See point 2) here: http://www.gov.hk/en/residents/immig...faqroa.htm#/q4
See point 2) here: http://www.gov.hk/en/residents/immig...faqroa.htm#/q4
Don't try and question grunt on visas
I hope the girl is safe and also that she somehow manages to keep hold of her status in HK. Guess it is going to be tough for her. Must be a terrible situation because I would guess it is a great advantage for her to remain a HK resident.
Isn't there any rule regarding the parent of an HK resident child having the right to live in HK? ..Especially if the father is not deemed suitable for custody, as surely should be the case.
No rule, although the judges do have some discretion. I think the best that I have seen is the mother being granted a long term visa without the right to work and the father being required to support his ex wife and child (which didn't end up well as he left HK). I have worked on a couple of these family law matters pro bono and unfortunately not many really good outcomes. She should definitely try to find legal help through St. Johns or other charities if possible and soon.
I'm not 100% sure, but I think there are various cases:
1) Child didn't ordinarily reside in HK for a continuous period of 7 years between ages 0-21: no ROA, no RTL after age 21
2) Child ordinarily resided in HK for a continuous period of 7 years between age 0-21 but not ordinarily resident for 7 years on attaining age 21: gets RTL at age 21
3) Child ordinarily resident in HK for at least 7 years and resident in HK on attaining age 21: can apply for ROA in own right.
knowing that most likely she is going to lose her visa after a divorce, our ex-helper has decided to just separate from the husband. she can only stay at the shelter for 3 months. she can get a job waitressing again, but does not know where/who can care for the 2 year old while she's at work. any suggestions?
the best place to contact would be the st john's helper charity. i think it's called help for helpers or something like that...they may have contacts for your ex helper.
thanks, carang.