Posted by
salseros
16 yrs ago
Hello,
Immigration staff told me that my dependent visa will remain valid even after my husband (sponsor) leaves HK. I explained that my husband has the employment visa, and he is the sponsor for my dependent visa. I also explained that he might be leaving HK sooner or later before expiry date, but I want to remain in HK.
Is this true? Actually I got the same answer twice, but can not relly believe it. My thought is Dependent visa expires once my husband leaves hk and his company imforms the immigration about the termination of the contract.
Please give me advise.
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Yes, it is true. You are allowed to stay in HKG until your current dependant visa expires.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
The employment visa expires either on cessation of employment or when the visa holder leaves Hong Kong. Your right to reside in Hong Kong is dependant on your husband's. Therefore you have no right to remain when his visa has ceased to be valid.
If you wish to stay here, you should apply for an employment visa or an Investment/Employment visa. Please contact our Mr. Kule Kularatne for further assistance. Our initial consultation fee is HK$2,800.
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@weirandassociates.com
www.weirandassociates.com
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Associates, I think you are confusing Salseros here. Yes, once an employment visa ceases you do need to get an extension for it, otherwise you'll be classed an overstayer. Even if this lady's husband leaves HKG, she still is legal in HKG because she has a visa which will allow her to remain in HKG until it expires.
It is no different to someone having a two-year employment visa, then losing their job. THey are still ALLOWED to remain in HKG. They are just not allowed to work for any other employer except whoever sponsored them. So they can stay here in the interim and find another job and then get the new company to sponsor them.
Even though this lady's husband is leaving, she is still allowed to stay in hkg until her visa expires. Once it expires, she will no longer be able to extend it as a dependant, so she will have to either leave or find a job in the meantime and get her own employment visa.
As you work for lawyers, you should be more fully informed of the Immigration Ordinance.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
Once the underlying visa relationship with the employer is cancelled….:"at law”….there is no basis to maintain the dependent visa and it is the duty of you, your husband and the employer to inform the Immigration Department of the change of circumstances.
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@weirandassociates.com
www.weirandassociates.com
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Oski
16 yrs ago
By letter of the law, associates is right. When the employment ends, the employment visa and the related dependent visa technically end at the same time.
In practice, however, both visas stay valid unless an immigration officer cancels them. In the last few years, this almost never happens. Immigration has been very lenient in their enforcement of this particular law. De facto allowing visa holders to stay until the end of the stated visa expiration. However, it is not guaranteed. Every time such visa holder crosses the border, he/she runs the risk that an overzealous border agent can stop him/her and stamp out the visa.
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Visas do not get cancelled, they expire. The answer given by the Immigration Department on two occasions is, not surprisingly, correct.
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