After you arrive
Right of abode Hong Kong: permanent residence after 7 years
Seven years in Hong Kong does not make you a permanent resident by itself. You apply to ImmD on form ROP 145 to have your eligibility verified, from inside Hong Kong, with proof of seven continuous years of ordinary residence.
At a glance
- Residence needed
- 7 continuous years of ordinary residence
- Application form
- ROP 145, plus ROP 146 if not Chinese
- Where you must be
- In Hong Kong; overseas applications refused
- Fee
- Free: verification and first permanent ID card
- Non-Chinese long absence
- Status lost after 36 months, right to land kept
After seven years of living in Hong Kong you may be eligible for the right of abode, which makes you a Hong Kong permanent resident. It does not happen by itself. You apply to the Immigration Department (ImmD) to have your eligibility verified, you must be in Hong Kong when you apply, and your seven years must be continuous ordinary residence, not just time on the calendar. Some kinds of stay, such as work as a foreign domestic helper, do not count at all.
Who is eligible
Paragraph 2 of Schedule 1 to the Immigration Ordinance lists who is a permanent resident. ImmD’s eligibility page sets out the categories. The ones most people ask about are:
- a Chinese citizen born in Hong Kong, before or after the establishment of the HKSAR
- a Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years
- a person of Chinese nationality born outside Hong Kong to a parent who, at the time of the birth, was a Chinese citizen in one of the two categories above
- a person not of Chinese nationality who entered Hong Kong with a valid travel document, has ordinarily resided here for a continuous period of not less than seven years, and has taken Hong Kong as their place of permanent residence.
For the last category, ImmD says the seven years must be the period immediately before you apply to the Director of Immigration.
| Seven-year route | Chinese citizen | Not of Chinese nationality |
|---|---|---|
| Continuous ordinary residence | Not less than seven years | Not less than seven years, immediately before applying |
| Entered with a valid travel document | Not in this category’s wording | Required |
| Taken Hong Kong as place of permanent residence | Not in this category’s wording | Required, declared on form ROP 146 |
| Long absence later | Status not lost through long absences | Lost after 36 months’ continuous absence; right to land instead |
What counts as ordinary residence
ImmD’s terms page says you are ordinarily resident if you stay in Hong Kong legally, voluntarily and for a settled purpose, such as education, employment or residence, whether for a short or long time. A temporary absence does not change that.
Some time here does not count. You are not treated as ordinarily resident while:
- employed as a domestic helper from outside Hong Kong
- employed as a contract worker from outside Hong Kong under a government importation of labour scheme.
Whether you have stopped being ordinarily resident depends on your circumstances. ImmD lists the reason, length and frequency of any absences, whether you have a habitual residence in Hong Kong, whether you work for a Hong Kong based company, and where your principal family members (spouse and minor children) live. The factors ImmD lists do not include a fixed number of days, so judge your record against all of them.
How to apply, step by step
- Check your seven years. Count continuous ordinary residence, leaving out any time as a foreign domestic helper or imported contract worker. If you are not of Chinese nationality, the seven years must end on the day you apply.
- Be in Hong Kong. ImmD says applications from overseas will not be entertained.
- Complete form ROP 145, the Application for Verification of Eligibility for Permanent Identity Card.
- Add ROP 146 if you are not a Chinese citizen. On it you give information and declare that you have taken Hong Kong as your only place of permanent residence. It goes in with the application.
- Attach your evidence (see the next section).
- Submit by post or in person to ImmD’s Right of Abode Section. The apply page has the current details.
- Get your permanent identity card once your eligibility is verified. ImmD says verification and the first issue of a permanent identity card are free of charge.
Documents to prepare
For the seven-year route, ImmD asks non-Chinese applicants for:
- proof of seven years’ continuous ordinary residence, such as school documents, proof of employment, official receipts, bank statements or tax receipts
- a travel document showing your entry to Hong Kong and your current condition of stay
- the ROP 146 declaration.
Gather records for every year of the seven, not only the recent ones, so each part of the period is covered.
Losing permanent resident status
ImmD’s loss of status page explains that a permanent resident not of Chinese nationality loses the status after being absent for a continuous period of not less than 36 months since ceasing to be ordinarily resident here. That person automatically gets the right to land instead, and can still enter Hong Kong freely to live, study and work. ImmD says a permanent resident of Chinese nationality does not lose the status through long absences.
Common mistakes and getting help
- Counting years spent as a foreign domestic helper or imported contract worker.
- Assuming seven years on the calendar is enough, without checking long or frequent absences.
- Planning to apply from abroad.
- Letting your limit of stay run out while you wait to reach seven years. Until you are verified, you still need an extension of stay on your current status.
- Forgetting ROP 146 if you are not a Chinese citizen.
If you are building towards seven years on a talent, work or family visa, such as the Top Talent Pass Scheme or a dependant visa, keep your records as you go. Right of abode is a status under the Immigration Ordinance and ImmD decides it. A firm can help you assemble records, but there is no immigration consultant licence to check it against. If you want help with an unusual history, compare the visa firms on our list.
Questions people ask
Do I become a permanent resident automatically after seven years in Hong Kong?
No. You apply to the Director of Immigration on form ROP 145 to have your eligibility verified. If you are not of Chinese nationality, you also declare on form ROP 146 that you have taken Hong Kong as your only place of permanent residence. ImmD decides.
Does time as a foreign domestic helper count towards the seven years?
No. ImmD says a person is not treated as ordinarily resident in Hong Kong while employed as a domestic helper from outside Hong Kong, or as a contract worker under a government importation of labour scheme.
Can I apply for right of abode from outside Hong Kong?
No. ImmD says applicants must be in Hong Kong when they apply, and applications from overseas will not be entertained. You can submit by post or in person to the Right of Abode Section.
Will a long trip abroad break my seven years?
A temporary absence does not by itself end ordinary residence. ImmD looks at the reason, length and frequency of absences, whether you keep a habitual residence here, whether you work for a Hong Kong based company, and where your spouse and minor children live.
How much does it cost to apply?
Nothing. ImmD says applications for verification of eligibility for a permanent identity card, and the first issue of a permanent identity card, are free of charge.
Can I lose permanent resident status?
A permanent resident not of Chinese nationality loses the status after a continuous absence of at least 36 months since ceasing to be ordinarily resident here, but automatically gets the right to land. ImmD says a permanent resident of Chinese nationality does not lose the status through long absences.