Circumstances sometimes conspire against foreign national residents here who find themselves in a quandary as to whether or not their continuous ordinary residence here has been broken due to decisions made (voluntary or otherwise) earlier on in their lives in Hong Kong.
In this situation, will an application for the Right of Abode fail?
“I have been resident in Hong Kong for 6 years and 2 months. First as a dependent and now under non local graduates scheme. I have had a residence throughout this period, owned a property for part of the period (sold due to divorce). But I was studying in Beijing for 2 years during this time and returning to Hong Kong during holidays and at least every 2 months. I also have a child in Hong Kong who lives with my ex wife who visits me regularly. Will my period of residence only be deemed to start when I returned to Hong Kong in February 2011 and re-secured an employment visa? Essentially, has the period I was travelling in and out on a visitor visa stopped my period of residence for Right of Abode purposes even though I was ordinarily resident under the plain English meaning. You may assume I have all necessary paperwork to show tenancies, bank details, tax returns etc.”
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Will a break in continuous employment mean a break in continuous residence for the purposes of a Hong Kong right of abode application?