QMAS Seven-Year Ordinarily Resident Assessment: Six Dimensions

Introduction

Outstanding talents who obtained entry permits under the General Points Test (GPT) or the Achievement-based Points Test (APT) will, after completing seven years of residence in Hong Kong, successively apply to verify their Hong Kong permanent identity cards. The Immigration Department’s review standards go far beyond the rough understanding of “visiting Hong Kong a few times each year”. Instead, it strictly applies the definition of “ordinarily resident” under section 2(1) of the Immigration Ordinance (Cap. 115), and compares multiple items of factual evidence in each application. This article organises, across six practical dimensions, a framework of evidence that Quality Migrant Admission Scheme (QMAS) applicants can proactively deploy when verifying their permanent resident eligibility.

I. Legal Framework: The Ordinance Basis for Seven Years of Continuous Ordinary Residence

The Immigration Department’s official definition of “ordinarily resident” is residing in Hong Kong lawfully, voluntarily and for the purpose of settling, where temporary absence from Hong Kong is still regarded as ordinary residence. In practice, applicants should proactively organise evidence across multiple dimensions; any gap in any single area may affect the progress of verification.

Under the QMAS, persons permitted to come to Hong Kong under the General Points Test (GPT) are generally granted an initial limit of stay of 36 months, with subsequent extensions of stay normally approved on a “3 + 2” year basis; each extension must prove that steps to settle in Hong Kong have been taken, such as accepting employment or establishing a business. According to the Quality Migrant Admission Scheme Application Guide, applicants must provide evidence such as employment contracts, salary payment records, Mandatory Provident Fund (MPF) contributions and office leases, to demonstrate that Hong Kong is the centre of their life. These extension reviews and the permanent residency verification after seven years are two stages of the same logic; therefore, from the first year of approval, applicants must build a traceable chain of evidence.

II. Dimension One: Reasons, Duration and Frequency of Absence from Hong Kong

The number of departures and cumulative duration of absence are the starting point for analysing “temporary departures” versus “interruption of ordinary residence”. If the absence is passive and caused by objective circumstances (such as a pandemic), applicants should prepare corresponding explanatory documents so that the Immigration Department understands the temporary nature of the departure; however, if a QMAS applicant needs to be absent for a long period due to an overseas work posting, management of Mainland business or similar reasons, they must proactively establish evidence of being “Hong Kong-based”, such as retaining a Hong Kong residence, maintaining continuous salary payment and tax filing, and framing the overseas work as a short-term assignment “posted overseas by a Hong Kong company”. The Immigration Officer will check the consistency between immigration timestamps and the explanatory documents. Staying in Hong Kong no fewer than 90 days per year is currently a commonly cited safe benchmark in the industry, but it is not a statutory minimum; the explainability of the reasons for absence is more critical than the number of days.

III. Dimension Two: Continuity of a Habitual Residence in Hong Kong

Whether there is a habitual residence is one of the considerations expressly listed in the Immigration Ordinance (Cap. 115). The Immigration Department checks not merely the nominal existence of a residential address, but the stability, personal use and continuity of the residence. If during the seven years the applicant frequently changes short-let units, rents hotel-style serviced apartments for extended periods, or the property’s water, electricity and gas bills never show reasonable consumption, all of these will weaken the probative value of “settlement intent”.

The safest approach is, from the point of approval, to sign a lease of two years or more in one’s own name or jointly, retaining monthly automated bank-transfer rent receipts, electricity bills, gas bills and broadband service contracts. Purchasing property is strong evidence of settlement, but is not mandatory. The Immigration Department will refer to the land search records of the Land Registry, and whether the applicant has continuously declared that address for correspondence purposes. In addition, even during a temporary absence, the applicant should not terminate the residential lease, otherwise it may be interpreted as having withdrawn the Hong Kong residence before each departure, constituting an interruption of continuity.

IV. Dimension Three: Employment in Hong Kong and Economic Ties

When verifying permanent residency, a QMAS applicant must demonstrate that, within the seven years, Hong Kong is the primary employment market and source of income. The Immigration Department will examine the work location stated in the employment contract, the location of the bank account into which salary is paid, the MPF contribution records and the salaries tax assessment notification. If the applicant is not employed in Hong Kong but operates a business on a self-employed basis, they must submit a Business Registration Certificate, office lease, audited financial statements and profits tax returns.

If the applicant’s employment structure is more complex — for example, nominally employed by a Hong Kong company but not performing duties in Hong Kong for extended periods, or paid only through a Hong Kong company as an intermediary while the actual employer is an overseas associated company — it is advisable for the employer to issue a letter explaining in detail the applicant’s duties and posting arrangements, supported by relevant business contracts, to prove that the position was created to meet Hong Kong business needs. If the applicant had a period within the seven years with no employment or self-employment record in Hong Kong, the Immigration Department will require an explanation of the economic source during that period and why employment in Hong Kong could not be obtained, further examining whether their economic ties with Hong Kong have been severed.

V. Dimension Four: Distribution of Family Members Residing in Hong Kong

Whether the spouse and unmarried children under 18 reside in Hong Kong together with the applicant is key circumstantial evidence for determining the “centre of life”. If the applicant works in Hong Kong alone while the spouse and children reside long-term in the Mainland or overseas, the Immigration Department may reasonably infer that the applicant has not relocated their family to Hong Kong, and therefore has not satisfied the “for the purpose of settling” requirement in the Immigration Ordinance (Cap. 115).

In practice, if the principal QMAS applicant can arrange for the spouse to be employed in Hong Kong or for the children to attend local primary or secondary schools or kindergartens, the success rate of their verification application will significantly improve. School offer letters, tuition fee receipts, the spouse’s bank statements and MPF records all constitute strong evidence. If objective reasons (such as the spouse caring for elderly parents, or children preparing for overseas study) result in the family being separated in two places, the applicant must submit a detailed statement and supporting documents, and explain a specific timetable for the family to reunite in Hong Kong in the foreseeable future.

VI. Dimension Five: Tax Resident Status and Social Participation

Whether one continuously files tax as a Hong Kong tax resident within the seven years directly reflects where one’s personal economic interests belong. The Inland Revenue Department’s (IRD) rules on personal salaries tax state that any individual who resides in Hong Kong for more than 180 days within an assessment year, or who chooses Hong Kong as their permanent place of residence, is a tax resident. If the applicant files tax in Hong Kong each year and receives salaries tax assessments, the seven-year accumulation of assessment records forms an almost irrefutable chain of evidence of settlement.

Apart from tax records, participating in local professional bodies, chambers of commerce, charitable organisations or continuing education courses can also reinforce the proof of “social connection”. For example, obtaining full membership of the Hong Kong Institute of Certified Public Accountants or the Hong Kong Institution of Engineers, or completing a continuing education course at the School of Professional and Continuing Education of the University of Hong Kong. Active bank transaction records, credit card spending trails, and holding a Hong Kong driving licence, while not decisive, can play a consolidating role in borderline cases.

VII. Dimension Six: Intent to Return to Hong Kong and Long-Term Planning

Even if a relatively long period of absence occurred during the seven years, the applicant can still salvage the application by proving that “the absence was temporary in nature and there is a clear plan to return to Hong Kong”. The Immigration Department will examine whether the applicant retains a firm foothold in Hong Kong, and whether, during the absence, they took action to prepare for returning — for example, retaining the property and continuing to pay the mortgage, maintaining the primary transactional status of the Hong Kong bank account, and returning to Hong Kong regularly to handle affairs.

Future planning documents are equally important: a signed provisional agreement for sale and purchase of a Hong Kong property, correspondence showing that the children have applied for admission to a local school for the next academic year, and a letter of commitment to continuing employment issued by a Hong Kong company, can all be used to prove a genuine intent to return and settle in Hong Kong. Applicants must realise that the Immigration Officer does not score mechanically, but exercises the comprehensive discretion conferred by the Immigration Ordinance (Cap. 115) to make a value judgement on the overall facts; therefore, applicants must concretise their return-to-Hong Kong planning, rather than remaining at vague statements of intent.

VIII. QMAS Seven-Year Permanent Residency: Practical Deployment Strategy

The seven-year deployment is best laid out in stages and layers. The first to second year is the “base-building period”: after approval, one should sign a residential lease, open a Hong Kong bank account, process dependant visas for spouse and children, and start employment in Hong Kong or set up a business as soon as possible; during this period, ensure a complete salaries tax filing in the first assessment year. The third to fifth year is the “continuity consolidation period”: cumulative absence from Hong Kong should not exceed 120 days per year, avoiding any year with a complete blank period of neither working nor residing in Hong Kong; if departure is required for work, ensure the employment contract states a posting overseas by a Hong Kong company, and retain complete salary payment and MPF contribution records. The sixth to seventh year is the “document preparation period”: starting 18 months before submitting the application to verify the permanent identity card, begin organising all immigration records, tax documents, bank statements, utility bills, employment contracts and family member documents from the seven years, and pre-draft letters explaining absences, attaching proof and explanation for each departure exceeding 60 days. After submitting the application, if the Immigration Department issues an enquiry letter, respond in writing and attach evidence within the specified time limit, so as not to delay the verification progress.

This article is for informational reference only and does not constitute legal advice. For an assessment of individual circumstances, you should consult a practising solicitor in Hong Kong.