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On dependant visa and divorced a year before permanent residency?

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  1. #31

    The visa expires as soon as the divorce is finalised? As she and her boyfriend are only starting to think about living together, they have no proof of a relationship.

    My sister could apply for a work visa as she is an English teacher but she was already denied 5 years ago as she only has a higher diploma and teaching certificates.

    What would be the best course of action?


  2. #32

    Join Date
    Mar 2012
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    4,821

    I don't believe the visa is withdrawn, so it still expires on whatever date is printed on it.

    I think her best course of action would be to try again for the employment visa, particularly if she has been working with one school for the last 5 years - they should be able to make a better case to keep her now.

    I wouldn't recommend going into a rushed marriage simply to try to get a visa.


  3. #33

    Join Date
    Mar 2013
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    2,454
    Quote Originally Posted by periphery831:
    The visa expires as soon as the divorce is finalised? As she and her boyfriend are only starting to think about living together, they have no proof of a relationship.

    My sister could apply for a work visa as she is an English teacher but she was already denied 5 years ago as she only has a higher diploma and teaching certificates.

    What would be the best course of action?
    The visa wouldn't be withdrawn if she got divorced, it would run until it expired.

    If she married the boyfriend and applied for dependent status IMMD would look very closely at their relationship (*how* closely would depend on the nationality/skin colour of the people involved). I presume they have emails/texts/holiday photos etc to show they have been together? It wouldn't necessarily require a co-signed lease, joint bank account etc especially given she was married to someone else during the relationship.

    However I agree with Grunt, try again for a work visa. Relying on the boyfriend a) still being around by the time she needs a visa, b) still being willing to marry her to help her get a visa and c) not turning out to be a twat is a big risk to take.

  4. #34

    That's great help guys. Thank you.

    So even if she got divorced she would still be able to stay in HK till her dependant visa expired? I will head to immigration tomorrow to clarify.


  5. #35

    Join Date
    Mar 2012
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    That is my understanding, yes. If that visa runs past the date when she will have been here 7 years then that's all she needs to apply for PR.


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