According to paragraph 2(a) to (f) of Schedule 1 to the Immigration Ordinance which has come into operation on 1 July 1997, a person who is within one of the following categories is a permanent resident of the HKSAR and enjoys the right of abode in the HKSAR :

Under the law, a valid permanent identity card (PIC) shall be evidence that the person to whom the card relates enjoys the right of abode (ROA) in Hong Kong.

Before you proceed to register for the issue of a PIC, you will need to show that you are eligible for registration under the Registration of Persons Ordinance and Regulations. For this purpose, an administrative arrangement has been made for you to apply for verification of your eligibility for PIC. Under the normal circumstance, you should submit the application form ROP145 with copies of supporting documents BY POST to the Right of Abode Section of the Immigration Department (Address: 25/F Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong). You MUST BE in Hong Kong at the time of application. Applications from overseas will NOT be entertained. Normally it will take SIX WEEKS to process such application. But it may take a longer time depending on the complexity and the number of applications received in a particular time.

For eligible persons aged under 11 holding valid travel documents, an endorsement may be made in their travel documents stating their eligibility for a permanent identity card (PIC) verified.

Such application can be made through their father/mother/guardian by way of submitting a completed application form "Application for Verification of Eligibility for Permanent Identity Card" (ROP145). The completed ROP145 together with copies of supporting documents should be sent BY POST to the Right of Abode Section of the Immigration Department (Address : 25/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong). After verification of their eligibility for permanent identity card, their previous condition of stay as visitors in their foreign passport, if any, will be cancelled. Then, they may apply for an endorsement to be made in their foreign travel documents stating "Holder's eligibility for Hong Kong permanent identity card verified". The fee for making such an endorsement to a travel document is HK$165.

Your children are required to be PRESENT in Hong Kong at the time of application for verification of PIC as well as when such endorsement is given to them. A PIC will be issued upon application when they reach the age of 11 provided they have not lost their right of abode (ROA) in the HKSAR. Circumstances under which a permanent resident of the HKSAR will lose his permanent resident status (i.e. ROA) are listed on a notice (ROP 152).

A permanent resident of the Hong Kong Special Administrative Region (HKSAR) who is not of Chinese nationality will lose the status of a permanent resident under the following circumstances :

Right to land

A person who ceases to have the status of a permanent resident of the HKSAR will automatically acquire the right to land in Hong Kong in accordance with the law. He will be able to enter Hong Kong freely to live, study or work without any restriction. A person may ascertain whether he has lost the status of a permanent resident of the HKSAR by applying for verification of eligibility for permanent identity card with the Right of Abode Section of the Immigration Department for assessment of whether he has lost the permanent resident status and has the right to land in the HKSAR.

If you have left Hong Kong before your application is approved, a letter will be issued to you by post or to your local representative informing that your permanent resident status has been verified. You may approach any Registration of Persons office to register for an identity card with the approval letter upon your next return to Hong Kong.

If you have acquired the permanent resident status in Hong Kong under the provisions for non-Chinese citizens of Schedule 1 to the Immigration Ordinance, Cap 115, please note the circumstances under which a permanent resident of non-Chinese nationality may lose his HKSAR permanent resident status as listed at Q4 of the Frequently Asked Questions (FAQs).

One-way Permit entrants who have resided in Hong Kong for a continuous period of not less than 7 years may submit application for verification of eligibility for permanent identity card by completing application form (ROP 145) to establish their right of abode in the HKSAR.

They can send in the completed application form (ROP 145) together with photostat copies of supporting documents by post to the Right of Abode Section of the Immigration Department. Applicants should submit copies of their identity card, One-way Permit and Document of Identity and enclose proof of 7-year continuous ordinary residence in Hong Kong e.g. employment proof, income tax receipts, school documents and bank statements, etc.

On receipt of the applications, staff of the Right of Abode Section will contact the applicants to follow up with their applications. Application form (ROP145) can be downloaded from the following Internet Homepage Address of the Immigration Department: http://www.immd.gov.hk/ehtml/rop145.htm or obtain through Immigration Offices in various districts.

Applications for verification of eligibility for PIC and the first issue of permanent identity card are free of charge.

One-Way Permit entrants who have resided ordinarily in Hong Kong for a continuous period of not less than 7 years may submit application to verify their eligibility for permanent resident status in the HKSAR.

A person does not cease to be ordinarily resident in Hong Kong if he is temporarily absent from Hong Kong. The circumstances of the person and the absence are relevant in determining whether a person has ceased to be ordinarily resident in Hong Kong. The circumstances may include the reason, duration and frequency of any absence from Hong Kong; whether the person has habitual residence in Hong Kong; employment by a Hong Kong based company; and the whereabouts of the principal family members (spouse and minor children).

I was born in Hong Kong and emigrated overseas in 1980's. I am now holding a foreign passport.Am I still a Chinese citizen? Can I enjoy the right of abode in the HKSAR?

If you were a Chinese citizen born in Hong Kong before the establishment of the HKSAR, you will still be regarded as a Chinese citizen unless you have made a declaration of change of nationality to the HKSAR Immigration Department. You are eligible for Hong Kong permanent resident status under paragraph 2(a) of Schedule 1 to the Immigration Ordinance, Cap 115. You will not lose your Hong Kong permanent resident status even if you have been absent from Hong Kong for long periods.

If these old type identity card holders were Chinese citizens born in Hong Kong or had ordinarily resided in Hong Kong for a continuous period of not less than 7 years, they may be eligible for Hong Kong permanent resident status under paragraph 2(a) or 2(b) of Schedule 1 to the Immigration Ordinance, Cap 115.

They can submit application for verification of eligibility for permanent identity card together with photostat copies of supporting documents to the Right of Abode Section of the Immigration Department upon their next return to Hong Kong. When their eligibility for permanent identity card is verified, they will be arranged to register for a permanent identity card at Registration of Persons office.

If they consider themselves qualify for permanent resident status under other provisions of Schedule 1 to the Immigration Ordinance, Cap 115, they may submit application to the Right of Abode Section of the Immigration Department to verify their status upon their next return to Hong Kong.

If the child has acquired US nationality at birth and his parents of Chinese nationality have settled in the USA at time of his birth, no matter whether or not his parents have acquired US nationality through naturalization, the child shall not have Chinese nationality in accordance with Article 5 of the Nationality Law of the People's Republic of China. As the child is not a Chinese citizen, he is not eligible for the Hong Kong permanent resident status by virtue of his parents who are Chinese citizens with right of abode in Hong Kong.

Supplementary Information

Under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, Cap 115, a person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, is a permanent resident of the HKSAR and enjoy the ROA in Hong Kong.

If this US resident is a Chinese citizen born in Hong Kong or has resided ordinarily in Hong Kong for a continuous period of not less than 7 years, his child's eligibility for the ROA in Hong Kong depends on whether this child has Chinese nationality.

Article 5 of Chinese Nationality Law: Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

Under normal circumstances, having permanent resident status (that is, having resided abroad ordinarily and not subject to any restriction on stay) shall be treated as settled abroad.

Under paragraph 2(d) of Schedule 1 to the Immigration Ordinance, Cap 115, a person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his place of permanent residence is a permanent resident of the HKSAR.

You must be staying in Hong Kong legally when you submit the application for verification of eligibility for permanent identity card. For the purposes of calculating the continuous period of 7 years in which a person has resided ordinarily in Hong Kong, the period is reckoned to include a continuous period of 7 years immediately before the date when the person applies to the Director for the status of a permanent resident of the HKSAR.

When you submit the application, you are required to provide information and make a declaration that you have taken Hong Kong as your only place of permanent residence. The information may include whether you have habitual residence in Hong Kong; whether the principal members of your family (spouse and minor children) are in Hong Kong; whether you have a reasonable means of income to support yourself and your family; and whether you have paid taxes in accordance with the law.

Hong Kong residents of Chinese nationality but holding foreign passports may make a declaration of change of nationality to the Immigration Department with valid supporting documents. When their change of nationality has been approved, they will not be regarded as Chinese citizens and they can enjoy consular protection in the HKSAR from the country of their declared nationality.

Likewise, when your declaration of change of nationality has been approved, you will not be regarded as a Chinese citizen. Although you were born in Hong Kong and a Hong Kong permanent resident before 1 July 1997, as you are not of Chinese nationality after approval of your change of nationality and you have not returned to settle in Hong Kong in accordance with the transitional provisions under paragraph 6 of Schedule 1 to the Immigration Ordinance and you have been absent from Hong Kong for a period of not less than 36 months when you return to settle in Hong Kong, you will lose the status of a permanent resident and cannot enjoy the right of abode in the HKSAR.

Even you have no right of abode in the HKSAR, you can enjoy the right to land in Hong Kong. You will still be able to enter Hong Kong freely to live, study and work, without any restriction. Later on, if you can fulfil the provisions for non-Chinese nationals (entered Hong Kong with a valid travel document, have ordinarily resided in Hong Kong for a continuous period of not less than 7 years and have taken Hong Kong as your place of permanent residence), you may become a permanent resident of the HKSAR and enjoy the right of abode in Hong Kong again.