【CityLinkers Business School】Clarifying the Rules of Residency in Hong Kong, Steadily Moving towards Permanent Residency
According to Article 24 of the Hong Kong Basic Law and the Immigration Ordinance, one of the core conditions for becoming a Hong Kong permanent resident is “ordinarily resident in Hong Kong for a continuous period of seven years or more.”
In his reply, Chris Tang clearly stated that if an applicant fails to meet the relevant statutory requirements, the Immigration Department has no discretion to establish permanent resident status for them.
This means that the success of an application depends on whether the applicant objectively meets the legally set conditions, rather than relying on special case handling. The key to compliance lies in pre-planning and continuous compliance, rather than seeking “extra leniency” afterward. According to data provided by the Immigration Department, from July 1, 2022 to February 28, 2026, a total of nearly 380,000 applications were processed to verify eligibility for permanent resident identity cards, of which approximately 280,000 were approved, resulting in an overall success rate of over 70%. This indicates that as long as the eligibility criteria are met, the chances of approval are very high.
4 Core Factors for Determining Ordinary Residence
According to section 2(6) of the Immigration Ordinance, in determining whether a person is no longer ordinarily residing in Hong Kong or is only temporarily absent from Hong Kong, the authorities will consider four core factors, including the reason, duration, and frequency of absence from Hong Kong; whether the person has a habitual address in Hong Kong; whether the person is employed by a Hong Kong-based company; and the location of the person’s principal family members (spouse and minor children).
This means that short-term absences from Hong Kong, if there are reasonable reasons (such as work needs or family matters), will not automatically interrupt the calculation of the seven-year residency period. As long as the individual’s overall ties with Hong Kong (such as work, residence, and family) remain stable and a reasonable explanation for the reason for absence can be provided, the application can still be successfully approved.
Differences in Talent Schemes Do Not Affect PR Eligibility
Currently, Hong Kong has several talent admission schemes, including Top Talent Pass Scheme, General Employment Policy, Admission Scheme for Mainland Talents and Professionals, Quality Migrant Admission Scheme, and Immigration Arrangements for Non-Local Graduates. The duration of stay, conditions, and extension requirements vary among these schemes.
The authorities clarified in their response that as long as individuals who come to Hong Kong through these schemes ultimately meet the requirement of “continuous ordinariness in Hong Kong for not less than seven years” and other statutory requirements, they can apply for verification of their permanent resident identity card eligibility according to established procedures.
In other words, applicants do not need to worry about the differences in their chosen scheme. The government stated that it will continue to monitor manpower needs and optimize the details of various talent admission schemes to better attract and retain talent.
For those in Hong Kong approaching their seven-year residency period, it is recommended to take a multi-pronged approach to steadily move towards permanent residency.
Keep tax returns, bank statements, rental agreements or utility bills, employment contracts, and Mandatory Provident Fund (MPF) contribution records safe to prove their habitual residence, work, and economic activities in Hong Kong when applying for permanent residency. For extended periods away from Hong Kong, it is advisable to retain relevant travel records and supporting documentation (such as employer assignment letters) to provide a reasonable explanation to the Immigration Department if necessary.
Obtaining Hong Kong permanent resident status requires understanding the rules, planning ahead, and steadily building connections with Hong Kong to achieve stable career growth and long-term family stability.
Paxson Fung, Partner, CityLinkers Group
For original article, please visit: https://www.edigest.hk/2001556
