Is "resident" partner of "permanent resident" expat also entitled to "PR" status?

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  1. #1

    Is "resident" partner of "permanent resident" expat also entitled to "PR" status?

    My partner and I are both "residents" expats. She is eligible for "permanent resident" status. Once she has it, does the partner also become eligible for PR status?

    If so, does this only apply to married couples or also people living common law? If only to married couples, if we got married, would it then apply? Or is there a waiting period?

    If partner isn't eligible at all, are there still benefits? For instance, could PR partner sponsor other partner's visa (ie, if that partner not eligible for work visa)?

    Basically, the idea is one of us will get PR and we're wondering if any way to fasttrack PR for other partner (ie, rather than waiting for second partner to be here seven years). Getting married could be an option if that's a prerequisite, although otherwise we're not in a rush.

    Have been living together for five years, unfortunately Hong Kong doesn't seem to grasp the concept of "common law" partners (or "basic law" partners ).


  2. #2

    Join Date
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    The PR status is independant of being a dependant.

    Summary of http://www.immd.gov.hk/ehtml/hkvisas_1.htm

    First the dependant of a permanent resident is classified as:

    1. his/her spouse;
    2. his/her unmarried dependent child under the age of 18; and
    3. his/her parent aged 60 or above.
    End of story .. do not get into a battle with the government about common v/s basic law -- it is also pretty counter productive to moan about it.
    [quote]
    Next there is an exception which *may* be exploitable...

    An application for entry to take up residence as a dependant may be favourably considered if:

    1. there is reasonable proof of a genuine relationship between the applicant and the sponsor;
    2. there is no known record to the detriment of the applicant; and
    3. the sponsor is able to support the dependant's living at a standard well above the subsistence level and provide him/her with suitable accommodation in Hong Kong.
    So, yes, under exceptional circumstances your partner can sponsor you for a visa, but as several people have noted ... you might need to show that you're on your way to the altar.

    Also, no you cannot fastrack the PR application ... atleast not that I'm aware of...

  3. #3

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    hi,

    >My partner and I are both "residents" expats. She is eligible for
    > "permanent resident" status. Once she has it, does the partner also
    > become eligible for PR status?

    No

    >If so, does this only apply to married couples or also people living
    >common law? If only to married couples, if we got married, would it then
    >apply? Or is there a waiting period?

    Still no, but you can apply for depenadant visa

    >If partner isn't eligible at all, are there still benefits? For instance, could
    >PR partner sponsor other partner's visa (ie, if that partner not eligible for
    >work visa)?

    for a married couple - may apply for dependant visa, a dependant visa
    does not entitle you to work, study, or conduct voluntary work

    > Basically, the idea is one of us will get PR and we're wondering if any way
    > to fasttrack PR for other partner (ie, rather than waiting for second
    > partner to be here seven years). Getting married could be an option if
    > that's a prerequisite, although otherwise we're not in a rush.

    Makes no difference

    > Have been living together for five years, unfortunately Hong Kong doesn't
    > seem to grasp the concept of "common law" partners (or "basic law"
    > partners )

    correct, however you could try if for example you had a wedding date set

    Last edited by JAherbert; 23-02-2006 at 05:04 PM.

  4. #4

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    Quote Originally Posted by JAherbert:
    >If partner isn't eligible at all, are there still benefits? For instance, could
    >PR partner sponsor other partner's visa (ie, if that partner not eligible for
    >work visa)?

    for a married couple - may apply for dependant visa, a dependant visa
    does not entitle you to work, study, or conduct voluntary work
    Wrong. In this circumstance, a Dependent Visa that is acquired through being married to a Permanent Resident DOES allow you to work. I'm sure I've corrected you on this before. Please stop repeating the mistake.

  5. #5

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    ummmm.... errrrr.... PDLM you might want to recheck that...


  6. #6

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    you might be right PDLM... On one hand section 38 is silent on the employment front....

    RESIDENCE AS DEPENDANT

    "38. For a sponsor who is a Hong Kong permanent resident or a resident who is not subject to a limit of stay (i.e. a resident with the right to land or on unconditional stay), the following dependants may apply to join him/her for residence in Hong Kong:

    his/her spouse;
    his/her unmarried dependent child under the age of 18; and
    his/her parent aged 60 or above. "

    but in the FAQ's it says ...

    "What is Hong Kong's new policy on dependants performing voluntary work?

    A6: Dependants have to apply for permission to work whether paid or unpaid. Applications relating to voluntary work in recognized charitable organizations will be considered favourably on a case by case basis."

    Hmmm... anyone here with first hand experience settle this please !

    Last edited by wanderer; 24-02-2006 at 02:09 PM.

  7. #7

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    I have, and I am correct. I really don't understand why so many people have trouble understanding this.

    Look here: http://www.immd.gov.hk/ehtml/hkvisas_1.htm
    at Q.38 and Q.39. It is clear that only dependents who are admitted under the circumstances of Q.39 are not allowed to take up employment.

    It is very, very simple:

    If you are dependent on a Permanent Resident (or person with Right To Land, or Unconditional Stay) then you may work.

    If you dependent on a non-permanent resident (e.g. someone on an Employment, Education, Capital Investment Entry Scheme or similar visa) then you may not work.


  8. #8

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    But look at this (penultimate section): http://news.gov.hk/en/category/lawan...223en08002.htm

    The government has announced that they will remove again the restriction on dependents of non-permanent residents working - but no effective date yet.


  9. #9

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    thank you ** ... for urrr ... emmm... your clarification and contribution


  10. #10

    Thanks for the fast turnaround and detailed discussion.

    So, in summary:

    1) If I want PR, I have to earn it myself.

    2) If I have to leave HK before I get my PR, then when I come back my partner can apply to sponsor me as a dependent if we're married.

    3) If are not married, however, could still try an application, but sounds like it is unlikely to succeed as HK government wouldn't recognise our common-law-spouse history in another country.

    On the latter point, is there any movement or debate in HK about its lack of recognition for people living together in common law relationships?

    I notice that the government makes a point in Q.39B e) of mentioning that its policy "is consistent with international practice", citing "other major developed economies" such as Canada.

    Well it certainly isn't in line with Canada and many "other major developed economies" on the issue of common law relationships.

    So does the government have anything to say about this? Does it care? Does anyone else care?

    I'm admittedly not committed enough yet to HK to start up a campaign to pressure the government on this, however if there were such a movement already afoot, I'd happily lend my name/support to it.

    Considering the number of expats in HK, as well as the number of locals who have lived abroad in Western countires, I'd find it hard to believe there aren't people interested in this issue. Am I wrong?


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