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Dependant visa renewal problems

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  1. #1

    Join Date
    Oct 2009
    Posts
    2

    Dependant visa renewal problems

    Hi.,
    I got married with hk girl on 2007 after we apply dependent visa for me.,
    my first visa i got on apr/2008 to apr/2009 1 year.
    after second renewal i got apr/2009 to apr/2012 for 3 year
    now i need to renew after 6 months ,
    Now my question is i have problem with my wife now a days sometime we planning to divorce also. So if i get divorce before renewal i lost dependent and can't renew my visa right ?
    Ok if i divorce after the visa renewal is it affect my visa?
    And can i get permanent id after 3 years (in divorce condition)?
    By the way i running my own trading company and making monthly 20-25k net profit.,Is this can help any of the situation like change visa status.,
    Hope i get replay from someone.,


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,207

    You can only get an extension if your circumstances remain unchanged at the time you apply for the visa, so you cannot apply for an extension of your Dependant Visa if you are divorced before April 2012. If you are granted an extension and then get divorced the visa continues until the expiry date on it. The visa is not withdrawn.

    I believe that if you get a 3 year extension then you would be able to apply for Right of Abode (PR) at the end of that period, provided that you have remained resident in Hong Kong and paid all your taxes.

    Your other option would be to apply for another type of visa in your own right. If your trading company employs other people (HK permanent residents) then I think you would have quite a good chance of getting an Investment Visa, or an Employment Visa sponsored by that company. But the process is not trivial and requires you to produce a business plan and full accounts for your business. If you have a lawyer/accountant as your company secretary then they may be able to help you with this; alternatively you might consider engaging a Visa consultant such as VisaPro to help with the application. Obviously a requirement is that all the paperwork and taxes etc for your company are correct and up to date.

    Dick_In_Peak likes this.

  3. #3

    Join Date
    Oct 2009
    Posts
    2

    "I believe that if you get a 3 year extension then you would be able to apply for Right of Abode (PR) at the end of that period, provided that you have remained resident in Hong Kong and paid all your taxes".
    Thx for your replay., And i don't understand the red part can you explain more.
    Suppose to be i get 3 years extension and i get divorce.And at the end of my visa period that is apr/2015 my visa going finish again. So is it i need to apply my PR on mar/2015 ?
    If i get rejected what can i do ? So i need to arrange something before that?
    or at the end of period i need to change visa status?
    Really appreciated your Answer.


  4. #4

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,207

    If you get an extension to April 2015, then you can apply for PR in the month before your visa expires. If you have been ordinarily resident in HK for the full 7 years and can prove it to ImmD's satisfaction then you should be granted PR. To get PR you must show that HK has been your only home for a continuous period of 7 years.

    Dick_In_Peak likes this.

  5. #5

    PDLM ,are you saying that he can still apply for permanent residency even if his wife divorces him ?.....I see that you have answered that more than 7 years ago.If yes are the rules same now ?
    ..
    Lets say afrar gets another 3 year visa extension to april 2015 ..but his wife divorces him on 2013 ..can he still apply for PR prior to his visa expiry on 2015 ?

    looking for your asnwer PDLM ..thanks a lot in advance ..I have a relative in a similar situation

    Last edited by Dick_In_Peak; 22-08-2012 at 10:14 PM. Reason: not complete

  6. #6

    Join Date
    Mar 2012
    Posts
    4,821

    The rules haven't changed in the last 7 years in this respect. If you have valid visas to live here and do actually live here for 7 years continuously then you can apply for PR.


  7. #7

    Join Date
    Sep 2007
    Posts
    4,012
    Quote Originally Posted by PDLM:
    ;1755029]If you get an extension to April 2015, then you can apply for PR in the month before your visa expires. If you have been ordinarily resident in HK for the full 7 years and can prove it to ImmD's satisfaction then you should be granted PR. To get PR you must show that HK has been your only home for a continuous period of 7 years.
    Quote Originally Posted by Dick_In_Peak:
    PDLM ,are you saying that he can still apply for permanent residency even if his wife divorces him ?.....I see that you have answered that more than 7 years ago.If yes are the rules same now ?
    ..
    Lets say afrar gets another 3 year visa extension to april 2015 ..but his wife divorces him on 2013 ..can he still apply for PR prior to his visa expiry on 2015 ?

    looking for your asnwer PDLM ..thanks a lot in advance ..I have a relative in a similar situation
    Quote Originally Posted by Gruntfuttock:
    The rules haven't changed in the last 7 years in this respect. If you have valid visas to live here and do actually live here for 7 years continuously then you can apply for PR.
    A'ha, the worst kept secret on Geo is finally confirmed!
    Last edited by Stoob; 22-08-2012 at 11:59 PM.
    WMDS likes this.