HKSAR programme (including Greater Bay Area campuses of HK institutions). Quota-free, non-sector-specific. 'Recent graduates' (apply within 6 months of graduation) need no job offer, get a 24-month initial stay; 'non-recent graduates' (apply after 6 months) must have secured a job offer. Free to change employer without prior IMMD approval.

A HK permanent resident who is NOT of Chinese nationality LOSES permanent resident status if absent from HK for a continuous period of not less than 36 months since ceasing to have ordinarily resided in HK (Cap.115 Sch.1 para 7(a)). This is a RESIDENCE-status loss, NOT a citizenship loss, and applies only to non-Chinese PRs. The Director of Immigration has no discretion to extend/waive the 36-month duration. A person who ceases to be a HK permanent resident by the 36-month-absence rule automatically acquires the RIGHT TO LAND (may enter/live/study/work in HK without restriction), retaining a residence status but forfeiting the protection against deportation that abode confers. This underscores that the loss is residence-layer only. Chinese-national permanent residents do NOT lose permanent resident status by absence — the 36-month-absence loss rule is confined to non-Chinese PRs.

A foreign national or stateless person may be naturalised as a Chinese national upon approval of the application, provided they are willing to abide by China's Constitution and other laws and meet at least one Art.7 condition: (1) near relative of a Chinese national; (2) settled in China; or (3) other legitimate reasons. Applications for naturalisation, renunciation and restoration of Chinese nationality are subject to examination and approval by the PRC Ministry of Public Security (formal approval layer, CNL Art.16), while the HK Immigration Department is the designated authority that HANDLES all such nationality applications in HK (Instrument 13 §6). Both layers must be pinned: MPS = formal PRC approval; HK Immigration = designated handling/declaration authority (the delegating bridge).

CITIZENSHIP LAYER: Under PRC Nationality Law Art.4, any person born in China (which, from 1997-07-01, includes Hong Kong as Chinese territory) whose parents are both Chinese nationals, or one of whose parents is a Chinese national, HAS Chinese nationality. This is jus sanguinis with a territorial nexus; there is no jus soli for children of foreign parents. Confirmed by the NPCSC 1996 Explanations, which treat a HK resident of Chinese descent born in the Chinese territories (including Hong Kong) as a Chinese national. CITIZENSHIP LAYER: Under PRC Nationality Law Art.5, any person born abroad whose parents are both Chinese nationals, or one of whose parents is a Chinese national, HAS Chinese nationality (jus sanguinis by descent).

The One-way Permit (Permit for Proceeding to Hong Kong and Macao) is the family-reunion route for Mainland residents settling in HK. It is administered under Mainland law/policy via the Exit-Entry Administration of the Ministry of Public Security at the applicant's household-registration locality — it is NOT an HK-issued residence visa and not part of HK's own Immigration Ordinance. Basic Law Art.22(4) requires Mainland-resident entrants to obtain such approval; per the NPCSC's 1999 interpretation. Holders acquire HK ordinary residence upon arrival, which starts the 7-year abode clock under Cap.115. The One-way Permit daily quota is 150 (set 1995, unchanged as of the most recent LCQ answer 2024-05-22), of which 60 are reserved for children born on the Mainland with HK right of abode by descent under Basic Law Art.24(2)(3), and 30 are reserved for long-separated spouses.

Quality Migrant Admission Scheme (QMAS) General Points Test: 12 assessment criteria across 6 aspects (age <=50; academic qualification; language proficiency; work experience; annual income >=HK$1,000,000; business ownership); applicant must select and satisfy 6 of the 12 criteria to pass. Prerequisites: age >=18, financially self-sufficient, no adverse record, first degree/equivalent. Admits receive 36-month initial stay, time-limitation only. QMAS Achievement-based Points Test (alternative to the General Points Test): only 2 criteria, of which satisfying ONE suffices - (a) international/national top-level award, OR (b) work/achievement acknowledged by peers as a significant contribution to the field. Admits receive an 8-year initial stay, time-limitation only (materially longer than the 36-month GPT grant), reflecting the higher substantive bar.

Non-Chinese nationals may apply for Hong Kong permanent residence (right of abode) after satisfying four cumulative conditions: entry into Hong Kong with a valid travel document; ordinary residence in Hong Kong for a continuous period of not less than 7 years, reckoned immediately before the date of application; taking Hong Kong as their place of permanent residence; and making the required declaration. The status is not automatic: it arises only upon the Director's approval, after furnishing information on habitual residence, family in Hong Kong, means of income and tax compliance. 'Ordinarily resided' is a qualitative test: per Vallejos (2013) 16 HKCFAR 45, foreign domestic helpers' service years do not count, and time as a visitor or in detention is excluded. The outcome is right of abode / permanent residence, never citizenship; it is lost after 36 continuous months' absence.

Applications for naturalisation, renunciation and restoration of Chinese nationality are subject to examination and approval by the PRC Ministry of Public Security (formal approval layer, CNL Art.16), while the HK Immigration Department is the designated authority that HANDLES all such nationality applications in HK (Instrument 13 §6). Both layers must be pinned: MPS = formal PRC approval; HK Immigration = designated handling/declaration authority (the delegating bridge). Persons wishing to acquire, renounce or restore Chinese nationality must go through the formalities of application (except automatic loss under Art.9). Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives (CNL Art.14).

Technology Talent Admission Scheme (TechTAS): fast-track scheme for eligible companies engaged in R&D in designated technology areas (AI, biotech, cybersecurity, fintech, robotics, etc.) to admit non-local tech talent. Companies obtain a 24-month-validity quota from the Innovation and Technology Commission before sponsoring an individual employment-visa application. Applicant must hold a STEM degree from a top-100-ranked university (Bachelor's-only holders need >=1 year relevant experience; Master's/Doctoral exempt). Excludes nationals of Afghanistan, Cuba, North Korea.

Top Talent Pass Scheme (TTPS, launched 2022 post-2022 Policy Address): Category A - annual income >=HK$2,500,000 in the year immediately preceding application, no job offer required, no annual quota, 36-month initial stay. Category B - degree from an eligible-university list plus >=3 years' work experience in the past 5 years, no job offer required, 24-month initial stay. Category C - degree from an eligible university within the past 5 years and <3 years' experience, subject to an annual quota; Category C explicitly excludes non-local students who obtained their undergraduate degree via a full-time HK-accredited programme (they route via IANG instead). Excludes nationals of Afghanistan, Cuba, and North Korea. TTPS Category C carries an annual quota of 10,000 places, allocated first-come-first-served; Categories A and B carry no quota.

Applications for naturalisation, renunciation and restoration of Chinese nationality are subject to examination and approval by the PRC Ministry of Public Security (formal approval layer, CNL Art.16), while the HK Immigration Department is the designated authority that HANDLES all such nationality applications in HK (Instrument 13 §6). Both layers must be pinned: MPS = formal PRC approval; HK Immigration = designated handling/declaration authority (the delegating bridge). Persons wishing to acquire, renounce or restore Chinese nationality must go through the formalities of application (except automatic loss under Art.9). Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives (CNL Art.14).