immd.gov.hk Apply for Right of Abode in Hong Kong : Immigration Department

Organization : Immigration Department
Facility : Apply for Right of Abode in Hong Kong
Location : Hong Kong
Country : China
Website : http://www.immd.gov.hk/eng/services/right-of-abode-in-hksar/apply.html#coe

IMMD Apply for Right of Abode in Hong Kong

The Immigration Ordinance stipulates who can enjoy the right of abode in the Hong Kong Special Administrative Region (HKSAR).

Related : Immigration Department Apply for HKSAR Passport Hong Kong : www.statusin.org/25002.html

This page provides general information on the meanings of right of abode and related terms, what constitutes proof of the right of abode, who is eligible, why a person needs to verify his/her eligibility for a permanent identity card, why a person might need to obtain a Certificate of Entitlement, and where to go for further information.

Who is Eligible

A person is eligible for right of abode in the HKSAR if he/she :
** belongs to the six categories as stipulated under Paragraph 2 of Schedule 1 to the Immigration Ordinance; or
** fulfills the transitional requirements under Paragraph 6 of Schedule 1 to the Immigration Ordinance.

Verification of Eligibility for a Permanent Identity Card

Before registering for the issue of a permanent identity card, an applicant will need to show that he/she is eligible to do so under the Registration of Persons Ordinance, Cap 177, and the Registration of Persons Regulations, Cap 177A.

Hence, the applicant should apply for verification of his/her eligibility for a permanent identity card. He/She must be staying in Hong Kong legally when submitting this application.

Under the law, where a person claims that he/she has the right of abode in the HKSAR, the burden of proving the claim shall lie on that person.

A person should not submit the application to verify his/her eligibility if he/she is qualified to apply for a Certificate of Entitlement under section 2AB of the Immigration Ordinance (Cap 115), has not been issued with such a Certificate, and is currently residing in Mainland China.

If the person was born outside Hong Kong to a HKSAR permanent resident, is ordinarily residing in Mainland China, and claims to be a permanent resident of the HKSAR under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, he/she should establish his/her claim to the right of abode in the HKSAR with a valid Certificate of Entitlement affixed to a valid ‘Permit for Proceeding to Hong Kong and Macao’ (commonly known as ‘One-way Permit’).

Points to Note

** Children under the age of 11 with their Hong Kong permanent resident status established as indicated in their Hong Kong birth certificates normally need not apply for verification of eligibility for a permanent identity card. They can apply for a permanent identity card directly when they reach the age of 11.

** Such children, if holding a valid foreign travel document, may apply for an endorsement to be made in their travel document stating their eligibility for a permanent identity card verified for travel convenience.

Such applications can be made by submitting an application for verification of eligibility for a permanent identity card by their parents or guardians.