Dependant Visa for Unmarried Couple?



ORIGINAL POST
Posted by Loyd Grossman is Miss Venezuela 14 yrs ago
You have two choices. 1) get married and get a dependent's visa or 2) come up with the equivelent of HK$6.5m (551,000 pounds) to get in via the Capital Investment Entrant Scheme. That's it really. If you're not married you cannot get a dependent's visa - which is not unreasonable.

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COMMENTS
Loyd Grossman is Miss Venezuela 14 yrs ago
Capital Investment Entrant Scheme


http://www.immd.gov.hk/ehtml/hkvisas_13.htm


If you're that keen, just get married. it will solve a whole raft of problems.

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lil mo 14 yrs ago
You say "14 day visa". What nationality are you? And what training/education/qualifications/work experience do you have?

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tomrus 14 yrs ago
Hong Kong Working Holiday Visa Information


Hong Kong has working holiday agreements with Australia, New Zealand And Ireland


Applicants may be granted a stay of up to 12 months


To obtain a Hong Kong Working Holiday Visa you must :


* Be an Australian, New Zealand or Irish citizen who is holder of valid passport and ordinarily resident in their home country.


* Intend primarily to holiday in Hong Kong


* Be aged between 18 and 30 at the time of application


* Have sufficient funds and return or onward ticket when you arrive in Hong Kong


* Be of good health and of good character


For Information and application forms contact your nearest Embassy or consulate of Hong Kong or The Hong Kong Immigration Department Web Site



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Oski 14 yrs ago
full list with associated quota


Australia (annual quota = 5000)


Canada (annual quota = 200)


Germany (annual quota = 150)


Ireland (annual quota = 100)


Japan (annual quota = 250)


New Zealand (annual quota = 400)

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vak 14 yrs ago
most commonwealth countries nationals used to get 90 day on arrival while the UK nationals were given 6 months. Then it got abused and the HKSAR govt put a lot of checks and systems in place to prevent abuse. not sure what the rules are now??


Many african nationals get a month, Indians get 14 days , Pakistanis need to apply before they leave Pakistan etc etc.


The Immig is usually v rational but given the fact that we now have nearly 7000 mostly ECONOMIC migrants who came in as tourists and have since switched their category to asylum seekers under the UN torture scheme you can not really blame them.


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jaysonmcjayson 14 yrs ago
Hi Jen,


There are so many ways that you could stay here in Hong Kong. Your boyfriend could possibly sponsor you under Fiance VISA. But you have to apply in your Country of Origin or go to Marriage Registry in Hong Kong and apply/set for Marriage Date. You have 3 months to decide if you want to marry your BF or not. But that sufficient enough to go to immigration and show them that you guys are planning to get married and asked them you want to stay here in Hong Kong for wedding preperations etc. They will probably give you 2-3 months VISA. You can change the Wedding Day Ceremony but BE CAREFUL. You cannot use this to trick or lie to HK Immigration. Second option, STUDENT VISA there's a lot of school in Hong Kong. All you need to do is find a school, get qualified and pay the tuition fee. You will pay more because you are foreign student. They will asked you to pay their international student fee. Then go to immigration in Hong Kong or China Embassy back to your Country of Origin and apply your student visa there. I dont know the exact details of the visa process, but you can always go to Hong Kong Immigration in Wan Chai, 2nd Floor and asked the details. Third option, Start your own business here in Hong Kong. You can open your own company but you need to be the Sole Director of the company. Getting a new company in Hong Kong will cost you atleast 2000 to 3000 USD. There's a lot of accounting firm in Hong Kong that sells like a "package". Under the Hong Kong Immigration Law this automatically extend your visa here in Hong Kong. Lastly, JUST GET MARRIED...


Hope I been helpful to you.....Dont worry there's always a way

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kenwin 14 yrs ago
Fiance Visa???????

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jaysonmcjayson 14 yrs ago
There's a lot of foreigner BUYING A COMPANY HERE IN HONG KONG, THAT INCLUDES ME! As long as you are the sole Director of the Comapny and you are already here in Hong Kong. That automatically extend your VISA.

second, my best friend did the same thing "FIANCE VISA" I might used the wrong term but it works! I been in Hong Kong for long years one thing is for sure there's a lot of options that all the expat can explore. Hong Kong Immigration probably limit all this information to the public but it doesnt mean its not accessible. AsiaXpat have created a good channel for the Expat Community. I challenge every people here to give an advice to help individual expat to their current situations.

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Shoe Girl 14 yrs ago
I have to agree with Cara, Jaysonmcjayson. When you say "you are already here in HKG", what does that mean? Immigration Department do not automatically give out visas just because people buy companies. If that were the case, then hundreds of thousands of wealthy mainlanders would be crossing the border daily.


Also there is no such thing as a fiance visa. if partners don't have their own visas they either have to get their own visa, or hurry up and get married and then apply for a dependant visa. And just because you get married doesn't mean that you don't have to prove to the Immigration Department that your marriage is a genuine one and not a sham.


Lastly, I disagree with you that the Hong Kong Immigration limits its information to the public; you only have to look thoroughly at their website and there is a dearth of information there.

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evildeeds 14 yrs ago
cara and Shoe Girl are spot on. There is no, and has never been under the HKSAR, a fiance visa. You are able to get extended visitors visas and that is that.


Bear in mind that the OP is of a nationality that is only permitted a stay of 14 days it is obvious she is not from a country that has a working visa arrangement and extended visitor visas can also be a pain.


Lastly you can buy or create as many companies here in HK that you like. None of them give you any visa in their own right. Visa are granted at the discretion of immigration BASED on business plans, future plans to employ locals, etc. If they think your business plan stink they will not give you light of day.


I assume by the extremely poor English, the insinuation of withheld information from immigration that jayson is the same poster whose posts were deleted from another site for spewing out misleading information.



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Christian Bullen 14 yrs ago
If you are a permanent resident you may have recourse. Have you lived b4 as a common law couple?

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Christian Bullen 14 yrs ago
If the sponsor is a permanent resident I may be able to help you.

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Shoe Girl 14 yrs ago
If you go back to the start of the thread, it says the boyfriend is relocating to HKG in September, so presumably he is coming here on an employment contract and therefore not a PR, unless he already has PR and is returning here, but there's been no mention of that before.

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jaysonmcjayson 14 yrs ago
TO: Shoe Girl - You can dig up information as much as you can in the internet. But I suggest you go to Judiciary Library to confirm your doubts


TO: evildeeds - " I assume by the extremely poor English, the insinuation of withheld information from immigration that jayson is the same poster whose posts were deleted from another site for spewing out misleading information" - BASED ON THIS COMMENT, IT ONLY SHOW WHAT KIND OF PERSON YOU ARE! YOU DONT ASSUME, YOU DONT KNOW ME THAT WELL. I WOULD'NT GIVE THIS KIND OF COMMENT.


TO: cara - The message or advice are not intended to you its for jenniferbarba. It is good that you've been a contributor to asiaxpat since 2003. It something that you should'nt brag about. All of the information that been posted here, is something that might be useful to all the expat community. It's up to individual expat to decide and do their homework.


IF YOU GUYS HAVE A BETTER IDEA, GOOD FOR YOU! POST IT TO HELP THE COMMUNITY BUT STOP THE ATTITUDE IT DOESNT REFLECT GOOD ON YOU.





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kenwin 14 yrs ago
(OMG, I was going to say something, but decided not to...)

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Shoe Girl 14 yrs ago
Jayson,


By Judiciary Library I presume you mean the High Court library. Why would anyone need to go to the High Court library for an immigration query? Maybe to get a copy of the Immigration Ordinance, which is available online anyway. I really don't know what you are talking about.


I think the point Cara was trying to make was that she's been around in HKG a lot longer than you and she may possibly have more knowledge about these matters than you. I don't think she was trying to brag.


Maybe it's you who should lose the attitude.

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Christian Bullen 14 yrs ago
Indeed you would have to go to the HC library if the sponsor was a permanent resident. If we could clarify that outstanding question we might be able to move on to the next step.

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Shoe Girl 14 yrs ago
Christian, the only people who can go to the High Court library are lawyers or clerks from solicitors offices, so even if one were a permanent resident they would not be able to go there.

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Christian Bullen 14 yrs ago
Good Morning Shoe Girl.



I am neither of the above qualified persons and I have one. I am an immigration consultant and I applied stating as much.

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Shoe Girl 14 yrs ago
Dear Christian,

I'm sorry, but I don't quite understand what it is you have. You applied to where stating what?

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Christian Bullen 14 yrs ago
High Court Library card

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Martin Ketteridge 14 yrs ago
Dear Jenniferbarba,


Before when I had a working visa my Employer fired me & notified the Immigration Department of such & whilst I was somewhat peeved I was advised (unofficially) by someone at Immigration to take a ferry to Macau, have a cup of coffee & an egg tart & return on the ferry which I did. Upon my return having spent a round HKD 500 I had a new visitor visa for 3 months. Its not perfect because you have to spend a morning & some money & you cannot work but it allows you to stay legally & if you & your man are not financially restricted it is a good short term solution if u don't want to get married to stay.


Whilst there is a lot of chest beating & pettiness from the regular contributors (particularly the joker who was critical of another persons use of the English language - not really necessary) the upshot is if you don't meet the educational or experience requirements for a work visa then probably marriage & getting a dependent visa from your husbands work visa appears to be the only way BUT if someone has another suggestion I am happy to be corrected. There is also some kind of assisted or preferred migrant scheme but that will mean having significant financial resources & presumably transferring these to Hong Kong.


Sorry to be pessimistic but its the reality of the HKSAR.

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kenwin 14 yrs ago
The 'Macau Run' or the 'Shenzhen Run' is indeed an option. However, if Immigration spot a regular pattern then they could stop you re-entering at any stage. It's a big IF, but not unknown.

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blueyeboy 14 yrs ago
The whole purpose of the HKSAR to have its current visa policy is based on

a) NOT TAKING jobs away from LOCALS

b) NOT Supporting sham contract weddings

c) Having enough funds to not become a burden on the local society.

Even Australia only started accepting defacto relationships for visas about 8 yrs ago.

I would not go with jaysons advice of making up stories of being here for a wedding plan when clearly you are not or even signing up as a student when you really do not in tend to be one. Sound like backdoor methods to me. Why do something deceptive when there are ways from the front door.


If you are just going to get 14 days every time you go in and out its a hassell and they will most likely query you on the 3rd or 4th trip. Dont know which passport you hold as 14 days visas are usually for the high risk countries.


I would come clean and after the 1st trip simply a week after arrival go to HK Immig and apply for an extension of stay.

I have applied for visas as an EMPLOYEE, EMPLOYER, HUSBAND, Father etc and never had any problems with HK IMMIG. Always done the paperwork on my own with no lawyers in between. May take 2 trips more than normal but the staff are v helpful.

Usual Extension of stay is for 30 days and it gets reset if you leave HK during that period. I am sure if you asked for 60 days under a request that you were here to set up the home for your boyfriend they will help. During those 60 days find a LEGAL way of staying here on your own.

I have had family come over in the past and an application for extension of stay on holiday has been treated very compassionately.

As many other contributors have posted. Setting up a co is no guarantee of getting a visa. If that was the case every second person from China would set up a co here and say they want to sell T shirts in Mongok. They need to see how HK benefits from you setting up a business here. If you do have a good business model, there is no minimum investment limit of 6.5 million. I know many people who have changed their employment visas here into self employed types by simply investing 200000 hkd as working capital.

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Christian Bullen 14 yrs ago
Dear All,



If a couple have lived together as common law husband and wife and the sponsor is a permanent resident then you may be able to get a dependent visa.


Christian

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Christian Bullen 14 yrs ago
Yes maybe, but not sure anymore who the end user or beneficiary is. If you are interested take a look at the HKBOR then you will see. Status can mean marital status. Marital status can mean common law marriage.


The issue is discrimination and if the DOI refuses a dependent visa based on the sole fact that the marriage is common law then the decision may be unlawful.


Christian

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blueyeboy 14 yrs ago
Cara, HK Immig treats cases of DH, drivers, cooks v v differently than people who are here as tourists/on what they generically call Executive visas. I agree that extensions for helpers, their dependents, visitors staying with them are given a hard time. That is because many helpers bring their spouses here with a view to finiding a sponsor for a job. If they do not get one in 2 weeks they try for the extension.


I have done the extension of stay on 3 separate instants for my wife's family (Indian Passport holders) members (NON DOMESTIC Helpers) who were given 14 days on arrival at the airport.

For all applications the officer asked us how long would you like to stay. We asked for a month and got a month. It cost about 265 HKD and took 45 minutes.

The last time we did it was in April 2009 and will be doing it again in 2 weeks .

Not sure if there has been an amendment to the rules but I will find out.

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evildeeds 14 yrs ago
"(particularly the joker who was critical of another persons use of the English language - not really necessary) "


Martin, that was me and you are perfectly free to speak to me directly rather than refer "to the joker". Please before you write do take the time to research first and you will then gain a better understanding of my comments. Until then, well free to think what you like.


"If you are interested take a look at the HKBOR then you will see. Status can mean marital status. Marital status can mean common law marriage."


No it doesn't. Immd do not recognise common law marriage. IF you have example of them doing so then please feel free to post them here. I am sure that not only ourselves but members of the Immd will be interested to look at that.

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Christian Bullen 14 yrs ago
Please look at Article 22 of the HKBOR and tell me what you think. We know all too well that the DOI will not deem a common law marriage a real marriage. The question on the table is whether or not they are discriminating against a PR when they refuse a dependent visa on the grounds of status, that status being a common law union.

If they are discriminating (which I think they are) then that decision is unlawful and will be quashed on a JR



Christian


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Christian Bullen 14 yrs ago
will be.

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Christian Bullen 14 yrs ago
With respect, Cara I have to disagree with your approach on this. Immigration rules are just that rules, (policy) and not law so they are very much open to a challenge. Are you up for the task?


Christian

PS. Do you work for the Immigration Department?

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Shoe Girl 14 yrs ago
Christian, Hong Kong Immigration does not recognise de facto relationships. End of story. They will not give dependant visas to de factos. End of story. Now, whether that is discriminatory or not is a matter for this forum. I think you're erroneously giving people the impression that they could be eligible for a dependant visa if their partner is a permanent resident. They are not eligible and until the immigration department changes their view, this is how things will be.


I would like to ask you, as an immigration consultant, have you ever been successful in obtaining a dependant visa for someone who was not married to their sponsor (and I don't mean children or parents here but partners); yes or no?


Secondly, if you've been unsuccessful in getting this visa, have you been successful in getting the decision overturned by judicial review?


If you have, I'd be very interested to know.

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Christian Bullen 14 yrs ago
Dear Cara,


I don't believe I promised anything to anyone. But I will not stand by the wayside and allow the immigration department to split families and otherwise cause great strife as it appeared in the first thread. We are a group of skilled legal professionals some qualified including barristers and help groups. You seemed to be very closed minded on immigration policy and that is why I was wondering whether or not you actually worked for them.


You seem to care for those that do not enjoy the right of abode here but it seems you don't really care to do anything about the obvious injustices.


It is not the end of the story. FYI while an applicant spouse (common law or otherwise) and sponsor is waiting for the final determination which can include a JR the parties may be allowed to wait in the SAR. Perhaps you remember the complete reversal of the DOI's policy on allowing dependents to work?


Christian

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Ringo23 14 yrs ago
"But I will not stand by the wayside and allow the immigration department to split families and otherwise cause great strife as it appeared in the first thread."


That's very laudable but the first thread is about about a boyfriend and girlfriend. No splitting families or great strife involved.

If it's causing her that much trouble, perhaps her boyfriend should stay at home.

I seriously doubt he's being forced over here.

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Shoe Girl 14 yrs ago
Christian, you still have not answered my questions: as an immigration consultant, have you ever been successful in obtaining a dependant visa for someone who was not married to their sponsor (and I don't mean children or parents here but partners); yes or no?


Secondly, if you've been unsuccessful in getting this visa, have you been successful in getting the decision overturned by judicial review?


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Cecilecs 14 yrs ago
Dear Jennifer,


I was in the same situation 4 years ago. My husband (then boyfriend) was based here and I tried really hard to find a job. No luck. I was told every time to re - apply when I had a work permit... No company would sponsor me. (You have to be highly skilled to get sponsored). After 3 months we decided to just get married, as it was all too hard and it put a strain on our relationship (and bank account). It was much sooner than we would have liked to, but at the end of the day it gave me a visa to live and work in HK. I immediately got a job and we are still here and very happy.

I don't know your story but if you and your boyfriend want to live together here in HK you might want to consider tying the knot.... (You'd be surprised at how many couples are "secretly" married here. You are not alone in your situation.) HK is not like most Western countries, there's no common law....that's just the way it is. You and your partner are not protected by any laws in case things go bad.... Maybe you guys could set up some sort of pre-nup...? Anything that might make the decision a bit easier...?

I realize it is a big step.... I'm glad I did it.

Best of luck, I really hope it all works out for you!



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Christian Bullen 14 yrs ago
Dear All,


I do not believe I offer false hope. The immigration department rely on the " that is just the way it is" attitude. The attitude of quitters, if I might say so. Please read Article 22 of the HKBOR before getting so .....well not to put too fine a point on it ...excited. Have a little faith in the rule of law and the various international agreements in which HK is a signatory none the least being the ICCPR.


To put your "fears" / criticisms to rest we have never had a dependent visa granted to any of clients that was not married to their sponsor. But we are close. We have three dozen in the appeal process and the indications so far from the government is that they do not want to fight this in court as they know they will lose. One recent example was a domestic helper client that had worked in HK for 14 years and was granted unconditional stay in exchange for not proceeding to a full JR hearing on the constitutionality of the the amendment made in June 1997 which purported to excluded various groups (FDHs) of our society from being labeled ordinarily resident.


Why are some contributors so bent on being so negative and if someone offers something new is threatened with the ICAC? Thats a bit weird.

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cookie09 14 yrs ago
"HK is not like most Western countries, there's no common law"


just to have made the obvious point: most western countries are NOT common law countries...

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Observer 14 yrs ago
I live in Hong Kong, with my fiancée, who is a Hong Kong permanent resident and who was born and grew up here. I hold a visa that allows me to remain here for 6 months and which is renewed at the end of the period in question. There was a lot of information we had to provide to immigration, basically proving that we are a genuine couple and that we had been together for a number of years (which was easy in our case, given that we lived overseas for many years).


The visa allows me to come in and out of HK as I wish with no questions from immigration (since the visa is not extended each time I return) and is renewed every 6 months, which is a formality. BUT, this visa does not give me the right to work or study here. That will only be allowed when we marry.


We worked with a very efficient immigration consultancy and their advice on this point was crystal clear - you cannot have a dependent visa if you are not married.

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Observer 14 yrs ago
cara - exactly, and the procedures and limitations are very clear, which is why I have serious misgivings, to put it politely, about the comments above from Christian Bullen !

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Shoe Girl 14 yrs ago
Observer, you are indeed very polite in having "misgivings" about Christian.


Whether people on this forum agree or disagree with the Director of Immigration is neither here nor there; the rules are the rules and we have to abide by them, just like we have to abide by rules foreign countries impose on us.


I am rather curious about Christian's comments: "We have three dozen in the appeal process and the indications so far from the government is that they do not want to fight this in court as they know they will lose."


Has the Department of Justice put it in writing that they don't want to fight because they know they will lose? I find this absolutely extraodinary.


Also, if he has three dozen cases on appeal, does it follow that he's applied for 36 visa applications and been unsuccessful every time?


Maybe Christian can enlighten us?

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Christian Bullen 14 yrs ago
Dear Pessimists,


Immigration policy is just that policy and not law. It is open to challenge and it has been successfully done so on several occasions. I am happy to hear and read that you at least agree that some of the "rules " as you put it are not just or fair. That's a start I suppose but really guys you make me think of 1984...the movie

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Observer 14 yrs ago
Dear Christian Bullen,


You have said previously here that you are part of a group of professionals.


Do you consider that it is professional behaviour to boast on a public forum about confidential client cases, especially given that all the applications are (so far) unsuccessful and to loudly anticipate the Government's reaction. When you say:


".. we have never had a dependent visa granted to any of clients that was not married to their sponsor. But we are close. We have three dozen in the appeal process and the indications so far from the government is that they do not want to fight this in court as they know they will lose..."


do you consider that this wins you either credibility or respect?


If you ever have a successful result, then we can talk.....Mind you, you would be in all the newspapers, so you won't even need to come here to tout for business. But I'm not holding my breath.

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Shoe Girl 14 yrs ago
Madtown,


You're applauding someone "who is trying to wrong a right". Please, give me a break.


The whole point to this forum is to try to give helpful advice to people, not to try to give misleading information in an effort to drum up one's business. He has admitted that himself..


If you'd take the time to go back and read all the threads, you'd realise that the majority of people here are just trying to give helpful advice through their own experiences in Hong Kong.


To go right back to the start, the query was whether an unmarried couple can get a dependant visa and it's quite obvious that they can't, and it doesn't matter how much money they pay to Christian's immigration consultants, but they're still not going to get that visa. END OF STORY.


I find your comment about people on this board taking pride in telling others they can't get into the Hong Kong Club completely absurd.

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