So, Just What Is The Deal With The Right To Land In Hong Kong Anyway?
Posted in Long Stay & PR, The Hong Kong Visa Geeza, Your Question Answered /
The right to land in Hong Kong impacts quite a number of people here but does not figure much in the general immigration scheme as it is not a status that you can apply for per se, nor is it an immigration status that you can acquire by descent.
The right to land in Hong Kong is available in certain situations which I discuss in the context of this question which popped into my Inbox first thing this morning (and I have assumed the questioner’s parents are Chinese citizens for the purpose of this question).
QUESTION
“Hi, I was born in Netherlands in 1974, but my parents are from Hong Kong. Will I still be able to apply for the right to land? “
ANSWER
In this discussion, we are focusing on the Right of Abode in Hong Kong rather than just land rights or immigration status. Since 1997, the concept of permanent residency has become important for individuals seeking to secure their Right of Abode in Hong Kong. A Hong Kong permanent resident, who possesses the Right of Abode, enjoys several benefits, including the right to land, freedom from any conditions of stay, protection against deportation, and the assurance of not being removed from Hong Kong. However, it is important to note that if a foreign national loses their Right of Abode, they can still obtain the right to land, provided they initially possessed it. The right to land continues to be relevant for certain British nationals who were resident in Hong Kong before 1997. Over time, most individuals who have lived continuously in Hong Kong for seven years since then have successfully obtained their Right of Abode. It’s significant to understand that your immigration status is often influenced by your family background, specifically your parents’ Right of Abode status at the time of your birth. For those in similar circumstances, I recommend checking the last link on this page for a detailed discussion on how to anticipate the immigration department’s response when applying for the Right of Abode based on your specific situation.
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
