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?

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.

PODCAST SUMMARY

Understanding MPF Refund and Its Implications

In this Post I will unravel the complexities surrounding MPF (Mandatory Provident Fund) refund and its potential impact on your eligibility for the right of abode in Hong Kong. I’ll explore the steps you can take to address this situation and ensure a smooth path towards permanent residency.

MPF Refund: Exploring the Process

To begin, let’s delve into the process of obtaining an MPF refund. While I may not be an expert in the intricacies of MPF policies, it’s crucial to understand that making a statutory declaration for an MPF refund involves a commitment to leave Hong Kong. If you’ve received the refund but have had a change of circumstances, such as deciding to stay in Hong Kong, it’s advisable to contact the MPF authorities promptly.

Reversing Your MPF Declaration

Reversing the MPF declaration may not be a straightforward process, but it’s essential to reach out to the MPF authorities and explain your new situation. They are likely to have protocols in place for handling such scenarios. While the exact details may vary, addressing the issue with the MPF officials is a crucial step in ensuring that your financial matters align with your revised plans in Hong Kong.

The Path to the Right of Abode

Now, let’s focus on your eligibility for the right of abode in Hong Kong. If you’ve been residing in the city for five and a half years and can maintain a residence visa throughout the full seven years, you have a chance to apply for the right of abode. The key criterion is demonstrating that you are settled in Hong Kong.

The Challenge of the MPF Declaration

Here’s where the challenge arises. Your prior MPF declaration indicated that you intended to leave Hong Kong, which could be seen as conflicting with the notion of being settled in the city. To address this, you’ll need to take steps to undo the prior declaration.

Demonstrating Settlement in Hong Kong

To successfully secure the right of abode, it’s crucial to prove to the Immigration Department that you have become settled in Hong Kong by the time you reach the seven-year mark. This includes maintaining your residence visa permissions, potentially through studying or changing your employment sponsorship, and establishing a life that reflects your settled status.

Last Words …

While the MPF scenario in your situation may present challenges, it’s not necessarily fatal to your ability to obtain the right of abode in Hong Kong. Addressing the MPF declaration and demonstrating your settled status in the city over the next one and a half years can pave the way for a successful application. Remember to reach out to the MPF authorities promptly and take the necessary steps to align your financial commitments with your intentions in Hong Kong. With careful planning and action, you can work towards securing your right of abode.

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