What Is a Hong Kong Permanent Resident?
A Hong Kong Permanent Resident (HKPR) is an individual who holds the right of abode in Hong Kong.
Under Immigration Ordinance (Cap. 115) s.2(1), a person with the right of abode is entitled to:
- Enter Hong Kong freely and unconditionally
- Reside without restriction
- Be protected from removal or deportation
Permanent residency is the highest form of immigration status in Hong Kong.
Who Qualifies as a Hong Kong Permanent Resident? (Verified)
(1) Seven Years of Ordinary Residence (Most Common Route)
Under Cap. 115, Schedule 1, para. 2(a):
- Individuals who have been ordinarily resident in Hong Kong for a continuous period of not less than 7 yearsmay qualify for permanent residency.
- “Ordinary residence” means Hong Kong is the person's principal and habitual home.
- Temporary absences (holidays, business travel, medical treatment, study abroad) do not interrupt the 7-year period.
Hong Kong case law confirms this interpretation (verified):
- Director of Immigration v. Kwok Chi Hung [1994]
Absence does not break ordinary residence unless there is clear intention to abandon Hong Kong as the principal home.
(2) Legally Excluded Categories (Verified)
Under Cap. 115 s.2(4), certain persons cannot acquire permanent residence even after 7 years:
- Foreign domestic helpers
- Officers of Mainland organisations stationed in Hong Kong
- Consular or diplomatic personnel
(3) Chinese Nationals Acquiring PR by Descent (No 7-Year Rule Required)
Under Cap.115, Schedule 1, para. 2(b):
- A Chinese national born outside Hong Kong to a Hong Kong permanent resident parent may obtain the right of abode by applying for a Certificate of Entitlement, without needing seven years of residence.
Verified with Immigration Department guidelines.
What Is a Non-Permanent Resident?
A Non-Permanent Resident (NPR) is a person permitted to stay in Hong Kong on a time-limited basis, including:
- Employment visa
- Investment or Entrepreneur visa
- Top Talent Pass Scheme (TTPS)
- Quality Migrant Admission Scheme (QMAS)
- Student visa
- Dependant visa
NPRs do not have the right of abode and must comply with visa conditions. Renewals are subject to the discretion of the Director of Immigration.
⚠ Important Legal Note (Verified)
- Chinese permanent residents never lose their PR status, even after long absences (Basic Law Art. 24).
- Non-Chinese permanent residents must visit Hong Kong at least once every 36 months, or PR status will be revoked.
Can You Bring Your Family to Hong Kong? (PR vs NPR)
All information in this section has been checked against Cap.115 s.11 and Immigration Department policy.
A. If You Are a Permanent Resident
Eligible dependants include:
- Spouse
- Unmarried children under 18
- Dependent parents (generally 60+)
(1) Mainland Family Members – One-Way Permit Scheme
Mainland relatives must apply for:
- One-Way Permit (approved solely by Mainland authorities)
Legal basis:
Basic Law Art. 22(4) — Mainland authorities control approval for Mainland residents settling in Hong Kong.
(2) Chinese Children Born in Mainland China
They may apply for:
- Certificate of Entitlement to confirm their right of abode under Schedule 1, para. 2(b).
(3) Non-Chinese Family Members
Eligible to apply for a:
- Dependant visa under Cap.115 s.11, subject to financial support and accommodation requirements.
B. If You Are a Non-Permanent Resident
You may sponsor:
- Spouse
- Unmarried children under 18
Requirements (verified):
- Adequate financial resources
- Suitable accommodation
- Genuine family relationship
Once approved:
- Dependant may work in Hong Kong (except student dependants).
Major Benefits of Becoming a Permanent Resident
- Freedom to live and work without restrictions
- No visa renewals
- Eligibility for public housing, healthcare, and welfare (subject to departmental policies)
- Right to vote and participate in public affairs
- HKSAR passport eligibility for Chinese nationals
- Easier and broader family reunion options
- Long-term stability with Hong Kong as your principal home
How to Apply for Permanent Residency (Verified Process)
(1) Track Your 7-Year Ordinary Residence
Keep records such as:
- Tax returns (IRD)
- MPF contribution records
- Tenancy agreements / rates bills
- Employment contracts
- Utility bills
- Medical records explaining long absences
(2) Submit Application to Immigration Department
Apply using:
- Form ROP145 – Application for Verification of Eligibility for a Permanent Identity Card
Once approved, you may apply for the Permanent Identity Card.
How Hong Kong Courts Interpret “Ordinary Residence” (Case Law Verified)
Director of Immigration v. Kwok Chi Hung [1994]
Ordinary residence is not broken by absence unless the individual abandons Hong Kong as their principal home.
Ng Ka Ling v. Director of Immigration [1999]
The Court of Final Appeal confirmed that the rights of permanent residents are protected under Basic Law Article 24.
Special Notes: Mainland Migrants vs Overseas Migrants
Mainland Migrants (Family Reunion)
Mainland authorities manage:
- One-Way Permits
- Exit approvals for Mainland-born children
Overseas Migrants (Non-Chinese)
Individuals holding passports such as:
- BN(O), US, Canada, Australia, EU
must satisfy the 7-year ordinary residence requirement to obtain Hong Kong PR status.
Conclusion
For anyone planning to migrate to Hong Kong, understanding the distinction between Permanent Resident and Non-Permanent Resident status is essential.
Permanent residency offers:
- Long-term stability
- Freedom of employment
- Broader social benefits
- Smoother family reunion pathways
While non-permanent residents can still enjoy life and work in Hong Kong, the advantages of PR status make it the preferred long-term goal for most migrants.
If you require tailored legal guidance, Ask.Legal can connect you with qualified Hong Kong lawyers.
Disclaimer
Disclaimer: The above analysis is for reference only and does not constitute legal advice. If professional advice is needed, we can help match you with qualified Hong Kong lawyers based on your query. You can request a lawyer referral at https://ask.legal/contact-us
