Petition

[trish1234]

Hi guys! I just want to ask you some questions regarding immigration status and other things.

My dad is a permanent HK resident for almost 15 years. He is a Chinese national. He is planning to "petition" us (my mom and I), there in HK.

How long will it take before the petition gets approved? Can he simultaneously petition us? Granting that the petition has been approved, will I immediately be granted the rights and benefits of a HK resident like the right to be employed, etc. and will I also immediately become a permanent HK resident?

I am actually having double thoughts whether or not to leave my country (Phils). I do not know if I will have a good opportunity there in HK considering that I know nothing about the language (Cantonese, Mandarin). Also, I am not into the IT or medical field although I have a college degree in a reputable school here in our country. What are the chances for me to get a job there considering this limitation?

Furthermore, if the petition gets approved, can I postpone the date of my arrival there in HK? If yes, for how long?

I hope you can answer these queries. Thank you very much.

Any comment will be highly appreciated. Thanks a lot!

[Pekkerhead]

It's not often a visa question goes unanswered here so perhaps your info is not clear enough - or maybe you are asking too many questions. By 'petitioning' do you mean sponsorship for a dependant visa?

I am not sure that a parent can sponsor a 'grown up' child for a HK residency visa, because effectively you are no longer a dependant. At least that is my understanding, I could be wrong.

If your Dad is Chinese (holds Chinese Passport) and didn't take any foreign nationality before/at the time you were born, you might qualify for Right to Land. This requires at least one of your parents to be a 'Chinese Citizen' (the definition of which can be found on the ImmDept website).

To be honest your situation is not the typical scenario that most people could answer here, so I would suggest you just go ahead and email the immigration department.

Anyway, perhaps if anything, my post will prompt somebody else to chip in with something useful for you

Sorry I can't be more help.

[PDLM]

As I read it (i.e. as Pekkerhead says, your father is considering sponsoring you and your mother for Dependant Visas in HK) then I agree with what Pekkerhead says.

If you are over 21 then there are no grounds for you to get a Dependant Visa. If your parents were married at the time you were born, and your Dad was only a Chinese/HK national at that time, then you might be able to get Right to Land (and if you did you could come and work, study, etc freely). The best course is to email [email protected] explaining your specific circumstances and asking for their guidance on what you might be qualified for, if anything.

For your mother, if she is married to your father then yes he can sponsor her for a Dependant Visa. He simply has to show the validity of the marriage and the fact that he has the financial means to support her. The Visa would normally be granted in 4-8 weeks, but the timing varies a lot case by case. Once granted, your mother would have the right to work, study, or anything in Hong Kong. She would not have Permanent Resident status - she would get that were she to stay resident in HK for 7 years continuously on a Dependant Visa.

[trish1234]

It's not often a visa question goes unanswered here so perhaps your info is not clear enough - or maybe you are asking too many questions. By 'petitioning' do you mean sponsorship for a dependant visa?

I am not sure that a parent can sponsor a 'grown up' child for a HK residency visa, because effectively you are no longer a dependant. At least that is my understanding, I could be wrong.

If your Dad is Chinese (holds Chinese Passport) and didn't take any foreign nationality before/at the time you were born, you might qualify for Right to Land. This requires at least one of your parents to be a 'Chinese Citizen' (the definition of which can be found on the ImmDept website).

To be honest your situation is not the typical scenario that most people could answer here, so I would suggest you just go ahead and email the immigration department.

Anyway, perhaps if anything, my post will prompt somebody else to chip in with something useful for you

Sorry I can't be more help.

Thank you very much for your pieces of advice, PDLM and Pekkerhead. I am so sorry that I do not know the right term for "petition". Anyway, it might actually be dependent's visa.

I am already an adult. My father has always been a Chinese national and a Hongkong Resident ever since I was born. It was only now that he decided to let me and my mom stay in Hongkong for good.

So what about my case? I am already in adult, and I had only landed in Hongkong in the past few years holding tourist visa. Will I have a good chance of being granted a dependent's visa? Will dependent visa entitle me the right to land, considering that my father is a HK Resident?

Should I be entitled with RTL, will I be compelled to stay there in HK for a minimum period of time?

However, should I not be granted, what is the next possible step or remedy? I am actually hesitant to work and stay in Hongkong that what I am only after for is the HK ID they might be granting to me in the future (hopefully).

Hope the story is much clearer now. Sorry guys, I just really get confused with these terms because I am not familiar with them.

Just advise me on which is actually which. So that by the time I land in Hongkong, I'll know what to do.

Thanks a lot! God bless!

[PDLM]

I think you have a lot of things confused. I can't see why you would want a HKID card if you don't want to live in Hong Kong. There is no other purpose for a HKID. It is not a travel document.

As an adult you cannot get a Dependant Visa on your parents, of that I am certain.

I can't really add any more to what I said above

If you are over 21 then there are no grounds for you to get a Dependant Visa. If your parents were married at the time you were born, and your Dad was only a Chinese/HK national at that time, then you might be able to get Right to Land (and if you did you could come and work, study, etc freely). The best course is to email [email protected] explaining your specific circumstances and asking for their guidance on what you might be qualified for, if anything.

except that I guess you might be able to apply for Chinese citizenship, although this may depend on where you were born and it will almost certainly not be possible if your parents were not married at the time of your birth.

Again, I can only suggest emailing Immigration, explain your situation and ask whether you might be eligible for Right to Land or Chinese Citizenship.