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The essential law that governs permanent residency in Wanchai, Hong Kong, is the Immigration Ordinance (Cap 115). According to this ordinance, a person can acquire the permanent resident status, indirect in Hong Kong, after residing continuously for seven years. They must also demonstrate their intention to reside indefinitely in Hong Kong. Persons of Chinese nationality born in Hong Kong are considered permanent residents.
Legal advice or representation is often recommended for Permanent Residency applications due to the multiple laws and regulations involved. Legal advice can be beneficial in cases where:
The local laws outline who may become a Permanent Resident in Hong Kong. Under the Immigration Ordinance, one can acquire Permanent Resident status if they:
The '3-stars rule' is another factor to consider: Under the Immigration Ordinance, persons not of Chinese nationality who have entered Hong Kong with a valid travel document, have ordinarily resided in Hong Kong for a continuous period of not less than seven years, and have taken Hong Kong as their place of permanent residence are eligible for Permanent Residency. Their 'dependent' status does not affect their eligibility for Permanent Residency.
Processing times may vary, but it generally takes four to six months.
'Ordinary residence' refers to regular and habitual residence. Short absences, for instance, business trips or vacations, are generally disregarded when considering whether an individual is ordinarily resident.
Generally, you can't lose Permanent Resident status unless you are absent from Hong Kong for a continuous period of not less than 36 months since acquiring this status.
A lawyer can provide advice on how best to approach the application, help with the correct completion of all forms and collation of necessary documents, and represent you in case of any disputes.
If your children were born in Hong Kong, they are considered Permanent Residents. If they were born outside, they may apply for the status when they have ordinarily resided in Hong Kong for a continuous period of not less than seven years.
There are numerous organizations based in Hong Kong that can provide assistance or resources. Some of these include The Immigration Department, The Legal Aid Department and The Hong Kong Lawyer Association. You can find resources covering a wide array of immigration topics online as well.
If you need legal assistance on Permanent Residency application or disputes in Hong Kong, it's advisable to seek help from a lawyer experienced in immigration law. Remember to bring all relevant documents and be prepared to discuss all details about your situation, to help your lawyer provide the best possible advice and assistance.
