On dependant visa and divorced a year before permanent residency?

[periphery831]

If my sister was to get divorced during her sixth year working in HK on a dependant visa would she not be able to apply for permanent residency once her visa has expired?

[shafiq]

She has to stay seven years on valid visa and possess valid visa during the PR application process. Otherwise its not possible to convince the immd..

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[periphery831]

Would you advise I tell them to just stay together till after the PR process?

Will the validity of the process be hindered if my sister states they plan to divorce? As a result, having to lie about being happily married?

[usehername]

She won't be asked anything about her marital status beyond filling in the name of her spouse

[periphery831]

That's great. Thank you.

[usehername]

Incidentally, under normal circumstances a couple can't divorce in hk until they've been separated and living apart for a year. So they could separate now and arrange to divorce after pr has been granted.

[periphery831]

Doesn't the spouse have to sign for the dependant though? Therefore it's entirely up to the sponsor if the dependant can claim permanent residency?

[usehername]

No. Your sister would be eligible by virtue of having lived in hk for 7 years. She doesn't need a 'sponsor' for pr.

[periphery831]

Do you need to apply for separation to make it official?

[usehername]

Nope, she can just leave.

But remind her to make sure she has copies of any paperwork she might need for pr application to prove she's been living here for 7 years (eg tenancy agreements).

However- if you think her husband might make life difficult you should check with immd if a sponsor can get a dependent visa cancelled. I don't think they can, but you could check to be sure.