Work Visa to Dependant Visa - Marriage of Convenience Question

xxpinay · 24-03-2011, 01:49 PM

Friend has been on a work visa for 6 years. It will be 7 years in December. He got laid off in November 2010, but his visa isn't up till June 2011 so he has stayed here. In a desperate attempt to stay here, he has entered into a marriage of convenience with a permanent resident here. His dependant visa will be given to him in May.

My question is: if he changes his status from a work visa holder to a dependant visa holder, will he still be eligible to get his permanent residency in December? Or does the timer for 7 years start all over again? Thanks in advance for all your help, greatly appreciated.

PDLM · 24-03-2011, 01:57 PM

So long as the Dependant Visa is granted before the Employment Visa expires then he will be eligible to apply for PR in December. Of course, he still has to persuade ImmD about the genuineness of the marriage in order to get the Dependant Visa. They may not be straightforward. It took nearly 3 months and several visits to Immigration Tower for me to persuade ImmD that my marriage was genuine, and that was with photos going back nearly two years before the marriage.

xxpinay · 24-03-2011, 02:01 PM

Thanks for the quick answer PDLM. I think the question of the marriage being genuine won't be a problem, because they dated for a few years and they have proof. It's a marriage of convenience for him, but the woman thinks that it's real.....

So once he gets PR it's OK to start divorce proceedings? Is there a risk of PR being revoked??

Skyhook · 24-03-2011, 02:13 PM

I'd be a lot more concerned about getting caught defrauding the HK immigration department if I were your friend, which will include jail time for both parties of the sham marriage and deportation for the guy.

Why do we need people like this in HK ? If I were you I would inform the IMD of what your law breaking friend is upto and do the right thing, otherwise if more people like you turn a blind eye to criminals, before you know it this place will be a festering crime hellhole, like many other poverty stricken Asian cities.

DON'T TURN A BLIND EYE TO CRIME !

jimbo · 24-03-2011, 02:21 PM

Has to be said, Your friend is a scumbag for doing this.

Fiona in HKG · 24-03-2011, 02:22 PM

Originally Posted by xxpinay:

It's a marriage of convenience for him, but the woman thinks that it's real..... So once he gets PR it's OK to start divorce proceedings?

If I was that woman, I'd be doing everything in my power to help Immigration get rid of his sorry ass, though once the PR is granted, not sure how easily it can be revoked.

MovingIn07 · 24-03-2011, 02:27 PM

Goodness. What an awful person. I hope immigration catches him and throws him in jail. Poor woman!

PDLM · 24-03-2011, 02:29 PM

Originally Posted by xxpinay:

So once he gets PR it's OK to start divorce proceedings? Is there a risk of PR being revoked??

Yes in principle (although getting divorced within the first year of marriage requires special permission from a court). Note also that the starting point for contested divorce in Hong Kong is that the wife will be entitled to half of his assets when they get divorced.

And yes there is always a risk if ImmD decide that his application for the Dependant Visa (and hence his PR) was fraudulent.

And as the other's have said, using the woman like that is despicable.

pin · 24-03-2011, 02:31 PM

This this "friend" you?

Your "friend" sounds like a douche. Hope the woman works out what is going on and divorces your "friend" ASAP, i.e. before your "friend" can get his dependant visa.

xxpinay · 24-03-2011, 02:37 PM

Originally Posted by pin:

This this "friend" you?

Your "friend" sounds like a douche. Hope the woman works out what is going on and divorces your "friend" ASAP, i.e. before your "friend" can get his dependant visa.

Pin, I am a female permanent resident - born and raised here. He truly is a friend of mine.

Everyone, agreed that this is horrible but the woman has previously been in a sham marraige before. She proposed this idea to my friend knowing that everything was over (and has been over for a few years now) between them. Sorry for lacking details in the first post, but in some way I can say she knows what she is getting herself into, I believe she's in denial though... Anyway, thanks for the quick replies.