I thought they were simply downgrading me to “land rights”? In a previous scenario, I wasn`t in Hong Kong from 2012 to 2016, but it worked anyway. I don`t know if it`s always the same hello. Great site. How do I know if I still have the right to stay or if I am demoted to land law? There is discretion within 36 months. I try to come back every three years, but it will be a variation of a month or two on the 36. hongkongvisageeza.com/how-does-hong-kong-right-of-abode-downgrade-to-the-right-to-land-materialize-and-what-are-the-immigration-implications-of-this/ The transfer was a very difficult time, with Hong Kong, China and Britain trying to juggle a myriad of confusing rights for former residents, and then for current residents, residents who went to seek another nationality, for those born in Hong Kong, for those born in Hong Kong, for those born outside Hong Kong, for those born in Hong Kong. Very complex, chaotic and emotionally charged. The situation you cite is the result of this period and these challenges. The underlying raison d`être is not racism. Suggest reading Hansard to learn about the nature and scope of the debate. Acquisition by birth is made on the basis of modified jus soli; Chinese nationals born in Hong Kong are automatically permanent residents, while foreign nationals must have at least one parent who has residency rights. [20] Children born outside Hong Kong acquire a right of residence if they are also Chinese nationals at birth. Chinese citizenship is generally conferred by descent on children born abroad, unless the parents have obtained permanent residence in another country or foreign citizenship.
[21] Although Chinese nationals born in mainland China and with permanent residents in Hong Kong have a right of residence, they must first be approved by mainland authorities for disposable permits before they can apply for permanent residence. [22] Macau residents also do not automatically have the right to enter Hong Kong. [23] The right of residence in Hong Kong allows a person to live and work in the territory without restrictions or residency requirements. Someone who has this right is a permanent resident of Hong Kong. Foreign nationals can acquire the right of residence after fulfilling a seven-year residency requirement and receive most of the rights normally associated with citizenship, including the right to vote in regional elections. However, they are not eligible to hold a territorial passport or run for election in most Legislative Council constituencies unless they are also naturalized Chinese citizens. I was born in Hong Kong before the handover, but I am a British citizen. My father (also a British citizen) was also born in Hong Kong and, as far as I know, we both had the right to stay indefinitely. However, I read that we may have lost that status now? Could you please help me and confirm if this is the case (none of us have returned in the last 3 years)? The border between Hong Kong and mainland China has not been settled more than 100 years after the colony was founded. [8] Border controls did not exist until 1950, after the victory of the Communists in the Chinese Civil War.
[9] Although the border is monitored, the Hong Kong government has been relatively lax in deporting illegal immigrants due to a shortage of unskilled labor in the territory, so many of them have registered as residents. [10] Nevertheless, colonial authorities had almost unlimited deportation powers over Chinese migrants until 1971, when those who had been in the area for more than seven years were granted land rights. This exempted them from immigration control, although they could still be deported for serious crimes. [11] Immigration was restricted in 1974 at the beginning of the tactile base policy. Under this system, illegal immigrants apprehended by law enforcement were immediately deported, but those who managed to reach Hong Kong`s urban areas and find refuge were granted legal status. This policy ended in 1980, after which all free migration was stopped. Hong Kong was a British colony from 1842 until its surrender to China in 1997.[10] [1] As a result, local residency regulations during colonial rule were closely linked to British citizenship law. [2] All British subjects previously had unlimited access to live and work in any British territory. [3] Parliament progressively restricted this provision from 1962 to 1971, when the first immigration controls were imposed on persons from outside the British Isles when they entered the United Kingdom. [4] Hong Kong followed suit and imposed greater restrictions on subjects from outside the territory.