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Separated, big problem?

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  1. #1

    Separated, big problem?

    I got married to a HK girl about a year ago and got a dependent visa. We've since separated and my dependent visa runs out on the 30th April. So my work are going to try and get me a working visa. I'm a graduate, and my job is writing in native English so hopefully it won't be too much of a problem. The problem I foresee is that there's a good chance this won't go through before the 30th April.

    The question is, if I don't receive my working visa by then, I'll have to leave the country on the 30th April or I'll be overstaying. So if I go to Macau and come back, will they let me back in on a tourist visa after they see that I had a dependent visa that has expired?

    I really don't know what to do. I can't leave the country until I get the visa because I just can't afford it.


  2. #2

    Join Date
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    Great username BTW.


  3. #3

    Join Date
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    If your company applies for your visa before 30th April, you are fine with staying, but then you can't leave HK till you get your new visa.
    But I am sure Grunt will be along shortly with his advise.

    tinlissie likes this.

  4. #4

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    Firstly, it's you that applies for an Employment Visa - your employer is your sponsor.

    If I were you I would go to ImmD ASAP (i.e. tomorrow) with all the Employment Visa forms and supporting documents and a cover letter explaining your situation, and request to speak to an Immigration Officer to explain your situation and request urgent handling.

    However, if you are paid so little money that a trip to Macau is beyond your means then I wonder if your salary will be deemed sufficient to justify an Employment Visa...


  5. #5

    Thanks for the replies.

    It's not the trip to Macau - it's the hotel and not knowing how long I'd have to stay there. I'm pretty broke because I was living with my ex and had to move apartment unexpectedly and pay out everything I had saved. My salary is 20k, I've heard mixed reviews on whether that's sufficient or not and I don't really know who to believe to be honest!


  6. #6

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    I would imagine your salary makes you a borderline case for staying in HKG.
    Generally the question is, are you doing something that a local can't?


  7. #7

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    The key part of your application will be the supporting statement from your employer, explaining why they must have a native English speaker for the position, and also that since you have now been working for them for X months you now have detailed knowledge of their business and processes that would be costly and slow to instil in a replacement. If ImmD is convinced then $20K should be OK.

    To the specific question, I believe that if you leave before midnight on 30th April then return at, say 1am on 1st May you will be allowed back in as a visitor. No need to stay overnight in Macau. But of course you may not work for your employer (in fact legally I suspect your contract would need to be terminated) until the Employment Visa is granted.

    An alternative would be also to ask ImmD tomorrow when you meet them whether they would grant a, say, 3 month extension on your Dependant Visa whilst they consider your Employment Visa application even though your previous sponsor (your wife) is no longer supporting you.

    Fiona in HKG likes this.

  8. #8

    I'm an English copywriter so native english is a must. Also an english literature graduate..

    Thanks everyone for the replies and Grunt especially, very very helpful. I'll let you know if I'm stuck at the border and you can come and bust me out.


  9. #9

    Join Date
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    As far as I know, if your visa is in process you are not over staying. I was in a similar situation, though on an IANG visa, so I went to immigration department and talked to the immigration officer in charge of my case. He told me that as long as one applies for a visa renewal before expiry, you can stay in HK till they make a decision. If they refuse, then you have to leave within a week (if i recall correctly).

    So the best option will be to go to the Imm D, explain your situation and ask them directly what are your options.


  10. #10

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    Yes - but this wouldn't be an application for an extension - it's an application to completely change the basis on which the OP is staying in HK.

    But like you say - the OP just needs to get down to ImmD and talk to them.

    ecy5maa likes this.

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