Divorce and Procedure

Posted by vick (218 days ago)

Hi,

Me and my wife have decided to get divorce on mutual agreement. I want to know how long will it take to get a divorce. Secondly my wife is on dependent visa and she want to stay in HK while I am leaving HK. We have been married for 1 and half years now. If the divorce is final, What will be her visa status. Will she have to leave HK?

Chan

(I am based in Hong Kong)

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Posted by Shoe Girl (218 days ago)

You have to be separated for at least 12 months before you can even apply for a divorce. As it's not going to be contested,the whole proceedings usually take about 6 months.

As your wife is on a dependant visa, once you are divorced she will no longer technically be "dependent" on you and cannot remain in HK. If she wishes to remain here, she will have to find a new sponsor. If she is working she may be able to change her status and get an employment visa; however she will have to meet the criteria which apply in regard to employment visas, basically meaning that her job cannot be done by a local.

(I am based in Hong Kong)

Posted by Oski (218 days ago)

In theory, your wife's dependent visa status ends as soon as the divorce is finalized, or if your employment/assignment ends in HK. However, in practice, immigration almost never cancels visas before the stated expiration. So you wife should be able to remain and work in HK until the stated expiration on her current visa.

(I am based in Hong Kong)

Posted by aemom (218 days ago)

But when if she wants/needs to renew her dependent visa, you must fill out an "undertaking of continuous sponsorship" and she must sign a declaration that your matrimonial relationship has not changed.

Under the situation you have described, if she wants to stay in HK, her only option is to find an employer who will sponsor an employment visa.

(I am based in Hong Kong)