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Home > Public Services > Right of Abode in HKSAR - Verification of Eligibility for Permanent Identity Card Public Services
Right of Abode in HKSAR - Verification of Eligibility for Permanent Identity Card
Under the law, where a person claims that he has the right of abode (ROA) in Hong Kong by virtue of being a permanent resident of the Hong Kong Special Administrative Region (HKSAR), the burden of proving that claim shall lie on that person. As far as evidence is concerned, the law also provides that a valid permanent identity card shall be evidence that the person to whom the card relates enjoys the ROA in Hong Kong.
Before you proceed to register for the issue of a permanent identity card, you will need to show that you are eligible for registration under the Registration of Persons (ROP) Ordinance and Regulations. Excluded persons under Regulation 25A of the Registration of Persons Regulations are not eligible to be registered for the issue of a permanent identity card. For this purpose, an administrative arrangement has been made for you to apply for verification of your eligibility for permanent identity card. You must be staying in Hong Kong legally when you submit this application.
Excluded persons under the ROP Regulations include all persons who are qualified to apply for a Certificate of Entitlement under section 2AB of the Immigration Ordinance, have not been issued with such a Certificate of Entitlement, and are residing for the time being in the Mainland of China. If you were born outside Hong Kong to HKSAR permanent residents, are ordinarily residing in the Mainland of China, and that your claim to be a permanent resident of the HKSAR is under paragraph 2(c) of Schedule 1 to the Immigration Ordinance, you should not make this application. Your claim that you have the ROA in Hong Kong may only be established by your holding of a valid Certificate of Entitlement issued under section 2AB of the Immigration Ordinance which is affixed to a valid One-way Chinese Exit Permit. For details on how to apply for a Certificate of Entitlement, please refer to the 'Guidance Notes for application for Certificate of Entitlement to the ROA in the HKSAR' (ID881A).
For non-excluded persons whose eligibility for permanent identity card has been verified, their condition of stay in Hong Kong, if any, will be cancelled. In addition, those aged 11 or over will be given an appointment to attend the Registration of Persons Office to apply for the Hong Kong permanent identity card. For applicants aged under 11 holding valid travel documents, they may apply for an endorsement to be made in their valid travel documents stating their eligibility for a permanent identity card verified. A permanent identity card will be issued upon application when they reach the age of 11.
Points to note
- Children under the age of 11 with their Hong Kong permanent resident status established as indicated in their Hong Kong birth certificates normally need not apply for verification of eligibility for permanent identity card. They may apply for permanent identity card directly when they reach the age of 11. Such children if holding valid foreign travel documents may apply for an endorsement to be made in their travel documents stating their eligibility for a permanent identity card verified for travel convenience. Such application can be made by way of submitting an application for verification of eligibility for permanent identity card by their guardians. Holders of British National (Overseas) passport need not apply as they contain an endorsement stating that the holder has Hong Kong permanent identity card No. XYZ which states that the holder has the right of abode in Hong Kong.
- If you are subject to a limit of stay in the HKSAR, you should apply for an extension of stay at the relevant Immigration Office before the expiry of your current limit of stay if your application for verification of eligibility for permanent identity card is not yet finalized.
- If you are required to be registered for a Hong Kong identity card under Registration of Persons Regulations (e.g. new arrivals, persons who have attained 11 or 18 years of age), you should report to a registration officer at the relevant Registration of Persons Office notwithstanding that you have made an application for verification of eligibility for permanent identity card.
- Under the immigration policy on entry of dependants for residence in Hong Kong, persons who have been admitted into Hong Kong to take up employment or full-time studies in undergraduate or post-graduate programmes in local degree-awarding institutions, or as entrants under the Admission Scheme for Mainland Talents and Professionals, the Capital Investment Entrant Scheme or the Quality Migrant Admission Scheme, their Mainland spouses and Mainland unmarried dependent children under the age of 18 may apply for entry for residence in Hong Kong as dependants of their sponsors.
The Mainland spouses and Mainland unmarried dependent children under the age of 18 of Hong Kong permanent residents who wish to enter Hong Kong for settlement may apply to the relevant Public Security Bureau offices for a One-way Permit (OWP). The administration of the OWP Scheme, including the queuing, allocation and the granting of the permit, is the responsibility of the relevant Mainland authorities.
- You are advised to note the statement of purpose relating to the collection of personal data.
Further information may be obtained from :
Information and Liaison Section, 2/F, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong.
Enquiry Hotline : (852) 2824 6111
Faxline : (852) 2877 7711
E-mail : enquiry@immd.gov.hk
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