Posted by
amygal
15 yrs ago
I have 3 years to go before eligble to apply for PR.
But the problem is,
1) My ex moved to SG now
2) If I decide to update my status of change as SEPARATED, will I be able to extent my visa for another 2 yrs in order to apply for PR?
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No, once your current visa expires you will not be able to extend it.
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Oski
15 yrs ago
you need to ask your husband for a favor.
you must have his help to file for extension. There are 3 forms to file for dependent spouse visa extension. ID91 form to apply for extension, completed by you, ID481b, also completed by you to disclose your current marital status. (here you need your husband's understanding to check "no change"), and most importantly, ID481a, to be completed by your husband declaring sponsorship/support for your application.
If you cannot get your husband to help, then you will need to find another way to stay in HK.
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Oski
15 yrs ago
Take a careful look at the forms I mentioned, and decide for yourself.
Your forms need to be consistent.
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Amygal, you have to appreciate that the Immigration Department have a complete movement record, therefore if your husband is now living in Singapore and he only comes back to HK for company meetings they will know when he enters and leaves HK. By asking him to make a false declaration in the form by saying nothing has changed, and you yourself making a false declaration, you're both breaking the law and if discovered you will be charged. This happens all the time. Immigration has an Investigation Section in Kowloon Bay. So think very carefully before you do this. If you want to stay in HK, you're better off finding your own job, getting an employment visa in your own right, and staying here legally.
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'^=^ Shoe Girl, Thanks for you valuable information. You are right, I guess I don't have much choices.
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Oski
15 yrs ago
Frequent travels for business is fine. HK is a free city business wise. Since your husband is PR, the fact that your husband works in SG is not a problem. Immigration would have no issues with that. It would be a problem if you are maintaining two separate addresses in HK.
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Oski, Why are you basing your advice on Amygal's husband being PR? Where are you getting that from? I don't read it anywhere.
It could of course make a difference it he were.
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Oski, what Immigration would have an issue with is someone being separated and claiming that nothing has changed in order to get a visa extended. As mentioned above, this is against the law and if caught people will get prosecuted.
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Oski
15 yrs ago
Well spurtio, I assumed her husband is PR, because he is in SG, I didn't think amygal would even bother to ask this question if he is not PR.
And Shoe Girl,
I know what you mean. However, look at things from a practical perspective. If both parties of a married couple claim they are together, and there is no pending court filing for separation, who is immigration to say otherwise? Without a divorce filing, "separated" is just a state of mind for the 2 people involved. Again, I made a bit of an assumption here, I don't think she would be asking if she had already filed for divorce.
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Oski,
You don't have to be a PR to sponsor someone. I may be wrong, but the way I'd read it was that Amygirl wishes to remain in HKG so she can then apply for PR by virtue of having been in HKG for 7 years. We don't know how long the husband has been in Singapore for, but that the fact of the matter is he's no longer in HKG.
If he was on an employment contract and has now left town, when Amy's visa expires it will not be renewed.
If he's a PR and has moved to Singapore, Immigration department may want to know why the wife has decided to remain in HKG.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
We understand your dilemma. It is always the best advice to get accurate advice based on specific and detailed information. That said the following may be of assistance generally:
The fact your husband is a permanent resident of Hong Kong allows him to sponsor a “dependant”. You are prima facie a dependant of your husband since you are his wife (not yet divorced). As such, he does have the ‘ability’ to sponsor you as a dependant; the question is ‘whether’ he will be ‘willingly’ to sponsor you as a dependant given the facts of your separation. Note that sponsorship is doing more than simply endorsing a name on a form, the Sponsor has legal obligations that arise from the act of sponsorship. It may therefore be that your husband does not want to voluntarily accept the role of sponsor. There are occasions when this role can be imposed by the Court but again such action is best weighed after more detail is gained.
In certain circumstances then it is possible to be granted a 1, 2 or 3 year period as a dependant based on the basis of the permanent residency of your husband even though you are separate but not divorced. The entire circumstances of your husband’s sponsorship (including his trips to Hong Kong and his residency/accommodation in Hong Kong, employment and assets etc.) will bear on the question of the grant of sponsorship as above.
You may alternatively consider changing your status from that of a dependant to that of an employed person and/or a work authorization based on your own business.
Weir & Associates
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16th Floor Tak Shing House
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20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : WeirLaw@weirandassociates.com
www.weirandassociates.com
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Oski
15 yrs ago
Shoe Girl
Amygal's posts have been edited. I recall she had a lot more information before. I think she did mention her husband is PR, and he now works in SG.
My posts were in response to her original and follow on questions, (which are now all but erased.)
If you jumped in late, my posts probably don't make much sense now. It is like listening to half of a phone conversation.
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Oski,
Fair enough. I didn't realise that they'd been changed.
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