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Topical Issues

Changes in Immigration Control on British Citizens

Amendments to the Immigration Ordinance

1. The previous visa policies and provisions in the Immigration Ordinance relating to the right to land, deportation and removal of British citizens reflected the special relationship between Hong Kong and the United Kingdom. The change of sovereignty on 1 July 1997 has changed this relationship.
   
   
2. To tie in with the change in immigration policies relating to British citizens, a Bill to amend the Immigration Ordinance was introduced and passed in the Legislative Council on 23 June 1997. The legislation took effect on 30 June 1997.

Previous Immigration Policy and Law

3. Before 1 April 1997, British citizens did not require a visa to enter Hong Kong as visitors or for employment, investment, study or otherwise to settle here. They were allowed to land and remain in Hong Kong for 12 months without being subject to any other condition of stay. Those who wished to continue their residence in Hong Kong could apply for extension of stay within the four weeks prior to the expiry of their limit of stay. Extensions of stay are normally granted in accordance with a 2-2-3 year pattern, i.e. first extension of 2 years, followed by a second extension of 2 years and a final extension of 3 years.

   Immigration status of 'Resident British citizens'

4. British citizens who had been ordinarily resident in Hong Kong for a continuous period of not less than seven years acquired the 'resident British citizen' status.
   
   
5. They had the right to land in Hong Kong and were not removable. They could only be deported in certain limited circumstances.

   Removal and deportation of other British citizens

6. British citizens who did not have the right to land in Hong Kong were deportable and might in certain circumstances also be removed from Hong Kong.

New Immigration Policy and Law

7. With effect from 1 April 1997, British citizens may visit Hong Kong visa-free for a stay up to 180 days. But, if they want to take up employment, establish or join in a business, study or settle in Hong Kong, they will have to obtain an appropriate visa before arrival. A successful applicant will normally be permitted to remain in Hong Kong with a specific condition of stay, e.g. employment, for 1 year initially.
   
   
8. The effect of the change is that British citizens will have to satisfy the same immigration policy on entry as other foreign nationals do. So that, for example, British citizens seeking to take up employment in Hong Kong will have to satisfy the Director of Immigration that, among other things, they possess special skills, experience or knowledge of value to and not readily available in Hong Kong, or that they can make a substantial contribution to the economy of Hong Kong. Those who wish to settle in Hong Kong, otherwise than for employment, business or study, will have to satisfy the Director of Immigration that they are coming for family reunion, e.g. to join their immediate family members such as their spouse, parents or children who are willing and able to support them without recourse to public funds.
   
   
9. Visa applications may be made by post directly to Immigration Department, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong by the applicants themselves or through their sponsors in Hong Kong.
   
   
10. Extensions of stay will be considered in accordance with the same immigration policy applicable to other foreign nationals then prevailing. They may be allowed to extend their stay provided that, among other things, they fulfil the relevant entry requirements. The extension of stay pattern is normally 2-2-3 years. Upon completion of seven years residence, they may apply for unconditional stay.

British citizens who have taken up residence in Hong Kong prior to 1 April 1997 but who have not yet acquired 'resident British citizen' status

11. They may continue to work or live in Hong Kong until their current limit of stay expires. If they then wish to continue their stay in Hong Kong, they will have to apply for an extension of stay within the four weeks prior to the expiry of their limit of stay. Their applications will be considered in accordance with the same immigration policy applicable to other foreign nationals then prevailing.
    
    
12. Applications may be made in person or by a representative to the Extension Section, Immigration Department, 5/F, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong.

    The Immigration (Amendment) Bill 1997

    'Resident British citizens'

13. As part of the process of bringing immigration rights and policies of British citizens in line with those applying to other foreign nationals, the status of 'resident British citizen' has been repealed. 'Resident British citizens' will lose their right to land in Hong Kong. They will then be able to be deported and removed in accordance with the provisions of the Immigration Ordinance applicable to other foreign nationals.
    
    
14. Those who were in Hong Kong on 30 June 1997 have automatically been given permission to remain in Hong Kong without any condition of stay. They need not approach the Immigration Department for any formalities. As with other foreign nationals, their permission to remain in Hong Kong will lapse upon their departure from Hong Kong. They will, however, be able to resume residence in Hong Kong without a visa if the period of absence is less than 12 months.
    
    
15. Those who were not in Hong Kong on that date will be granted unconditional entry if they return to Hong Kong within 12 months from 30 June 1997, failing which their re-entry will be considered in accordance with the new immigration policy applicable to British citizens.

Changes Affecting 'Resident British Citizens'

 

16.	Travelling	They will have to produce their passports for endorsement at immigration control points.
	Re-entry visa	No visa will be needed to resume residence if the period of absence is less than 12 months.
	Deportation and removal	The same as for persons who do not have the right of abode in Hong Kong.
	'R' code identity cards	No need to replace their 'R' code identity cards. However, when they replace their identity cards (e.g. due to loss, damage, change of particulars or the acquisition of right of abode in accordance with the relevant provisions in the Basic Law (paragraph 17)), an identity card bearing a code indicating their then current immigration status will be issued.

Right of Abode

17. After the transfer of sovereignty on 1 July 1997, the Basic Law has come into effect. Like all other persons not of Chinese nationality, British citizens will be able to acquire the right of abode in the Hong Kong Special Administrative Region if they fulfil the requirements of Article 24(2)(4) of the Basic Law and will then be eligible for a Hong Kong permanent identity card.
    
    
18. Article 24(2)(4) of the Basic Law provides that persons not of Chinese nationality who 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 their permanent place of residence may become permanent residents of the Hong Kong Special Administrative Region.