Can Dependent Visa be denied?

Hi everyone i have this situation and hope you can help. Thanks very much in advance.


I'm a permanent resident here in HK. My boyfriend is currently working here in a company on a work visa and the work visa will expire in May 2010.


Besides his routine work he has taken up some freelance works which have been found out by his company recently.


No actions have been taken by his company but we suspect that his company may fire him or keep him until the work visa expires. Either way my boyfriend does not intent to stay in the company long anyway.


I understand that the company has an obligation to inform the Immigration Department when the work visa expires. If the company fires my boyfriend or my boyfriend quits before his work visa expires, I suspect that the company may also inform the Immigration Department that my boyfriend has worked for other people (the freelance work) besides the company during the work visa period. I understand that this is a breach of the condition of the work visa.


We do plan to get marry in the near furure. If the company does tell the Immigration Department about my boyfriend breaching the condition of his work visa, will his dependent visa (which should be granted to him automatically if we get married, right?) be denied? My boyfriend plans to start his own business in Hong Kong, and having a dependent visa would make everything more easier.


Many Many thanks!

Can Dependent Visa be denied?

yes, any legal request can be denied.


"I suspect that the company may also inform the Immigration Department that my boyfriend has worked for other people (the freelance work) besides the company during the work visa period."


this is possible, but not very likely. It is not in the company's business interest to do so. His company does not have a legal duty to police your bf's personal activities, and thus does not have a legal obligation to tell the authorities everything it knows about your bf. If the company will do it only if someone really hates your bf, since he is not fired immediately, it is unlikely the case.


even if HK immigration finds out about the illegal work, it is unlikely to deny your bf dependent visa after your marriage. it sounds like your bf's freelance work was found out by his employer, not caught by authorities, and not prosecuted. even if you company "tells" on your bf, the immigration still does not have legal proof that an illegal violation has happened. In legal proceedings, what someone "knows" and what can be used as "legal evidence" are very different things.

thanks very much oski!

Triggerfish,

Dependant visas do not become automatic just because someone gets married to a HK Permanent resident.

then what are the conditions for obtaining a dependant visa?

You have to fill out the forms and apply for one and if you meet the criteria, it will be approved; if you don't meet the criteria, it will be rejected. For example, if you're a HK permanent resident and you're declared bankrupt and have no income, then you marry someone, your spouse will not get a dependant visa because you have no means of supporting her/him.


Someone on a dependant visa has to be dependent on whoever the sponsor is and that means financially. So even if you're not bankrupt but you have a poorly paid job, you will not be able to sponsor any dependants.


Triggerfish, I notice your original thread was nearly a year ago. What's the situation with your boyfriend?