Immigration Guide
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How to maintain Hong Kong Quality Migrant Admission Scheme status without residing in Hong Kong?


Release time:

2022-08-08

Quickly understand how to maintain Hong Kong Quality Migrant Admission Scheme status without residing in Hong Kong.

 

 

 

Many Hong Kong Quality Migrant Scheme applicants, after obtaining their status, will mostly temporarily stay in the mainland for living and development. Therefore, how to maintain the hard-won Hong Kong status and how not to affect the transition to permanent residency after seven years has become a concern for them. So, what factors will affect the renewal of the Hong Kong Quality Migrant Scheme and the transition to permanent residency?


Regarding Quality Migrant Scheme applicants applying for permanent residency, i.e., "residence rights", the Immigration Department stipulates:


"Persons approved to come to Hong Kong under this scheme and/or their dependents may apply for Hong Kong residence rights after residing in Hong Kong continuously for not less than 7 years."


"According to the Special Administrative Region's Immigration Ordinance, any Chinese citizen who has resided in Hong Kong continuously for 7 years or more, whether before or after the establishment of the Hong Kong Special Administrative Region, is considered a permanent resident of the Hong Kong Special Administrative Region and enjoys permanent residence rights."


So, what is "continuous usual residence"? The official statement is as follows:


"As long as you are legally, voluntarily, and with the intention of settling in Hong Kong (for example, studying, working, or residing), regardless of the duration, you will be regarded by the Hong Kong Immigration Department as usually residing in Hong Kong. If you are temporarily not in Hong Kong, you will still be considered as usually residing in Hong Kong."

 

Therefore, the "continuous usual residence in Hong Kong" mentioned by the Immigration Department does not mean "must reside in Hong Kong". Some friends mistakenly believe that "continuous usual residence" means uninterrupted residence in Hong Kong, and that they cannot go anywhere else before obtaining permanent residency. However, the requirement for "usual residence" under the Hong Kong Quality Migrant Scheme is not strict, and the vast majority of applicants can meet it.


How does the Immigration Department determine whether an applicant meets the renewal conditions of "usually residing in Hong Kong"? Generally, the Immigration Department will consider the following factors:


1.The reasons, duration, and frequency of the applicant's departure from Hong Kong;
2.Whether the applicant has a habitual residence in Hong Kong;
3.Whether the applicant is employed by a company based in Hong Kong;
4.The location where the applicant's main family members (spouse and minor children) reside.


In other words, even if one does not reside in Hong Kong for a long time, when applying to become a permanent resident of Hong Kong after seven years, as long as one can prove continuous "usual residence" in Hong Kong for seven years, and provide strong documentation to prove close ties with Hong Kong, one can easily obtain a three-year renewal.

 

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