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Appling Dependent Visa when Sponsor does not live in HK

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  1. #1

    Appling Dependent Visa when Sponsor does not live in HK

    Hi My husband has HK ID because he was born in HK, but never lived in HK.
    He has US permanent residents and Macau resident too. I am Korean, and my baby born in US. I want to apply dependent Visa in HK but not sure because he does not live in HK, nor he has job in US. I want to stay in HK with baby for couple of years until I get US residents.
    Is there a way I get dependent visa through my husband? Can we just put some address of our friend in HK? Or we have to say we live in US or Macau then it is ok?
    Thank you for advise.


  2. #2

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    best thing to do is to contact immig directly


  3. #3

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    Can he show that he can support you when you stay in Hong Kong? The city is not cheap and he must show he has the money to support you.


  4. #4

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    This has been asked before and the result was no, unless your husband also returns with you. Now you may possibly get a 1 year dependant visa if you say your are moving back but nothing further than that. Refer to HK Immigration.

    From that you get eligibility:

    3. 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 the HKSAR:

    his/her spouse;
    his/her unmarried dependent child under the age of 18; and
    his/her parent aged 60 or above.
    **Note the Join Him/Her

    Next you get the Extension of Stay, the renewal after the first 12 months and note:

    12. A dependant may apply for extension of stay for residence in the HKSAR within 4 weeks before his/her limit of stay expires. Such application will be considered only when the applicant continues to meet the eligibility criteria for entry for residence as dependants and the sponsor remains a bona fide Hong Kong resident living in the HKSAR.
    Now even if you sneaked the first visa you wouldn't get a renewal for second.

    If your husband does come with you then that's a completely different matter.

  5. #5

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    Just let your hubby come to HK with you, rent the apartment in his name, apply for the Visa and finish. Whenever your Visa comes up for renewal, let Hubby come back and sign the document.

    Afaik there is no requirement for Chinese PR's as to the time they must spend in HK to count as resident. They only need to have a place of residence.


  6. #6

    Renting

    Hi Thank you for ur comment. Does he need to rent a place with his name or we can use one of his friend's address? I guess there is no place for rent for short term in HK. Thank you


  7. #7

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    Quote Originally Posted by mrgoodkat:
    Afaik there is no requirement for Chinese PR's as to the time they must spend in HK to count as resident. They only need to have a place of residence.
    Yes there is in the case of sponsoring a dependant. They will need to offer a full explanation of why they are not here. It will be obvious they are not resident. Immigration will demand that information. Don't give the OP false information like this. Immigration will question the applicant/sponser even if they have missed declaring 1 hour out of the territory.

  8. #8

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    @planmaker05: It would be better if you guys rent an apartment in your hubby's name.

    5. An application for admission of a dependant may be favourably considered if:
    c) 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 the HKSAR.
    If you stay at a friend's place than your sponsor is not providing suitable accommodation.

    You should ask an immigration lawyer regarding the details to be on the save side. We don't want you get in trouble with the immigration.

    @Jaykay: I'm not a lawyer but I know of people who did it that way. If the sponsor is Chinese than there is no time requirement to keep the PR.

    Whether or not you have ceased to be ordinarily resident in Hong Kong is determined by your circumstances and those of your absence. The circumstances may include:

    The reason, duration and frequency of any absence from Hong Kong;
    Whether you have habitual residence in Hong Kong;
    Whether you are employed by a Hong Kong based company; and
    The whereabouts of the principal members of your family (spouse and minor children).
    I think fulfilling 2 of the conditions should be sufficient. But she should ask a lawyer to make sure. Maybe the Sponsor coming back twice a year will be enough.
    Last edited by mrgoodkat; 30-03-2012 at 08:21 AM.

  9. #9

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    Quote Originally Posted by mrgoodkat:
    @Jaykay: I'm not a lawyer but I know of people who did it that way. If the sponsor is Chinese than there is no time requirement to keep the PR
    Yes there is. If you look at the forms submitted to Immd it does ask for an explanation for more than 180 days out of HK, which is pretty much the cut off for continuously resident.

    A friend of mine lost his dependant visa as his wife, HK Chinese local PR, was working in Shanghai and only returned once a month. She soon moved back.

    My own wife, and myself, were questioned when we failed to mention a single trip to Shenzhen for a lunch. Had simply forgotten.

    The rules are pretty clear and are enforced. As mentioned the first visa you may get, but you and your sponser will be pulled up for some severe questioning at renewal.

  10. #10

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    i think he means the sponsor will never lose PR, if that sponsor is chinese.... but i really am not sure if that's what he means?


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