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This article deals with the question of whether time spent in prison in Hong Kong will break the continuity of ordinary residence for the purposes of a Right of Abode application after 7 years.

First Published on April 10, 2016

QUESTION

I am interested to know if there is anything I could do to strengthen the case of my application for the right of abode (permanent residency) and I am also unsure if having an application rejected could be to my detriment in any way.

Just to restate my background:

• I have been resident in Hong Kong under a working visa since September 2008.

• I resigned from my previous role in October 2014; my employment visa was valid until September 2015.

• I served a 2 months custodial sentence between November & December 2014.

• Since then I have been granted a 3 year working visa as of Q1 2015 for my current role.

I believe my 7 year anniversary has already accrued as of September 2015.

What do you think are my chances of successfully applying for right of abode are at this time, especially given that I was in prison for 2 months in the last 7 years.

ANSWER

Your time of imprisonment amounted to a complete break in your ordinary residence I’m afraid.

Please see the enclosed reply to LEGCO by the Security of Security in May 2005 speaking to this very question.

To this end, I’m afraid your 7 year continuity of ordinary residence only re-commenced when you secured your employment visa subsequent to the completion of your period of incarceration.

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