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Does spouse visa require you to reside in HK?

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  1. #1

    Join Date
    Feb 2015
    Location
    Lamma
    Posts
    35

    Exclamation Does spouse visa require you to reside in HK?

    I have a HKID from the employment visa which will expire in Jan and I have recently moved to France for work.

    I will be residing for the next few years in France, and periodically visit Hong Kong.

    I am planning to get married with a HKesse woman. Since my passport needs a Visa to HK after my employment visa is expired, I am thinking to apply for a spouse visa. We will visit each other in the next 2 years, and she will eventually move with me, but we will still visit HK quite often.

    Is it required to reside in HK with a minimum days per year to obtain this visa? I will be visiting HK every 2-3 months for a few weeks.


  2. #2

    Join Date
    Dec 2013
    Location
    Hong Kong
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    12,323

    No minimum required but you probably would not get pr in 7 yrs on such a pattern.

    itsdawn likes this.

  3. #3

    Join Date
    Dec 2002
    Location
    薄扶林
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    47,963
    Is it required to reside in HK with a minimum days per year to obtain this visa? I will be visiting HK every 2-3 months for a few weeks.
    It is rather subjective. There are provisions for working / studying overseas temporarily as long as you can declare that HK is your place of habitual residence. Temporary absence needs to be explained. However, if the spouse remains in HK, then there is a provision for that.

    I'd review this:

    Meanings of Right of Abode and Other Terms | Immigration Department

    A person has ordinary residence in Hong Kong if he/she remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence), whether of short or long duration. That status does not change if he/she is temporarily absent from Hong Kong.

    Whether or not a person has ceased to be ordinarily resident in Hong Kong is determined by his/her circumstances and those of his/her absence. The circumstances may include:

    - The reason, duration and frequency of any absence from Hong Kong;
    - Whether he/she has habitual residence in Hong Kong;
    - Whether he/she is employed by a Hong Kong based company; and
    - The whereabouts of the principal members of his/her family (spouse and minor children).
    Deciding factor seems to be ... did your HK company send you to France, or did you go to France independently to work.
    itsdawn likes this.

  4. #4

    Join Date
    Dec 2002
    Location
    薄扶林
    Posts
    47,963

    Sorry, my reply was in context of the permanent residency issue, while working overseas.

    Dependant visa is a no-brainer.

    TheBrit and itsdawn like this.