Posted by
isac
15 yrs ago
Can somebody help me please.
I got married to my wife and that's how I got the dependent visa and HK Resident in July 2004.
Now I'm in the edge of getting divorce with my wife. However,my visa will expire in Feb 2013.I would complete my 7yrs stay in HK in July 2011.If I get the divorce with my wife now, does my visa get cancelled and no longer I'm allowed to can stay in HK?
Can somebody help me with the confusion.I love HK so do not want to leave.
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Your visa will not get cancelled; you just won't be eligible to apply for an extension as you're no longer dependent on your wife. As your visa does not expire until 2013, and you would have completed your 7 years in 2011, you will be okay. Apply for your permanent residency in August next year and you will be okay.
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I'm just wondering what (if any) visa your wife is on here in HK - or is she a local? If she's here on, say, an employment visa herself, and she left her job then her visa would probably be cancelled...and as your DV is linked to her EV then your visa would also be cancelled. I think.
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Visas don't get cancelled, they expire (unless you go to prison and then get deported). Kenwin, your information is wrong.
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I don't think it is...but I admit that it wasn't 100% accurate in every situation. The EV can be cancelled if Immigration have been informed about the termination of employment (which is a legal requirement), and the DV will follow on from that. When would it be cancelled? If and when the visa holder left HK. If and when he/she then re-entered it would not be on the original EV/DV that has been cancelled. Unless the rules have changed in the last 3 years (and I haven't seen any advice regarding that) than I can personally vouch for that.
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We are talking about two different things here. If you have an employment visa you are tied to your employer who is sponsor. So if you lose your job, you cannot work for someone else unless you apply to the Immigration department and ask them for permission to work for someone else. But if you don't want to get another job, you can still remain in HK until the date your visa chop expires. You just can't then get an extension, because your conditions have changed. So if your visa expires in say, 2012, and you've lost your job, yes you are not allowed to work for someone else, but your visa does not get cancelled as such. So in this particular situation, the same applies to a spouse whose visa is dependant on the employment visa. He or she is allowed to remain in Hong Kong until the current visa expires. I think that is what the question on this thread was about, whether he could remain in Hong Kong until the expiry of the visa, which he is allowed to. In the meantime, the 7 years will be up and he can apply for PR.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
When you divorce your wife, the marriage comes to an end. Therefore, you can no longer be considered a dependant of your ex-wife. Hence, the dependant visa is no longer valid regardless of the chop in your passport. You should consider visa categories if you wish to stay in Hong Kong and gain your PR. We are very knowledgeable in this area should you need assistance.
Weir & Associates
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Tel : 2526-1767
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email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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Associates, I''m sorry but your information is incorrect. Yes, once you get divorced you are no longer considered a dependant, and you would not be eligible to apply for an extension of your visa once it expires, because the conditions under which you got it have changed, BUT you are perfectly able to remain in HKG until the chop in your visa says you can stay. Unlike domestic helpers who, once they lose their jobs, have 14 days to get out.
Now ISAC's 7 years are up in 2011 and his visa says he's allowed to remain in HKG until 2013. To be eligible for PR, you have to prove that you've been ordinarily resident in HKG for a period of not less than 7 years. It's not dependent on you working or being a dependant. It's purely that you have made HKG your place of residence.
Therefore, he can legally remain in HKG and apply for his PR when it's due.
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Shoe Girl is indeed correct on this. The OP is entitled to stay in HK until his visa expires as a resident. As he will pass the 7 years of residency he will indeed be eligible for PR when it comes up.
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why are you asking for advice on a internet forum when you could call the immigration department and ask them? 2824 6111 You don't have to give them you name and HKID when asking for general information .. .
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vak
15 yrs ago
I was asked a related question last week and perhaps some here could help as the rules would apply to any in a NON DOMESTIC VISA situation.
An asian couple living here with their 2 yr old child.
Hubby is employed and has a employment visa in a large corporation. Wife came as the dependent and kid was born here a few years ago.
Hubby is working towards abandoning the wife and kid and has created a scenario for her to return to her place of origin. Sent her on the holiday and has not made any plans for her to return/does not want her to return.
She wants to know her options in case she she wanted to stay here and raise the kid here .
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Immigration also look at your tax records so if the period from your divorce until your eligible date for PR shows any income from HK, there maybe trouble. Obviously, as you're not allowed to work, how can there be any income?
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Weir & Associates, the lawyers are correct…..once the underlying marriage visa relationship changes….”at law”….there is no basis to maintain the dependent visa and it is the duty of you and your wife to inform the Immigration Department of the change of circumstances.
In this case, a dependant visa was issued by the Director of Immigration on the basis that the husband was dependant on the wife. The dependency is tied to the relationship of husband and wife. When that relationship comes to an end by a divorce, then the husband is no longer a dependant of the wife. Hence, by operation of law, a dependant visa cannot be supported and it comes to an end on the date of divorce. The fact that the Dependant Visa holder is ON THE FACE OF IT allowed to remain until the date of expiry stated in the visa endorsement does not mean that he has a legal right to stay after the divorce; if you took the divorce papers and your passport to the Immigration Department, they would cancel the visa. This is a legal question, not anecdotal.
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So for those who have gone through this and gone on to get PR it was all wrong? It never happened? As to the poster on here quite a while back who did the same thing and went through everything with immigration including getting an extension after his divorce, that didn't happen too? Seems to be far to many people trying to milk some money out of this!
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I wonder if Affiliates has some sort of relationship with Associates, or perhaps is the same person with another user name, and is also trying to milk some money out of this for Weir & Associates.
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Or perhaps they know what they're talking about.
Flyboy has the best idea. Contact immigration.
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jery
13 yrs ago
hi, i am here married in HK with local man and the problem now is ,i still not 7 ys yet to have my PR,like the 1st visa i have for 1ys and 2 visa is 3ys,and now i have my 3st visa actualy the immigration will give me the other 3ys,but at the time my passport going to renew so ,the officer just give me only for 1 and 1/2 ys,and the visa will finish on last of 2012,so i going to have divoce now ,it's passible i still stay in hong kong and i can continew my stay ,and how with the PR that i have right to apply? ,i still have job as now,and my salery is good for sport my self,please anyone can help me to out from this.
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