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I Have Sworn a Declaration That I am Leaving Hong Kong to Receive an MPF Refund – Am I Now Precluded From Making an Application for the Right of Abode Here?

June 9th, 2013

Posted in Long Stay & PR, The Hong Kong Visa Geeza, Your Question Answered /


 

 

What a great question – never been asked this before!

QUESTION

I have been resident in Hong Kong for 5 and a half years on a working visa.

I lost my job over 6 months ago and thought that I had no option but to leave.

I obtained the MPF refund in May and signed a statutory declaration indicating that I would leave in early June.

I then realised that I had been too hasty and that I could still have applied for the right of abode at the end of the seven year residency period.

I now want to do this and either study or work if i can get a job until such time as I can apply.

Is it too late now that i have signed the statutory declaration and received the repayment?

Is there anything I can do to remedy the position?

Thank you in anticipation of your reply.

More Stuff to Help You Along

Can I apply for the right of abode if my employment visa expires on the exact 7 year anniversary date of my residence in Hong Kong but I have no job on that date?

What impact will a temporary yet long term secondment overseas for work have on my Hong Kong permanent residency application 3 years from now?

I run an internet company based out of Hong Kong but choose to spend most of my time away from Hong Kong – will I be able to get permanent residency after 7 years?

Will I still qualify for the right of abode if I worked temporarily in Macau yet lived in Hong Kong for the full 7 years?

What can be said to be ordinary residence for the purposes of a Hong Kong right of abode application?

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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.

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