Child borne overseas to HK PR but with different ID



ORIGINAL POST
Posted by CWL 14 yrs ago
An intriguing situation indeed, but help or advice is urgently needed and much appreciated, as my visa expires in 3 months and not sure if I can apply for legal aid about this…

I am an Indonesian and presently with a domestic helper visa in Hong Kong. I was married to a HK PR in Indonesia and now divorced. My daughter is now 7 and she wants to be in Hong Kong for her best interest. My ex-husband had refused to help her in any way, despite pleading from his sister who is still in close contact with us. I have approached Immigration office and got positive answer regarding her resident status, since she was borne to a HK PR aboard and he was never a resident in Indonesia. But the sticky issue is that the Indonesian Marriage and birth certificate shows a slightly different name based on his Indonesian ID. Without any co-operation from him, the burden of proof on us is so gigantic and seemingly impossible. None of the Indonesian document in hand show his exact HK name, ID or passport no. His sister suggested us to bring her to HK and just “dump” her with him. Is this the only way? My heart aches so much just contemplating the likely traumatic circumstances that she may be facing! Is there a possible legal way to give my girl a better future that she is entitled to, or should we just give up dreaming….?


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COMMENTS
CWL 14 yrs ago
I am so grateful to your advice, Beancurb. I didnt know we can apply by post. Yes i hope my sister in law would help. I feel so shameful to tell you that my ex doesnt even want to speak to his daughter. But i will keep trying like you said, may be one day he will change his mind.

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Shoe Girl 14 yrs ago
CWL, I'm afraid that the advice given by Beancurd, whilst trying to be helpful, isn't right. The only person who can apply for a dependant visa for your child is her father, not the sister-in-law, and if the father doesn't sign the form as the sponsor, you can't get past first base. So I would not even waste my time posting an application to the Immigration Department.


Just out of interest, is your ex-husband of Chinese descent, or did he get his PR here through 7 years of being resident here?



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CWL 14 yrs ago
He is of Chinese descend. He had refused to sign the paper too. Hence the problem. :(

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CWL 14 yrs ago
Thank you so much again Beancurd, especially for the warm encouragement you had shown me. Supporting letter from my ex is out of the question, if he is co-operative in any way, I would have my daughter next to me already....sad isn't it? Anyway I will definitely try and put the case forward with Immigration, no matter how little hope it gives us.

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