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Will a declaration of change of nationality affect your right of abode in the HKSAR?

You will continue to enjoy ROA in the HKSAR after your declaration of change of nationality has been approved, provided:-

  1. you had the ROA in Hong Kong before 1 July 1997, AND
    1. you are settled or have returned to settle in Hong Kong before 1 July 1997; or
    2. you return to settle in Hong Kong within 18 months from 1 July 1997; or
    3. on the date you return to settle in Hong Kong, you have not immediately before that date been absent from Hong Kong for a continuous period of more than 36 months.

    OR

  2. you are able to meet the criteria applicable to a non-Chinese citizen, namely:-
    1. you have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as your place of permanent residence before or after the establishment of the HKSAR; or
    2. you are under 21 years of age and born in Hong Kong before or after the establishment of the HKSAR provided that at the time of your birth or any time thereafter before you attain the age of 21, one of your parents has the ROA in Hong Kong under Article 24(2)(4) of the Basic Law (you have to re-qualify for the ROA as other foreign nationals do when you reach the age of 21); or
    3. immediately before the establishment of the HKSAR, you had the ROA in Hong Kong only.

If you are unable to fulfill any of the above requirements, you will not continue to enjoy the ROA in the HKSAR after the approval of your declaration of change of nationality. But if you lose your ROA, you will automatically acquire the right to land enabling you to enter the HKSAR freely and to work, study or live in the HKSAR without any restriction. You will also be able to re-acquire the ROA when you are able to satisfy the requirements in paragraph (b)(i) above.


Meaning of related terms

  1. Settled in Hong Kong

    A person is settled in Hong Kong if:

    • he is ordinarily resident in Hong Kong; and
    • he is not subject to any restriction on the period of stay in Hong Kong.
  2. Ordinary residence

    A person is ordinarily resident in Hong Kong if:

    • he remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, business, employment or residence etc.), whether of short or long duration.
  3. Parent and Child

    The relationship of mother and child shall be taken to exist between a woman and any child born to her in or out of wedlock; but the relationship of father and child shall be taken to exist only between a man and a child born to him in wedlock (any child born out of wedlock and subsequently legitimized by the marriage of the child's parents shall be treated as if born in wedlock). In the case of adoption, the relationship of parent and child is taken to exist only if the child is adopted in Hong Kong in accordance with the Adoption Ordinance (Cap. 290).
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