marriage certificate state British national but plan to apply for HK dependant visa

[sleepypiggy]

After looking through several hours about spouse visa / dependant visa on this forum. I would like to ask further question on this matter:

My husband is 3star hk id-card holder & also british passport citizen. I am Malaysia citizen and we were married in malaysia with his nationality stated "British" in our marriage certificate. We plan to move to HK to start a new life in a few months time. Just wonder will be a problem with to apply a dependant visa for me while our marriage certificate had occur some confusing matter here as the chinese goverment do not regconised dual citizenship?

I had wrote to hk immigration dpt but so far no news regarding this matter yet.

As I understand some of u advise I make my dependant visa application before i move to hk. But my husband havent got a job yet. But i think it wouldnt be a big problem as he had a diploma and work experience. How can we show financial stability here? Or i thought bout he work for 3 mths first n only apply the visa for me. Some even say those with not too high salary have a problem for this. Isit true?

For accomodation there isnt a problem as my in-laws left a house at N.T for us to live in. What exact documents do we need to give? Anyone here have any success experience in applying a spouse visa like me?

[Pekkerhead]

Having a permanent ID card here does not mean dual citizenship, your husband does not have Chinese citizenship, he just has permanent right of abode in HK which is different. This matter in itself won't preclude you from getting a dependent visa. I know because my wife is in the same situation as your husband = British Nationality and HK permanent resident.

[PDLM]

No - she said "3 star HKID card holder" - that means that he IS a Chinese citizen (that is what the *** means, to a very close approximation). Non-Chinese Permanent Residents do not have the ***.

[sleepypiggy]

So is there anyone gonna help me to answer my question here? Anyone familiar?

[PDLM]

I can't see why Immigration would have a problem with it. Their only concerns are:
1) Does your husband have the permanent right of abode in Hong Kong?
2) Are you legally and genuinely married?
3) Can he support you at a reasonable level?

I really don't see why they would worry what nationality was stated on the marriage certificate - many many people in Hong Kong hold dual nationality, regardless of what the Chinese law says.

[Pekkerhead]

So how does citizenship differ from nationality? I was under the impression they are one and the same.

My wife has 3 * perm ID, but because she is not a Chinese Citizen/National (she is British) my kids were rejected for RTL. This does not stop her from legally holding a full 3 star permanent right of abode ID card.

[PDLM]

I take nationality & citizenship to mean the same thing in this context. So it seems that your wife is one of the few people who do not have Chinese citizenship, but do have the 3 stars - I didn't say it was an exact match, just a very good approximation. Would it be fair to say that she has the right to Chinese citizenship were she to renounce her British one? Perhaps that is a better way of characterising the ***.

[Pekkerhead]

blimey, that was quick!!

That could be. She was born in Tai Po and has a Hong Kong Birth Certificate. She only got her British Nationality when her family moved to the UK (she was 9 months old at the time), so in that respect what you are saying makes perfect sense.

It's very frustrating, I am pretty sure the rules changed for RTL very recently as my daughter's teacher, who is Pakistani (but born in HK), had no problems getting RTL for her children about 5 or so years ago (she had moved to Pakistan but then decided to come back to HK to teach). She was convinced they (our kids) would qualify, but alas, the Director of Immigration says otherwise.

Anyway, thanks for the quick response. Oh, and sorry to sleepypiggy for the hijack of the thread.

[Pekkerhead]

actually I should add, for the benefit of sleepypiggy that I was in the same situation as you. We came over and just waited till my wife got a job before applying for dependent visas. Once that was done the dependent visa was very quick and there were no issues at all.

[sleepypiggy]

so that means u guys advise my husband move back to hk first and get a job for like 3mths b4 applying the dependant visa for me. Yea, that was what I was thinking. I was worried that the chinese goverment would want my husband to choose british / chinese citizen when they see our marriage certificate. As that is an official documents announce to them that he have dual citizenship. Hmm..that worries me a bit.