Can a torture claimant in HK marry a HK resident?

Hi... I am trying to find some help for my friend and came accross this web site... I just hope you could help us as we really need some help and advise...


My friend is a tortue claimant and his claim is on going now... Now, he has a gf who is a HK resident and they are planning to get married in a few months from now...


My questions are as follows:


1.) Are they allowed to get married here in HK even if he is a torture claimant?


2.) His passport is with the HK authorities but still not expired... Can he request to have it for identification purposes when applying for marriage in HK? OR what are the things that they have to do for then to get married?


3.) He is planning to withdraw his claim if needed just to get martied here in HK is that possible?


4) If he withdraw his torture claim just to get married... Will they detaine him for deportation to his homeland?



5.) If he will go home just to get married in his homeland and be back to hk as dependant of his wife.. Can he go back immediately as they are afraid to stay for so long there as his life and maybe his new wife will be in danger...?

6.) can you pls. Give us some advise in order to help my friend...


They just want to get married and start a new life... But hk laws and persecution in his homeland are making it too diffucult for them...


Thank you for your time and hopefully you could helo my friend and hir gf...

Hong Kong law does not prohibit a torture claimant from getting married to a Hong Kong resident. Please also refer to the website of the Immigration Department for the marriage procedure: http://www.immd.gov.hk/en/faq/marriage-registration.html.


Regarding identification documents, an individual may request the Immigration Department to provide either a certified copy or a letter of identity. It is not necessary nor is it suggested for him to withdraw any legitimate torture claim as he is likely to be ‘forthwith deported’ to his country and his torture claim will be automatically dismissed.


One point to be noted is that it is likely that his visa has expired as in the case of most asylum seekers. More information from him is needed to advise him on his right to stay. Mere marriage to a Hong Kong resident does not guarantee nor is it an entitlement to residency in Hong Kong. The Immigration Department will be only focused on a determination whether this is a genuine marriage or not. If it is satisfied with the genuineness, a dependant visa may be issued at the sole discretion of the Immigration Department.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw

His relationship with his fiancee is genuine.. And his fiancee is ready to support him all the way... If the Immigration Department proves that they are telling the truth..Do you think there will be no problem anymore?. Would his torture claim.. Or previous overstay of 2-3 weeks will decriment his application of dependant visa?

Hi, sponsor should provide all the relevant documents requested by the immigration. If sponsor can furnish all the documents and prove the marriage than there will be no problem .