LCQ8: Application for Hong Kong permanent resident status
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Question:
Under the existing legislation, Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years, and 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 place of permanent residence, are eligible for the right of abode in Hong Kong. Such persons may apply to the Immigration Department (ImmD) for Hong Kong permanent resident status. A person is regarded as ordinarily resident in Hong Kong if he or she remains in Hong Kong legally, voluntarily and for a settled purpose. In this connection, will the Government inform this Council:
(1) since the incumbent Government assumed office, of (i) the number of applications for Hong Kong permanent resident status that were rejected due to failure to meet the requirement of having ordinarily resided in Hong Kong for a continuous period of not less than seven years, and (ii) the number of applications approved by the Director of Immigration exercising discretion, together with the respective percentages these figures represent of the total number of applications;
(2) given that the Government currently provides seven talent admission schemes for professionals intending to work and settle in Hong Kong (namely the Top Talent Pass Scheme, the General Employment Policy (for non-Mainland residents), the Admission Scheme for Mainland Talents and Professionals (for Mainland residents), the Quality Migrant Admission Scheme, the Technology Talent Admission Scheme, the Immigration Arrangements for Non-local Graduates, and the Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents), all of which have different patterns of limit of stay and requirements, whether the authorities have reviewed the impact of these patterns and requirements on applications for Hong Kong permanent resident status by such persons; if so, of the details; if not, the reasons for that; and
(3) whether, in order to further attract diverse talent from around the world to come to Hong Kong and remain here for long-term development, with a view to developing Hong Kong into an international hub for high-calibre talent, the Government will consider, with reference to the experience of other regions, undertaking a comprehensive review and refinement of the definition of and assessment criteria for "ordinary residence in Hong Kong", including allowing applicants a longer continuous period of absence from Hong Kong (e.g. more than 180 days) without having to provide an explanation to the ImmD, and granting ImmD officers greater discretion in handling such applications; if so, of the details; if not, the reasons for that?
Reply:
President,
In consultation with the Labour and Welfare Bureau and the Immigration Department (ImmD), my reply to the question of the Hon Michelle Tang is as follows:
Article 24 of the Basic Law and Paragraph 2 of Schedule 1 to the Immigration Ordinance (Cap. 115) stipulate that the following persons are Hong Kong permanent residents who have the right of abode in Hong Kong:
(a) a Chinese citizen born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;
(b) a Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region;
(c) a person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b);
(d) 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 seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region;
(e) a person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the Hong Kong Special Administrative Region in category (d) before or after the establishment of the Hong Kong Special Administrative Region if at the time of his birth or at any later time before he attains 21 years of age, one of his parents has the right of abode in Hong Kong;
(f) a person other than those residents in categories (a) to (e), who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only.
Any person claiming to be a Hong Kong permanent resident under paragraph (b) or (d) above may submit, in accordance with established procedures, application for verification of eligibility for permanent identity card to the ImmD, if he meets the requirement of "having ordinarily resided in Hong Kong for a continuous period of not less than seven years" under the law and other relevant requirements. The ImmD will process the applications in accordance with the law.
(1) and (3) Any person who remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence, etc), whether of short or long duration, is considered as being ordinarily resident in Hong Kong. In determining whether an applicant has ceased to have ordinarily resided in Hong Kong or is only temporarily absent from Hong Kong, the ImmD will take into consideration the circumstances of the person and the absence in accordance with section 2(6) of the Immigration Ordinance, including:
- the reason, duration and frequency of any absence from Hong Kong;
- whether he has habitual residence in Hong Kong;
- employment by a Hong Kong based company; and
- the whereabouts of the principal members of his family (spouse and minor children).
Nonetheless, if the person concerned does not meet the requirements for becoming a Hong Kong permanent resident as stipulated in Article 24 of the Basic Law and Schedule 1 to the Immigration Ordinance, the ImmD has no discretion to establish his status as a Hong Kong permanent resident.
According to the the ImmD's record, the statistics of applications for verification of eligibility for permanent identity card from July 1, 2022 to February 28, 2026 are as follows:
| Applications received | Applications approved | Applications rejected |
| 379 773 | 280 909 | 23 921 |
The ImmD does not maintain a breakdown of other statistics mentioned in the question.
(2) The Government has been implementing various talent admission schemes to proactively trawl for talents with different academic and professional backgrounds to come to Hong Kong to enrich Hong Kong's talent pool. Persons admitted under the various talent admission schemes who have ordinarily resided in Hong Kong for a continuous period of not less than seven years may, in accordance with established procedures, apply to the ImmD for verification of eligibility for permanent identity card. Given the different positioning and target groups of the various schemes, the prescribed limits of stay, conditions of stay and requirements for application for extension of limit of stay also vary accordingly. Individuals admitted under employment-based talent admission schemes (such as the General Employment Policy or the Admission Scheme for Mainland Talents and Professionals) are permitted to stay in Hong Kong on employment condition, while those admitted on the basis of their academic qualifications or other credentials (such as under the Top Talent Pass Scheme or the Quality Migrant Admission Scheme) are only subject to the limit of their permitted stay. The Government will dynamically monitor manpower changes in Hong Kong and in light of such actual circumstances as the demand for talents, continue to refine the details of the talent admission schemes, including the eligibility criteria, quotas, limits of stay, and conditions of stay, etc, in order to attract talents to Hong Kong and encourage suitable individuals to remain in Hong Kong for long-term development.
Ends/Wednesday, March 18, 2026
Issued at HKT 11:15
Issued at HKT 11:15
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