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Do I have to live in Hong Kong after investing in Hong Kong?
I. Overview
In fact, after obtaining Hong Kong status, the Immigration Department will require the approved persons and their dependants to have ordinarily resided in Hong Kong for not less than seven years and to comply with the relevant provisions of the Immigration Ordinance before they can apply to become permanent residents of Hong Kong and hold passports of the Hong Kong Special Administrative Region. Then, what does the "continuous ordinary residence" in the above provisions mean?
Literally, the meanings of "continuous ordinary residence in Hong Kong" and "must only live in Hong Kong" are completely different, which means that the applicant can leave Hong Kong. In fact, "usual residence" here means that the applicant should live in Hong Kong, but there are no clear rules and restrictions on the length of the applicant's stay in Hong Kong. This flexibility actually gives the applicant some freedom.
Then, what should I pay attention to after moving to Hong Kong through the Hong Kong Entrepreneurship Settlement Plan, but before obtaining the permanent resident status in Hong Kong for seven years? Only by clarifying the criteria for the Hong Kong Immigration Department to examine "ordinary residence" can it help the smooth renewal of the Mainland Admission of Talents Scheme, and it will no longer be subject to residence restrictions until it is granted permanent resident status in Hong Kong.
2. The main factors considered by the Hong Kong Immigration Department in examining "ordinary residence" include the following aspects:
1. Reasons for the applicant's absence from Hong Kong
2. Do you have a habitual residence in Hong Kong?
3. Does the main family member live in Hong Kong (including spouse and children)?
4. Does the business of the Hong Kong company exist?
Do you have a reasonable income to support yourself and your family?
6. Whether the tax return is legal and timely.
In the final analysis, although the Hong Kong government has not stipulated the time for applicants to live in Hong Kong, it is also an important factor related to the success of renewal. Therefore, applicants enjoy a certain degree of freedom to leave Hong Kong, but they should also use this freedom granted by the Hong Kong Government within a reasonable range. During these seven years, they should keep the consciousness of "permanent residence" and establish the concept of taking Hong Kong as the center. This is also to fully demonstrate their sincerity in wanting to become a member of Hong Kong, so as to successfully obtain permanent resident status in Hong Kong.
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