Immigration Autonomy

The Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the People’s Republic of China but enjoys a high degree of autonomy over its affairs including immigration control. Article 154 of the Basic Law provides that the Government of the HKSAR may apply immigration controls on entry into, stay in and departure from the Region by persons from foreign states and regions. In other words, Hong Kong continues to operate its own immigration control after the Reunification, with autonomy over its immigration policy.

The Immigration Service in Hong Kong is committed to exercising effective immigration control and enforcing the laws, but equal emphasis is also placed on providing travel convenience and facilitation to tourists, business visitors and Hong Kong residents. The objectives of the Department’s work on visa control are therefore:

• to guard against the entry of undesirable persons to maintain Hong Kong’s prosperity and stability;
• to facilitate the entry of talent and professionals to enhance Hong Kong’s competitiveness while protecting the local labour force from unfair competition; and
• to facilitate the mobility of tourists and business people, making Hong Kong an attractive tourist and business centre.

Visa and Entry Permit System

Persons who do not have the right of abode or right to land in Hong Kong require visas/entry permits before coming to Hong Kong for visit (except those who may come visa-free under the prevailing immigration policy), employment, investment, training, residence or study. Such pre-entry immigration examination system is effective in that it ensures only those who are qualified for entry under the prevailing immigration policy are admitted into Hong Kong. The system also ensures that undesirable persons are prevented from coming to Hong Kong.

Visa and Policies Branch

Commanded by an Assistant Director, the Visa and Policies Branch is responsible for the policy formulation and implementation regarding visas/entry permits and extensions of stay. The branch comprises two divisions, namely the Visa Control (Policies) Division and the Visa Control (Operations) Division. Each division is headed by a Principal Immigration Officer. The major areas of work of Visa and Policies Branch are:

• to formulate and review policy and assessment procedures on visa matters with a view to meeting the changing needs of Hong Kong, responding to the changes in external circumstances, facilitating visitors, and enhancing policy maintenance, operational efficiency and effectiveness of the visa and entry permit system;
• to process applications for entry into Hong Kong for visit, employment, investment, training, residence and study in accordance with the existing immigration policies and procedures;
• to process applications for extension of stay from visitors and non-permanent residents;
• to prevent the entry of undesirable persons who are likely to pose a threat to the security, prosperity and well-being of Hong Kong;
• to process applications for Certificate of Entitlement to the Right of Abode in the HKSAR from persons of Chinese nationality who claim to have the right of abode in Hong Kong by descent from their either parent; and
• to handle appeals/objections/judicial reviews relating to Certificate of Entitlement to the Right of Abode and visa control matters.

Entry for Visit

The HKSAR Government has all along adopted an open immigration policy. Nationals of about 170 foreign countries and territories may come for business, social or pleasure visits visa-free for a stay ranging from 7 to 180 days.

Mainland Visitors

There are separate arrangements for the entry of Mainland visitors. Those who wish to come to Hong Kong for visiting relatives or sightseeing should obtain an Exit-Entry Permit for Travelling to and from Hong Kong and Macao and an appropriate exit endorsement from the Mainland authorities. They may stay in Hong Kong for a period from 7 to 90 days.

Individual Visit Scheme for Mainland Residents

The Mainland ‘Individual Visit Scheme’ was implemented in July 2003. Currently, residents of all of the 21 cities in the Guangdong Province and 28 other cities, i.e. Beijing, Shanghai, Tianjin, Chongqing, Nanjing, Suzhou, Wuxi, Hangzhou, Ningbo, Taizhou, Fuzhou, Xiamen, Quanzhou, Chengdu, Jinan, Shenyang, Dalian, Nanchang, Changsha, Nanning, Haikou, Guiyang, Kunming, Shijiazhuang, Zhengzhou, Changchun, Hefei and Wuhan, are able to visit Hong Kong on an individual basis. Visitors from the Mainland under this Scheme are permitted to remain in Hong Kong for a period of not more than seven days upon each entry. The arrangement benefits local tourism, retail and other related industries.

Starting from 1 April 2009, Shenzhen residents may apply to the Exit and Entry Administration Office of the Public Security Bureau of Shenzhen for ‘multiple-entry’ Individual Visit Endorsement for visiting Hong Kong. Holders of Exit-Entry Permits for Travelling to and from Hong Kong and Macao bearing the endorsement may remain in Hong Kong for a period of not more than seven days for each visit. Starting from 13 April 2015, the Bureau of Exit and Entry Administration of the Ministry of Public Security has stopped issuing ‘multiple-entry’ Individual Visit Endorsements to permanent residents of Shenzhen. Instead, ‘one trip per week’ Individual Visit Endorsement would be issued. Holders of Exit-Entry Permits for Travelling to and from Hong Kong and Macao bearing this endorsement may visit Hong Kong once a week from Monday to Sunday for a period of not more than seven days.

Business Visit Scheme

Since March 1998, Mainland business people who wish to come to Hong Kong for business visits may apply to the Mainland authorities for business visit endorsements on their Exit-Entry Permits for Travelling to and from Hong Kong and Macao. In 2018, an average of about 3,200 Mainland business visitors entered Hong Kong each day under this Scheme.

Taiwan Visitors

Taiwan visitors may apply for Hong Kong Entry Permits through the authorised airlines in Taiwan. Permits are normally issued within two working days. Holders of Multiple Entry Permits may visit Hong Kong for a stay of 30 days on each landing.

Since 27 April 2009, Taiwan residents holding a valid Mainland Travel Permit for Taiwan Residents, commonly known as ‘Tai Bao Zheng’, may visit Hong Kong and stay for seven days without the need to possess a valid entry-exit endorsement for the Mainland. To further facilitate Taiwan residents to visit Hong Kong, with effect from 1 September 2011, the period of stay in Hong Kong for holders of Mainland Travel Permit for Taiwan Residents has been extended from 7 days to 30 days.

Since 1 September 2012, eligible Taiwan residents may submit pre-arrival registration on their own by using the e-Service platform ‘Pre-arrival Registration for Taiwan Residents’ at the GovHK website free of charge. The computer system will process the registration and display the result instantly. Each pre-arrival registration is valid for two months and good for two entries to Hong Kong as a visitor for a stay of up to 30 days on each landing. As at 31 December 2018, there were over 2,800,000 successful registrations.

Asia-Pacific Economic Cooperation (APEC) Business Travel Card

The APEC Business Travel Card (ABTC) Trial Scheme was introduced on 29 May 1998. Well received by business travellers, the Scheme became a permanent one in March 1999. At present, 19 APEC economies participate in and fully implement the Scheme, namely Australia, Brunei Darussalam, Chile, the People’s Republic of China, Hong Kong (China), Indonesia, Japan, the Republic of Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, the Philippines, Russia, Singapore, Chinese Taipei, Thailand and Vietnam.

Special immigration lanes for ABTC holders have been provided by the United States and Canada at their international airports since 19 November 2006 and 1 January 2008 respectively. ABTC holders are still required to meet the usual immigration requirements, such as presenting valid passports and visas for the United States or Canada, where applicable.

Starting from 1 June 2008, ABTC holders may use the special service lanes at selected control points of participating economies regardless of whether pre-clearance has been granted by that economy. For ABTC holders travelling to a participating economy where pre-clearance has not been granted, they are still subject to the normal immigration clearance process, such as presenting valid passports and, where appropriate, valid visas.

With effect from 1 September 2015, the validity of an ABTC granted to a successful applicant whose application is submitted on or after this date has been extended from three to five years. ABTC holders who have obtained pre-clearance from the participating economies may make multiple visits to these economies without visas for up to two to three months’ stay on each occasion within the validity of the card. In Hong Kong, ABTC holders may use designated counters at control points where available.

There has been an upsurge of ABTCs issued by the Government of the HKSAR in recent years. As at 31 December 2018, over 91,000 ABTCs had been issued and over 558,000 requests for pre-clearance referred by other participating economies had been processed in Hong Kong.

Working Holiday Scheme

The ‘Working Holiday Scheme’ was introduced in April 2001. The purpose of the Scheme is to facilitate cultural and educational exchange and to strengthen bilateral relations between Hong Kong and the participating countries. Holders of national passports of the participating countries or HKSAR passport holders aged between 18 and 30, ordinarily residing in their home places and whose main intention of entry is holiday-making are eligible to join the Scheme. Currently, the participating countries of the Scheme include Australia, Austria, Canada, France, Germany, Hungary, Ireland, Japan, the Republic of Korea, New Zealand, Sweden and the United Kingdom. Participants are allowed to stay up to 12 months in Hong Kong for holiday and may take up short-term employment during their stay. As at 31 December 2018, about 12,000 applications were approved by the Department.

Pre-arrival Registration for Indian Nationals

With effect from 23 January 2017, Indian nationals must apply for and successfully complete online pre-arrival registration before they can continue to enjoy the current 14-day visa-free visit or enter Hong Kong during transit (except in direct transit by air and not leaving the airport transit area), unless they belong to one of the categories of persons who may continue to come to Hong Kong visa-free without pre-arrival registration. Indian nationals shall apply for pre-arrival registration through the ‘Pre-arrival Registration for Indian Nationals’ platform at the GovHK website. Pre-arrival registration is free of charge. The computer system will process the registration and display the result instantly. Each pre-arrival registration is valid for six months and good for multiple visits to Hong Kong visa-free for a stay of up to 14 days on each visit during the validity period. As at 31 December 2018, there were over 663,000 successful registrations.

Initiatives to Enhance Travel Convenience for Visitors

The Department has been keeping the visa control system and processing procedures under constant review. New measures will be implemented as and when necessary to enhance the travel convenience of tourists and business people.

At present, multiple-journey visit visas may be issued to visa-required nationals who have a genuine need to visit Hong Kong frequently and have made three or more trouble-free visits to Hong Kong in the 12 months preceding the application, or can satisfy the Department that their visits may bring benefits to Hong Kong.

In order to provide greater immigration convenience to Macao non-permanent residents, with effect from 12 December 2016, Macao non-permanent residents aged 11 or above holding a valid Visit Permit for Residents of Macao to HKSAR (Visit Permit) may, after successful enrolment, use the e-Channel service as visitors at various control points in Hong Kong on the strength of their valid and enrolled Visit Permits.

Enhancement Measures on Admission Schemes for Talent, Professionals and Entrepreneurs

Hong Kong welcomes talent, professionals and entrepreneurs from all over the world to work and stay in Hong Kong. They may enter Hong Kong under various admission schemes, including the ‘General Employment Policy (GEP)’, the ‘Admission Scheme for Mainland Talents and Professionals (ASMTP)’ and the ‘Quality Migrant Admission Scheme (QMAS)’. To take a more proactive approach to recruit and retain talent and professionals from outside Hong Kong, the Department has implemented, with effect from 4 May 2015, a series of enhancement measures to refine the existing admission schemes in the following areas:

• Relaxing the stay arrangements for entrants under GEP and ASMTP to encourage the professionals to stay in Hong Kong;
• Relaxing the stay arrangements for entrants under QMAS and refining the QMAS scoring scheme to attract young talent with an outstanding educational background or international work experience;
• Specifying the consideration factors under GEP investment stream in order to attract more entrepreneurs from overseas to run their business in Hong Kong, and considering favourably applications from applicants who wish to establish or join in start-up businesses supported by government-backed programmes to foster a culture of innovation and entrepreneurship; and
• Implementing the ‘Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents (ASSG)’ to facilitate the entry of the second generation of Chinese Hong Kong permanent residents who have emigrated overseas, with a view to encouraging them to contribute to the future of Hong Kong by making good use of their knowledge and ties with the city.

Entry for Employment

Professionals and Entrepreneurs

Hong Kong is an international financial and business centre. Potential overseas entrepreneurs and persons who are in a position to make substantial contributions to the economy of Hong Kong will be admitted liberally. Employment visas are issued to persons who possess special skills, knowledge or experience of value to and not readily available in Hong Kong.

With effect from 4 May 2015, the Department has relaxed the stay arrangements for professionals and entrepreneurs. The stay pattern of admitted talent and professionals under GEP has been adjusted. Entrants will be granted a stay of two years instead of one year upon entry, and the pattern of their subsequent extension of stay has been changed from ‘2+2+3’ years to ‘3+3’ years. For top-tier entrants having been permitted to work in Hong Kong for not less than two years and having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, upon application for extension, a six-year extension on time limitation only without other conditions of stay may be granted. These relaxed arrangements are also applicable to professionals admitted under ASMTP. To facilitate the entry of entrepreneurs, the Department has specified the consideration factors under GEP investment stream such as business plan, financial resources, business turnover, investment sum, number of jobs created locally, and introduction of new technology or skills. Applications from applicants who wish to establish or join in start-up businesses supported by government-backed programmes will also be favourably considered.

In 2018, 41,592 professionals of various sectors from more than 100 countries/territories were admitted into Hong Kong for employment, either on long-term or short-term basis, or for investment.

Admission Scheme for Mainland Talents and Professionals (ASMTP)

The ASMTP was launched in July 2003. The objective of this Scheme is to attract qualified Mainland talent and professionals to work in Hong Kong in order to meet local manpower needs and enhance Hong Kong’s competitiveness. This Scheme has no sectoral restrictions and allows intra-company transfer of senior managers and professionals. As at 31 December 2018, over 120,000 talent and professionals had been admitted under the Scheme.

Mainland Professionals Residing Overseas

Since September 1990, a policy has been implemented whereby Mainland professionals residing overseas would be allowed to come to Hong Kong for employment, provided that they apply from overseas and have been residing overseas for at least two years immediately before the submission of application. In the interest of Hong Kong’s economic development, the overseas residential requirement for these Mainland professionals entering Hong Kong to take up employment has been relaxed to one year with effect from 1 November 2000. Between November 2000 and December 2018, over 7,400 Mainland professionals residing overseas were admitted to work in Hong Kong.

Immigration Arrangements for Non-local Graduates (IANG)

The IANG was introduced on 19 May 2008 to further attract non-local graduates to stay/return and work in Hong Kong, so as to strengthen Hong Kong’s human resources and competitiveness and enhance Hong Kong’s attractiveness to non-local students.

Non-local graduates refer to non-local students who have obtained a degree at undergraduate level or a higher qualification in a full-time and locally-accredited local programme in Hong Kong. (With effect from 14 May 2018, the IANG has been extended to cover non-local students who have obtained an undergraduate or a higher qualification in a full-time and locally-accredited non-local programme in Hong Kong.) Those who apply to stay and work in Hong Kong under the IANG within six months after the date of their graduation (i.e. the date shown on their graduation certificates) are classified as non-local fresh graduates. They are not required to secure an offer of employment upon application.

Returning non-local graduates are those who submit applications after six months of the date of their graduation. They are required to secure an offer of employment upon application. Their applications will be favourably considered so long as the job is at a level commonly taken up by degree holders and the remuneration package is set at market level.

Successful applicants under the IANG who are able to meet the normal immigration requirements may be granted 12 months’ stay without other conditions of stay. They are free to take up and change employment during their permitted stay without the need to seek prior approval from the Department. The stay of the applicants will be extended if they are still employed under the conditions mentioned above. As at 31 December 2018, over 80,000 non-local graduates had been approved to work in Hong Kong under the IANG.

Technology Talent Admission Scheme (TechTAS)

On 25 June 2018, the government launched the TechTAS, which is a three-year pilot scheme that provides a fast-track arrangement for eligible technology companies/institutes to admit non-local technology talent to undertake research and development work in Hong Kong. Eligible technology companies/institutes would first have to apply for quotas. A company/institute allotted quotas by the Innovation and Technology Commission can accordingly sponsor eligible persons to apply for employment visas/entry permits from the Department within the six-month quota validity period. As at 31 December 2018, a total of 24 applicants had been admitted under the Scheme.

Imported Workers

The Supplementary Labour Scheme was introduced in 1996 to import workers on a limited scale for relieving shortage of labour by filling vacancies which could not be filled by local workers. The Scheme is monitored by the Labour Advisory Board, which comprises representatives from employers and labour unions. As at 31 December 2018, over 41,000 workers had been admitted for employment under the Scheme and about 5,300 of them were still in Hong Kong. Imported workers are normally allowed to stay for an initial period of 12 months. They are required to return to their places of origin on completion of their employment contracts which are normally valid for a maximum period of two years.

Foreign Domestic Helpers

Foreign domestic helpers are allowed to work in Hong Kong to relieve many families of household chores. Their employment is on a two-year contract basis. As at 31 December 2018, there were about 386,000 foreign domestic helpers in Hong Kong, about 55 per cent and 43 per cent of which were from the Philippines and Indonesia respectively.

Foreign domestic helpers are not allowed to work as full-time chauffeurs, and are prohibited from performing all sorts of driving duties with effect from 1 January 2000. Local employers who have a genuine need for their foreign domestic helpers to perform limited driving duties incidental to and arising from their domestic work have to apply to the Director of Immigration for special permission of such deployment.

Entry for Study

Foreign students are allowed to take up studies in private schools registered under the Education Ordinance and the Post Secondary Colleges Ordinance. With effect from 1999/2000 academic year, Mainland students may be allowed to pursue full-time undergraduate study programmes in Hong Kong.

The entry of non-local students for education was relaxed in the 2005/2006 academic year to enable the development of Hong Kong into the regional education hub. Under the relaxed policy, students from the Mainland, Macao and Taiwan are allowed to enter Hong Kong for enrolment in all full-time and locally accredited programmes at post-secondary (i.e. sub-degree and above) level. Students from Macao and Taiwan, like all other non-local students, are allowed to enter Hong Kong for exchange programmes at degree or above levels lasting for up to one year. Students from the Mainland are also allowed to enter Hong Kong for part-time studies in locally accredited taught post-graduate programmes run by the University Grants Committee-funded institutions whilst all other non-local students are allowed to study in any locally accredited part-time taught post-graduate programmes. Mainland students at secondary school level can come for short-term exchange programmes approved by the Education Bureau of not more than two weeks, if accompanied by Mainland teachers.

Starting from 19 May 2008, students from the Mainland, Macao and Taiwan may apply for entry to pursue short-term studies in programmes offered by Hong Kong higher education institutions with degree-awarding powers, provided that the cumulative duration of short-term studies should not exceed 180 days within any 12-month period. Non-local full-time students of locally-accredited programmes at degree level or above, whose study period are not less than one academic year, may be allowed to take up study/curriculum-related internship arranged or endorsed by the institutions that they are studying in. These students (excluding exchange students) may also be allowed to take up part-time on-campus jobs for up to 20 hours per week throughout the year, and summer jobs during the period from 1 June to 31 August.

With effect from 17 March 2014, the entry arrangements for non-local students were further enhanced. Non-local students may apply to enter Hong Kong for exchange in full-time locally-accredited local programmes at sub-degree level and non-local programmes at undergraduate or above level. In addition, non-local students of full-time locally-accredited local programmes at sub-degree level and non-local programmes at undergraduate or above level may take up mandatory and study/curriculum-related internship and study/curriculum-related internship respectively. Non-local students admitted to full-time locally-accredited local and non-local post-secondary programmes will be granted, upon entry, a length of stay in line with the normal duration of their study programmes, subject to a maximum period of six years.

From 2016/17 to 2020/21 academic years, Chinese residents of the Mainland may apply for entry to take up studies in full-time locally-accredited non-local programmes at undergraduate or above level which have been approved by the Ministry of Education of the People’s Republic of China.

In 2018, 38,728 non-local students (including 26,104 Mainland students) were admitted for study in Hong Kong. Most of the non-local students were admitted to post-secondary courses.

Capital Investment Entrant Scheme (CIES)

The CIES, launched in October 2003, aims at facilitating the entry for residence of persons who make capital investment in Hong Kong but would not be engaged in the running of business here. After review, the CIES has been suspended since 15 January 2015.

As at 31 December 2018, formal approval was given to about 35,000 applicants to reside in Hong Kong while approval-in-principle was also granted to about 600 applicants, bringing in a total investment amounting to $313.4 billion.

Quality Migrant Admission Scheme (QMAS)

The QMAS was implemented on 28 June 2006. The Scheme is quota-based and operated on a points-based system. It seeks to attract highly skilled or talented persons from the Mainland and overseas to settle in Hong Kong in order to enhance Hong Kong’s economic competitiveness in the globalised market. Successful applicants are not required to secure an offer of local employment before taking up residence in Hong Kong. All applicants are required to fulfil a set of prerequisites before they can be awarded points under one of the two points-based tests, namely the ‘General Points Test’ and the ‘Achievement-based Points Test’, and compete for quota allocation with other applicants.

Starting from 4 May 2015, the Department has relaxed the stay arrangements under the Scheme. The stay pattern for entrants under the ‘General Points Test’ has been adjusted. Entrants will be granted a stay of two years instead of one year upon entry, and the pattern of their subsequent extension of stay has been changed from ‘2+2+3’ years to ‘3+3’ years. Before extension of stay is granted, entrants admitted should demonstrate that they have taken steps to settle in Hong Kong by taking up residence here, e.g. by securing a gainful employment or establishing a business. For top-tier entrants having been permitted to reside in Hong Kong for not less than two years and having an assessable income for salaries tax of not less than HK$2 million in the previous year of tax assessment, upon application for extension of stay, a six-year extension on time limitation only without other conditions of stay may be granted. Persons admitted under the ‘Achievement-based Points Test’ will be granted a stay of eight years upon entry. The Department has also refined the point scoring scheme under the ‘General Points Test’ to attract young talent with an outstanding educational background or international work experience.

The government promulgated the first Talent List of Hong Kong, which contains 11 professions, on 28 August 2018. Applicants who meet the requirements of the Talent List will be awarded 30 bonus points under the ‘General Points Test’ of the QMAS after assessment.

As at 31 December 2018, about 4,500 applicants had been allotted quotas under the Scheme.

Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents (ASSG)

The ASSG was implemented with effect from 4 May 2015 to attract the second generation of Chinese Hong Kong permanent residents who have emigrated overseas to return to Hong Kong. There is no quota under this scheme and applicants are not required to have secured an offer of employment before entry. Successful applicants under the ASSG may be granted a stay of 12 months without other conditions of stay.

When applying for extension of stay, applicants are required to have secured an offer of employment which is at a level commonly taken up by degree holders and the remuneration package of which is at market level. For those who have established or joined in business in Hong Kong, they are required to produce proof of their business. As at 31 December 2018, 386 applications were approved by the Department.

Entry of Dependants

In accordance with the prevailing immigration policy, for Hong Kong permanent residents or Hong Kong residents who are not subject to a limit of stay, persons who have been admitted to Hong Kong for employment (except foreign domestic helpers and imported workers admitted under the Supplementary Labour Scheme) or study (in a full-time undergraduate or post-graduate local programme in a local degree-awarding institution), or who have been admitted under the CIES, the QMAS or the ASSG, their spouse; or the other party to a same-sex civil partnership, same-sex civil union, ‘same-sex marriage’, opposite-sex civil partnership or opposite-sex civil union entered into by them in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration; and their unmarried dependent children under the age of 18 may apply for entry for residence as dependants in Hong Kong. Meanwhile, for Hong Kong permanent residents or Hong Kong residents who are not subject to a limit of stay, their parents aged 60 or above may also apply for entry for residence as dependants in Hong Kong. Dependency is an essential element of the policy on entry of dependants. The sponsors must be able to support the dependants’ living at a standard well above the subsistence level and provide them with suitable accommodation in Hong Kong. In 2018, 26,083 dependant visas/entry permits were issued.

Entry of One-way Permit Holders

The entry of Mainland residents into Hong Kong for residence is provided for under Article 22 of the Basic Law. It states that ‘For entry into the HKSAR, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People’s Government after consulting the government of the Region’. Residents from the Mainland may come to Hong Kong for settlement through the One-way Permit Scheme. The Scheme, mainly to facilitate family reunion, effectively regulates the entry of Mainland residents into Hong Kong for settlement so that the prosperity and stability of Hong Kong are maintained.

One-way Permits are issued by the relevant authorities of the Public Security Bureau in the Mainland. The daily quota of One-way Permits is 150, including 60 reserved for persons who were born in the Mainland and have the right of abode in Hong Kong by descent from their either parent in accordance with Article 24(2)(3) of the Basic Law, and 30 reserved for long separated spouses. In 2018, 42,331 Mainland residents entered Hong Kong for settlement through the One-way Permit Scheme.

Certificate of Entitlement Scheme

To implement the Basic Law provisions on the right of abode, the Immigration Ordinance was amended to align with Article 24(2) of the Basic Law on 1 July 1997. On 9 July 1997, the Immigration Ordinance was further amended to introduce the Certificate of Entitlement Scheme, whereby persons claiming the right of abode in Hong Kong under Article 24(2)(3) of the Basic Law would need to have their claims verified by the relevant authorities and be issued with a Certificate of Entitlement, which would be affixed to their One-way Permits/valid travel documents, before they could establish their status as permanent resident in Hong Kong. As at 31 December 2018, over 230,000 persons had entered Hong Kong under the Scheme.

Genetic Test

For some Certificate of Entitlement applications, the applicants and their claimed parents may need to undergo a genetic test when the claimed parent and child relationship cannot be established on the basis of the documentary proof submitted. The Immigration (Amendment) Ordinance 2001 in respect of the genetic test procedures came into operation on 26 July 2001. The genetic test arrangements and the relevant fee were also specified in the Gazette Notice. As at 31 December 2018, over 44,000 applications requiring genetic tests were received.

Appeals under Certificate of Entitlement Scheme

The legislative amendments to the Immigration Regulations enacted in January 2000 provide for the procedures to be followed in appeals to the Immigration Tribunal against the decision of the Director of Immigration not to issue Certificates of Entitlement or certified duplicates. As at 31 December 2018, over 1,500 appeals were received from the Immigration Tribunal.

Appointment Booking Service for Extension of Stay Applications

The Department has since 30 November 2009 extended its appointment booking service for extension of stay application at the Immigration Headquarters. Eligible non-permanent residents may book appointments through the Internet or the 24-hour Appointment Booking Hotline. Moreover, applicants who have submitted applications for visas/entry permits may enquire about the application status through the Internet or the 24-hour Telephone Enquiry System.

Online Submission of Application for Extension of Stay

The Department launched e-submission service for extension of stay application on 26 May 2010. Eligible non-permanent Hong Kong residents may submit their applications for extension of stay online through the Internet.