If possible to get permanent resident status?

Dear Freinds,


Want to know if possible to get permanent resident status for my wife and son(born 1999) under this situation....


my wife/son 's got dependent visa first time on 1998. (so more than 10 yrs till now). After that renewed their visas twice for 3 yrs period as usual. At one time my wife's visa valid till Dec 2006 and my son's up to May 2005 (due to short passport validity period) - normal case.


Usually my wife/son return to hk to renew their visas before visa get expired. But Mar 2003 both left HK and they fail to re-enter HK before the visa expired (wife Dec 2006/son may 2005) hence the visa becomes expired.


Secondly, since the visa expired, I re-apply visa for both wife/son last year (2008 june) and immigration approved the application without asking anything about their previous absent or visa matters and allote the same HKID for my wife.

Now I have applied PR for both on Mar 15, since no reply from immgration I went to immgration office few days back to follow up the case and officer dig the old break of visa story, of course. and officer told me that he won't count years 1998 - 2006 as ordinarily stay in HK and suggesting me to withdrew the application (but not forcing me to do so and they might refuse to accept later on ). I found that they are more concern about the breaking of the visa not about the absence in HK. I mean if my wife/son enter the HK before the visa expired officer might count the years from 1998, as ordinarily residing in hk to make up 7 years or more to be eligble for PR. But it seems they start counting from 2008 june, i.e. secondtime they approve the dependant visa.


Sory if I'm not explaing clearly , to re-cap :


visa has 2 parts:

1. visa from 1998 to dec 2006 (this period is in-valid since they didn't re-enter HK before dec 2006)


2 visa frm 2008 june till now


Will they accept any kind of excuse to count the stay form 1998 instead of 2008 June onwards


THANKS IN ADVANCE


Ravi

I'm afraid not. To qualify for permanent residence you have to prove to immigration that you have taken HK as your sole place of residence for 7 continuous years. Now there are 2 compelling reasons for immigration to reject this.


The first is your wife left in 2003, so less than 5 years into the visa and did not return, hence she has not taken HK as her sole place of residence. Usually absent time from HK over 180 days needs to be explained for visa applications / PR. I'm also a little confused about dates. If you got the original visa in 1998 then it would have to be renewed in 1999, then 2002 with an expiration of 2005.


Now add in the expiration of the original visa in 2006 and a 2 years absence. Again no PR applied for previously and no residency. So I am afraid that you do not have much of a leg to stand on in this case. Just start again and make sure that there are 7 continuous years of residency.

I very much doubt it based on my own experience.


I came out in '93 on the standard British passport visa which was maintained punctually.

Spent 13 months traveling around Australia between '95 and '96 then came back to HK.

Again, received the British visa with no problems.

Applied for PR in 2001 but was turned down for the 13 month absence, although I'd spent a total time of 7 years in HK. I tried to argue that I'd maintained a HSBC bank account and had always intended coming back, ;-), but that was to no avail.

If I'd maintained a valid visa whilst abroad, or been sent on a work placement by a HK company, I may have had a case, but I didn't.


There was, however, no problem when I re-applied in 2003.

Ravi, in one word, no, I'm afraid.

Thanks for replies


To Ringo23 : You meant to say that you manage to maintain the visa from 1993 ? i.e.Did you re-enter HK everytime before the visa get expired to re-new thew visa? so no need to apply as new application.


for one thing is sure, there is always exceptional case with immg. one of our Dubai boss (holding indian passport) got business visa on 1990 to establish the company here, and he always enter HK before his visa get expired. and 2005 he applied for PR and of course immgration refused to accept, then he appeal then he got it. mater is how to conveince the immigration.

He never stay more than 10 days during his every visit. And If I count his total numbers of days he stays during his last 7 years(1998-2005) it won't exceeds even 60 days. SO again EXCEPTIONAL..

Ravi - I'm a UK citizen so we were entitled to a one year working visa upon arrival at Hong Kong immigration prior to June, 1997. Simple to renew at Immigration tower without having to leave the country and if you did leave and re-enter, you got a new 1 year visa, not a continuation of the old one.

I too know both are not eligible for PR. What makes me to try is, one lawyer told he can try HIS WAY. The same lawyer is my inspiration to apply for HKSAR passport during 2005. As eveyone told me that, without speaking at least very BASIC chinese( I dont speak/understand chinese) , no way to naturalized to chinese and the same laywer told me the same, no way to get , but he added he can try HIS WAY. so I think there is still possible to fight back for PR. just looking for just one person/only one person who won this case, under any ground medical or whatsoever


regards

Finally I recd' leter from Immg to elobrate the reason, so i gave medical letters/certificate to please my case. lets see how it works

Finally I recd' leter from Immg to elobrate the reason, so i gave medical letters/certificate to please my case. lets see how it works