Permanent Residency, Closer for Helpers in Hong Kong?

The ruling against the immigration guideline that excludes domestic helpers from "applying" to become permanent residents is a welcome one! I might add that aside from being unconstitutional, it reeks of discrimination. Of course Hong Kong denies that, and there are many excuses already given why it is not so.

To make things clear though, what the domestic helpers won is not automatic residency after 7 years of stay in Hong Kong but the right to apply for permanent residency!

What's the difference, you may ask? Quite simple really, just like in countries like the US and Canada or the UK, you need to apply to become legally a permanent resident or citizen. In the US for example, after two years of having an H1 visa, you can apply for a green card and after a few more years you can apply for naturalization to become a US citizen.

In Hong Kong you don't become a citizen, you become a permanent resident. For professional workers (like engineers, architects, musicians, flight attendants, etc.), you can apply for residency after seven years (as the Basic Law or mini constitution of Hong Kong says). This right to "apply" was what the helpers won in the recent ruling.

Is there a chance that the ruling will be reversed? Yes. The Hong Kong administration with no less than the CEO Donald Tsang have expressed their disappointment over what the court of first instance has ruled. That makes it clear that the administration's stand is not to let helpers become permanent residents of the city. They're going to find a way not to let that happen. If they fail, there's another way they can deny domestic helpers permanent residency.

Once the application is handed in, scrutinized, vetted, and studied in detail, the immigration office can actually still not grant residency due to reasons like (1) health - if the applicant will put unnecessary burden to the healthcare system of Hong Kong, (2) financial - that the applicant has no means to support herself/himself, (3) Etc.

When I applied for permanent residency, the immigration office requested bank accounts statements, lease contracts, tax returns, and certificate of employment. From that alone you can see what they're trying to ensure before granting permanent residency. They don't want you to become a burden to their society, a valid concern.

Will the government approve application for permanent residency for helpers? That remains to be seen.

In the meantime, will there be negative side effects of the court ruling? Yes I think there will be some if I may guess:

(1) Helpers will not be allowed to work in Hong Kong for more than 6 years. This is not unique as Taiwan allows helpers to work there for 3 years only.

(2) In the long term, helpers will not be allowed to work in Hong Kong altogether. This may be difficult, but it can happen.