Posted by
cassy27
16 yrs ago
We are hoping to apply for permenant residency in September as we will have been in HK for 7 years but now there is a possibility my hubby may be laid off. Do we need to be employed to apply for permanent residency. I have two kids who also want to apply and they are both at Uni in the UK but come back every holiday. Any advice
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Our present workng visa expires in September but if my husband gets laid off won't the company inform the authorities and therefore cancel his visa,
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If your husband is laid off your company will need to inform immigration and this will indeed effect you PR application if this is done before September. It would be worth investing in professional advice in this regard so if he is laid off you know what options are available to you.
I do hope he keeps his job and you are successful in you PR application. Good Luck with it.
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You'll need to check, but I think your working visa end date means you can remain in HK until that date and therefore it wont affect your PR application, even if laid off. Best to call Immigration. My experience is that they are really helpful.
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Even if your husband gets laid off, you can still remain in hkg until the actual visa expires. It just means that your husband cannot work for another company unless he gets the approval of the immigration beforehand. His visa will not get cancelled per se; he just cannot work for anyone else without getting the approval from the Director of Immigration. You are free to remain in hkg until the date that is on your visa chop.
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I thought generally you had to be employed as your seven years is on a visa basis, also Immigration ask for the original copy of your Company's audited accounts at the time of your application, and an employer is supposed to inform immigration when you cease to work for them. However putting all that aside Immigration puts alot of emphasis on the the fact that you have made Hong Kong your permanent home and your own financiallstanding will taken into account when considering your application.
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No, you don't have to be employed; you just have to be ordinarily resident in HKG. THat's why dependant spouses who do not work but have been here legally for 7 years can also apply for PR.
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If he is laid off then his employer is expected to inform immigration of the change of employment status for tax reasons, holding back last pay until any tax owing is cleared. After that, he is cleared to exit HK. During that process it is clear that the visa basis has come to an end.
The two options are to find a new employment sponsor in the meantime or rely on current employer to go slow on the whole process, only cancelling the employment in the eyes of immigration once the visa has run it's course.
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How long does it take to do the paperwork and get the PR. Could we fill in the paperwork say one month before our 7 year requirement as my daughter will be going back to Uni 2 weeks before her 7 years and I understand you have to be in HK when you apply for residency. We would also have to leave our present home and stay in a serviced appartment until residency is granted
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No, you cannot do it one month before like you would when you extend normal visas; you have to wait until AFTER the 7 years have passed. Yes, you have to be physically present in HKG when you apply. It doesn't matter where you live as long as you're in HKG.
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Shoe Girl you are correct that dependents do not have to work to get PR, but their visa's is based on their husband/wife's employment visa, and without employment you are technically here as a vistor, and Immigration will consider this before they grant a PR which these days is not necessarily automatically granted!!
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Joie de vivre,
Yes, a dependant's visa is based on her spouse's visa, but you are incorrect to say that without employment you are technically a visitor. This is NOT the case. Once you have a valid visa on your passport, even if you stop working, you are permitted to remain in HKG until your visa expires. So for example, if you just had your visa renewed for another year, then you quit your job or you got fired, you are legally allowed to remain in HKG for the remainder of the time. You are not allowed to work for another employer without first obtaining the approval of the Immigration Department, but you can stay in HKG legally until your visa expires. This is a fact.
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So now I am confused we actually arrived in HK at the end of August 2002 but our working visa was dated end of September it was for one year then another three have been issued each for 2 years the last one runs out on 29.9.09 which will be 7 years. If we have to leave on the 29.9.09 how can we apply for PR if we have to be in HK for the application but out time would have alreaqdy run out?
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Cassy, the 7 years starts from the start of your visa, not when you first arrived in HKG, so you have to wait until the end of September before you can apply for your PR.
You said at the start of the thread that there's a possibility your husband will lose his job. Am I assuming that he has not yet lost it? You may be worrying over something which may not happen.
Also, are you working? If you have a job, you can switch over and be the visa holder and your husband can be the dependant.
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Shoe Girl
You are commended on your advise and knowledge, hope our comments have helped!
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cassy - when you get to the end of September just apply for a visa extension for each of you while the PR application is being processed. This is how many get around this part. Getting approved for this through immigration will not be a problem. And as Shoe Girl has said, if you are working maybe your company can sponsor your visa?
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Thank you sooo much for all the information its been a great help. I don;t work so I don;t have the option of being sponsored. I am hoping that hubby will still be employed and we will be able to get our PR as it would be ashame not to get it as we are so close. I am sure we are not the only ones in this position given the present economic climate and all your information will help others with the same problem. Thank you all once again - Cassy
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Sorry for restarting an old thread but it came up when searching for permanent residency discussions.
I'm keen to stretch for 7 years continuous HK residence to get PR status but as things stand will need to leave HK after 5 years. My visa expires in a year's time even though will leave HK before end of 2011. I own property so can I still claim to be habitually resident if I hold onto the property? Am I best to discuss specific situation with immigration? Does settling final tax bill act as a trigger to stop the 7 year clock ticking? What if I get another role in HK before my current visa expires? Tooooooo many questions!!
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Hello everyone,
It seems this thread has not been active for a while, not sure if it is still followed. Nevertheless, I'd like to share my situation in case someone has some advice.
I'm currently on the verge of being laid of by my company but I'm very near to be eligible for a PR. Indeed I have entered HK under working visa on 8/13/2005 and therefore will be able to apply for PR from 8/14/2012. During this period I could stay under working visa extension, however my current extension will expire on the same day I can apply 8/14/2012.
I have doubt my company will apply for a visa extension as a "favor". I would like to know if this could be problematic and if I should exit and re-enter Hong Kong so my condition of stay is under tourist visa before I submit my application to the Immigration?
Thanks a lot in advance for any input you may have,
With best regards,
Benjamin
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Your visa expires after a full 7 years so shouldn't be a problem. Also, I think you may be able to file your application a few week or so before the 7 years is up. Go to Immigration and ask them. They are very helpful. Don't do the tourist thing until you have checked with them. They will probably extend it automatically whilst your application is being processed.
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As I have mentioned in another thread, just gather your supporting documents (bank statements, mortgage/rental documents, tax returns, etc.) and apply for PR before your work visa expires (maybe a month before). As Loyd mentioned too, don't do the tourist route...
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ayyar
13 yrs ago
we complete 7 years on nov1st 2012. my husband's working visa is already extended until sept 2014. I need to know if we have to wait until nov2 2012 to apply for the PR or can we put in the application earlier in september since his working visa is extended until sept 2014.
advice on this will really help. thank you
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You will need to wait until November to apply.
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Hi all,
Just wanted to drop to let you know that I picked up my Permanent ID last week and the whole process took approx 6-8 weeks after submission of the application (7y and 1d after date stamped on my first working visa).
Thanks also to everyone who have anticipated in enriching this thread it was very useful to me.
All the best,
Benjamin
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lzhk
12 yrs ago
Hi Bensai,
May I know if you submitted your PR application before the date of 8/14/2012? Have you got an extension of your work visa while you were waiting for the approval of Permanent ID? Many thanks
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Hello Lzhk,
Actually, things went out better than expected as my company extended my working Visa. Also, I submitted my application on 8/15/2012, just to make sure.
That said, from my experience with the immigration, they are quite consilient and understanding. You just need to be transparent with them and they will try to do their best to help.
All the best,
Ben
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