Retaining Hong Kong Permanent Residency After Acquiring Foreign Nationality

Overview

Hong Kong residents who acquire foreign nationality may wonder about their permanent residency status. Under the Immigration Ordinance and the Nationality Law, certain rules apply. This article outlines the key points for retaining permanent residency after naturalization elsewhere.

Declaration of Nationality Change

When a Hong Kong permanent resident acquires foreign nationality, they must report the change to the Immigration Department. This is required under the Immigration Ordinance. The declaration should be made in person at an Immigration Department office. You will need to bring your Hong Kong permanent identity card and relevant documents, such as proof of the new nationality.

If you do not declare, you may face difficulties when using your Hong Kong permanent identity card or applying for travel documents. The Immigration Department may investigate and could revoke your permanent residency if you fail to report the change.

Maintaining Your Permanent Residency

Acquiring foreign nationality does not automatically cause you to lose Hong Kong permanent residency. However, you must continue to meet the ordinary residence requirement. Typically, this means you must have been ordinarily resident in Hong Kong for a continuous period of at least seven years. Absences from Hong Kong may affect your permanent residency status if they are prolonged. For example, if you are away for more than 180 days in a year, you may need to provide reasons and evidence to show that you still have ties to Hong Kong.

Hong Kong permanent resident identity card

It is important to keep records of your ties, such as employment, family, property, or other connections, to support your ongoing residence.

Travel Documents

After obtaining foreign nationality, you should use your foreign passport to enter and leave Hong Kong, unless you also hold a Hong Kong SAR passport. But note: If you are a Chinese citizen who has acquired foreign nationality, you may lose Chinese nationality, and thus you cannot use a Hong Kong SAR passport. Instead, you will use your foreign passport. However, you may still use your Hong Kong permanent identity card for identification purposes within Hong Kong.

If you need to travel to mainland China, you may require a visa or other documents, depending on your nationality. The rules for using travel documents can be complex, so it is advisable to check with the Immigration Department before travelling.

Important Considerations

You must declare your foreign nationality to the Immigration Department.
Maintain sufficient ties to Hong Kong to show ongoing ordinary residence.
Be aware that prolonged absences can affect your permanent residency.
Use the appropriate travel documents for your nationality status.

For more detailed guidance, you may wish to consult official sources or seek professional advice. The Immigration Department can provide specific information based on your circumstances.