Posted by
Shoe Girl
16 yrs ago
You are allowed to stay in HKG until your visa expires, but once you get a divorce, you are no longer a dependant and will have to apply to get a visa in your own right, independant of your spouse. So you don't have to quit your job. As long as you get your own visa, you do not lose your right to apply for PR after 7 years.
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U have a change of circumstances that must be notifed immediately to the ID, u have to apply for a work visa and will need the cooperation of your company. The thing in your favor is that you have a steady and presumably professional employment. Subject to the usual questions it is a convoluted but straightforward procedure. You have a right to stay regardless of change of circumstance to deal with all legal issues including divorce etc. and your change of status.
gud luck and message me if problems
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Shane
Your divorce could take a year to go through,and longer if it gets messy, also if you are thinking about a divorce get in first as the Petitioner rather than the Respondent so you are the one in control, and do the background work prior to serving the papers so you can serve when it suits you
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shane, I am in almost the same position as you, except that I'm self employed. I wonder if the same still applies to me but I guess I have to go to immigration to ask them myself.
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shane I got a dependant visa, just like you. I'm in HK for a little over 4 years now, meaning I had my last visa extension last December so I could apply for permanent residency end of 2011.
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Do I have to inform them after I got the actual divorce or after I get separated?
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OK thanks. I think I got enough information on all procedures now so I can get on with it. Thanks again for all contributions, this forum was very helpful so far!
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Best to transition to a work visa NOW even though yoiu don't need one..we are VERY familiar with this process......please contact us an a HK$2,800 interview; will see you well on your way...
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw
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Yes, it is "lame" and also "lame" of the admin to delete my last post which only said it was "lame".
Don't be so uptight admins. I simply don't appreciate companies trying to squeeze out money when it's not appropriate, people who have to deal with divorce etc. suffer enough already!
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Just went to ID and Officer told me that, just send ID a letter when divorce is final, and when you hit 7 years of stay apply for ROA.
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I live in Los Angeles, California...My husband has been doing business overseas
where he has all our money. Can anyone recommed a lawyer to Subpoenae banks over there.
Thanks
Pauline
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Have anybody heard of "unconditional stay" status in Hong Kong? If you have a dependent visa from a spouse who is a permanent resident, you can apply for this "unconditional stay" visa after 3 years of being a dependent.
Once you're on an "unconditional stay" visa, you don't need your spouse to sponsor your dependent visa anymore. It means you don't have to stay with your spouse for a total of 7 years just so that you can apply for ROA afterwards.
To make sure of this, please visit and enquire from the immigration department.
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Isn't it actually that since 2003 one could not apply for unconditional stay based on less than 7 years stay anymore (so having been married to a permanent resident for 3 years would not make a difference), so most people would opt to apply for the permanent ID after 7 years. But some might still choose to apply for unconditional stay if they don't want to be classified as permanently living in HK (for example NET teachers would lose their housing allowance in such case?).
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Linnalin is correct. Unconditional stay is granted to spouse or unmarried dependent after 7 years of residence in Hong Kong. It was changed from 3 years to 7 years in July of 2003.
If you don't want to have Permanent Residency (PR), you can apply for Unconditional Stay (US) so that you're not dependent on your "sponsor" (may it be spouse or parent) anymore.
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Hiya, I've read your threads. And I have a few questions. My case is similar, but my DV expires next yr but still need renewal for another 3 yrs before I can apply for PR. I want a divorce but this mean I am not eligible to stay after my DV run out. The nature of my job is small administrative role with only 4 staff in HK. Issit easy to change to work visa? If not, should I renewal my DV, and then wait till the 7 yrs is close before I inform them that we are separate?
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Ms Li just helped me get 1 year China visa. Call her if you need China visa. I am SO HAPPY I got MINE NOW. 0086 135 600 73 294 nancygbtx@gmail.com
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amygal,
when you go for renewal of your dependent visa,the immigration department will require you and your husband to sign a form stating that you two are still married and there is no change in status and your husband is agreeing to sponsor you for three more years.
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One issue that did not come up in the discussion is that before one can apply for ROA, one must have resided in HK for OVER 7 years. It appears that the visa ending date is commonly a day before the initial arrival date. Thus even if having a visa that would cover for the stay from now till the 7 years is full, one would need to apply for one more extension before being able to hand in the application for ROA and permanent residence status or unconditional stay (first day when you could legally apply is 7 years + 1 day, and when you hand in the application you have to have valid residence visa - even application under processing does not do). So you would need to still have your partner to sponsor your visa once more (and could not finalize the divorce till that time), or change to working/business/investment status before your 7 years is full.
Happened to me. I had to hand in yet another application for visa extension and wait for that visa, even when my 7 years were already full, and could apply for ROA only some three months later.
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Linnalin you are right but if you complete 7 years from the day you arrive in Hong Kong and you r not away from HK more than 6month continiously, You will get ROA. Same happened with me. So people dont waste your money to hire the lawyers its just trap to earn money.
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