Hong Kong Marriage Question

My girlfriend and I are getting married. She is currently on torture claim paper visa due to previous over stay. I am holding a hong kong permanent residency ID card.


I believe legally there won't be any problem for us to get married in Hong Kong. Just wondering if anyone has idea how long the process will take for her to withdraw torture claim, reclaim a valid Indonesian passport (her current one hold by immigration is expired), get the spouse visa and residency status after we legally married?


As our actual wedding will be held in late April next year in Thailand, if she is not able to obtain the spouse visa, I'll have her withdraw the torture claim now, and we get married in another country and I can apply for her spouse visa when she is not in Hong Kong, which she at least will have her passport to travel.

it's case to case basis and will depends on the IO that will look at her documents. if her passport has expired, they'll give her travel document which she can use going out of HK to her home country. then she can just apply for a new one there.


Spouse Visa means dependant visa right? I hope she can, it really depends. I just know some people who overstay, not with torture claim.


But one of the penalty for overstaying is being banned in HK for few years. For torture claim, I know she gave reasons why she doesn't want to go back to her home country. and like staying in HK for safety and security. Penalty will be based on that.


If you will apply her a dependant visa after you got married, she miust be in HK. also she should stay in HK for 7years with renewing of visa from time to time, in order for her to become a PR later.


you should try to seek advise with lawyers who are expert with immigration procedures.

Sam, I don't think your girlfriend is on a torture claim visa, there is no such thing; she is being allowed to stay in HK on her own recognisance until her torture claim is assessed. It's quite a common phenomenon for people who have been arrested for overstaying in HK to try to avoid deportation by making a torture claim and they're allowed to stay here until the CAT office can hear their claim. I suspect that if your girlfriend withdraws her torture claim, she will then be asked to leave HK as she's an overstayer. If she has no passport, how is she going to leave HK? Also, if she does manage to leave HK and you two get married in another country, she may be refused entry if she tries to come back because she was an overstayer. Also, just because you've got a HK permanent ID card, don't assume she will be given a dependant visa automatically.

You or girl friend should go to legal aid or get 'proper' legal advice; very complex area.