Hong Kong and Macau - HK residential status for someone born overseas

Hi there,

I went through the previous threads that talked about residential status and 3 stars issue, but my case is a bit different.

I was born in Canada, lived in HK for 16 years, then came back to Canada to continue my education. I haven't go back to Hong Kong for 2 and a half years, my mum told me that I need to go back to Hong Kong or else I would lose my permanent residential status. Someone in other forums has mentioned that a 3 stars HKID would be "downgraded" if that person has not go back to HK for 3+ years.

Can someone please clarify that?

much appreciated

The rules & regulations can be complicated & confusing, without all the facts & details presented in your post, but your question fall under HKID's FAQ for the Right of Abode -
http://www.gov.hk/en/residents/immigration/idcard/roa/geninfor.htm

The website's info should be useful to help narrow down what your next steps should be .... You can call (Skype) them during business hours next week and/or email them with your questions.

Under certain situations, it's possible to get assistance and/or apply for the new HKID smart card at the nearest local Chinese consulate/embassy.

Assuming that you're non-Chinese national (born when parents were permanent residents of Canada):

http://www.gov.hk/en/residents/immigration/idcard/roa/faqroa.htm#/q4

Permanent Resident Category (Non-Chinese Nationals): (1) 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 or her place of permanent residence before or after the establishment of the HKSAR.

Circumstances under which Residency Status will be Lost: If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

Permanent Resident Category (Non-Chinese Nationals): (5) A person who is not of Chinese nationality and who was a permanent resident of Hong Kong before 1 July 1997.

Circumstances under which Residency Status will be Lost: If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

Right to land:

If you lose your right of abode in the HKSAR you will automatically acquire the right to land in the HKSAR in accordance with the law. This means that you will be able to enter Hong Kong freely to live, study or work without any restriction.

You may ascertain whether you have lost the status of a permanent resident of the HKSAR by applying for verification of eligibility for a permanent identity card with the Right of Abode Section of the Immigration Department for assessment of whether you have lost the permanent resident status and have the right to land in the HKSAR.