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Scenario: obtaining permanent residency but one year to go?

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  1. #1

    Join Date
    Oct 2012
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    Scenario: obtaining permanent residency but one year to go?

    Have been looking casually at plans to exit Hong Kong and a possibility popped up for my other half to be transferred to a much more attractive location, which may also be a better location for me job-wise, too.

    Our situation: Oct. 2019 will get permanent residency. We're here under his work visa. Our current visa is about to expire and will pretty soon get renewed.

    1. Would there be any way to pursue this job transfer possibility and yet still somehow get the permanent residency?
    2. Would it be possible for me with a dependent visa to perhaps stay behind and keep working in HK until the end?
    3. If I had a dependent visa and my spouse didn't, would it be possible for us to return to Hong Kong with my permanent residency and him with a dependent visa?
    4. Has anyone heard of negotiating with their work to split the their time in two locations, so that they are here in Hong Kong a certain amount of time over the next year, but still working abroad some of the time?

    I can't see how it could work, but man, the possibility is really good, so very interested to hear ideas.

    MandM! likes this.

  2. #2

    Join Date
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    I think option 2 is doable. I'm not really sure it is worth it - do you want to come back to Hong Kong for a job that wouldn't sponsor? But if it is useful, then option 2 should be feasible I believe.

    If you pursue option 2, then option 3 opens up at the future if you prove you can support him.


  3. #3

    Join Date
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    Option 2 would only work if you can convince immigration that your husband is still resident in HK, you will not get HKPR without him also being eligible.

    Another option is to get a work visa here in your own right and that will see you through to PR.

    toni_celin likes this.

  4. #4

    Join Date
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    I like HK, TheBrit doesn't. So you're gonna have different responses there.

    I would stay and get HKPR. TB has a valid point, would you come back if an employer didn't sponsor you. I guess it depends if you intend to be an employee your whole life or run your own show. I prefer the freedom to do whatever I please to.


  5. #5

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    the acid test is ordinarily resident with explained absence, therefore if the overseas work can be arranged with some period of time in Hong Kong, and there is household here, with continuing rental of flat, payment of bills, etc. it's risky but possible. If away for the whole year without any "home" trips to Hong Kong, it would be very difficult to justify ordinarily resident. and then it will depend on the discretion of the officer on that day.

    Elegiaque and jaykay like this.

  6. #6

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    What if income is being earned abroad, even if "holiday" time or even some working time is spent here? (And still have a rental contract and bills...)

    I'm not sure I could get a dependent visa in my own right, though I could try. It's been nice not having to need that. Can I legally work with my dependent visa if the spouse is no longer earning an income here and maybe not present?
    @JAherbert if we are rejected, what happens if we try to apply again? Is it similar to the China visa office, where you simply pull out your second copy with a slightly different version and queue up again?

    If I understand, once our visas are renewed for this final period, he could even quit his job and we don't need to worry about visas anymore. Is that right?

    I don't think we'd give up getting permanent residency this close. It's hard to say, though, what we want out of it long-term -- I guess just the option, even though we feel unsure that "permanent" really means permanent in this political climate.

    Thanks for the information.


  7. #7

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    Quote Originally Posted by Elegiaque:
    @JAherbert if we are rejected, what happens if we try to apply again
    I can't say, the Immigration website or a quick call might answer that.

    Regarding overseas income, does it matter? you will stay, presumably working with local income anyway. It is a matter of persuading ID that Hong Kong is your only home, you only live here not elsewhere, you have a lease, pay your rent, pay your phone bills, electric bills, etc. for seven years continuously. in your case it's not guaranteed, it's risky.
    Elegiaque likes this.

  8. #8

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    It seems from the feedback that it is essential I stay behind to maintain a household here, then.


  9. #9

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    Too many people born and raised here. Permanent but not 3 stars. I don't see them getting kicked out. So I do see permanent as being permanent.

    Overseas income doesn't matter. In fact not much is needed to get PR and the application is a cursory review of your 7 years here. I'm sure some people are looked more closely depending on their passport.


  10. #10

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    My colleague got PR in HK having never actually lived here. Had a work visa for 7 years. Rented various tiny places. Came every few weeks for a week or so. Actually lived (illegally) in Thailand. Anything is possible if you make it look plausible.


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