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After applying for a Permanent Residence, what happens with mainland wife

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  1. #1

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    Question After applying for a Permanent Residence, what happens with mainland wife

    Dear all,

    For those of you who have the knowledge, I would like to ask something:

    I am a Spanish resident working in Hong Kong for over 6 years now. I married with my chinese mainland girlfriend in 2014, and invited her to Hong Kong as a dependant (she is a dependant under my working visa, since the middle of 2014).
    I was just wondering, if I apply for permanent residence after 7 years, what will happen with my wife (who has been in HK for only about 3 years and half). We also have a baby who was born in Hong Kong one year and half ago, who is automatically a Permanent resident for being a Chinese citizen (mother is Chinese).

    I would appreciate any suggestions from the experts.

    Thanks, and best regards,

    Joan


  2. #2

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    She continues as a dependent of a permanent ID card holder - not sure about the mainland issues, but this is what is normal for the rest of us.


  3. #3

    Join Date
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    Correct me if I am wrong, but she won’t be a pr in her own right till she has resided in Hong Kong seven years as well.


  4. #4

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    I think the issue here is whether a mainland Chinese dependent of foreigners (working in HK on employment visa) are treated differently from Chinese dependents of local HK residents. I don't know the answer, but I vaguely recollect that this is one example where getting PR is WORSE OFF than staying on an employment visa. Aren't there thousands of mainland wifes of local HKers queing up to enter HK, whereas mainland wifes of foreigners working in HK can jump the queue?


  5. #5

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    if you become PR doesnt she have to line up with the rest of the ppl waiting for a one way or two way permit, which ever it is and that can take a long time so some foreigners dont bother changing to PR. hmmmm

    imparanoic likes this.

  6. #6

    Yes. she doesn't need to apply at the moemnt for the one way permit (150 daily quota) if she is already living in Hong Kong legally with a valid visa. She will have to give up her 'hukou' in Mainland when she becomes a HKPR, which also means that she will lose her Mainland ID card, Two way permit(the permit she uses to enter and leave HK and Macau) and Mainland China passport. Those enter HK with one way permits lose their hukou when they enter HK, not at the time after they become HKPR.

    Never heard a formal arrangement exist between Shenzhen and HK about keeping hukou. Know some HK people originally from Shenzhen still having some privileges there being born in SZ to Shenzhen local villagers, but they can't hold a Shenzhen hukou being a HKPR at the same time. They have to use HRP as their ID in Mainland.

    Correct. And her nationality remains Chinese. She can still hold Mainland hukou, Mainland ID card, two way permit and Mainland passport until she becomes a HKPR.

    The issue is on her HK visa. She needs to ask the authorities if she needs to change her visas and documents or not. If she is required to have One way permit, she will have to wait in Mainland until it is issued, may take a few years or quickly. While waiting for the issue, they can visit but not live in HK as visitors with two way permits.

    Entry Arrangements for Mainland, Macao, Taiwan & Overseas Chinese Residents
    http://www.immd.gov.hk/eng/services/...rangement.html

    Settlement

    • Mainland residents who wish to settle in Hong Kong must apply for One-way Permits (OWPs) from the Public Security Bureau Offices where their household registrations are kept.
    • The process and issue of OWPs are administered by Mainland authorities in accordance with Mainland laws, policies and regulations. There is a daily OWP quota of 150 places. According to the laws and regulations of the Mainland, Mainland authorities announced that Mainland residents under one of the following situations may apply for OWP to settle in Hong Kong:
      • His/her spouse is settled in Hong Kong; may bring along children aged under 18.
      • He/she is aged above 18 and under 60 and needs to come to Hong Kong to take care of his/her parents settled in Hong Kong both of whom are aged above 60 and have no children in Hong Kong.
      • He/she is aged above 60 and has no children in the Mainland, and has to depend on his/her children aged above 18 settled in Hong Kong.
      • He/she is aged under 18 and has to depend on his/her parents settled in Hong Kong.
      • He/she is a child of a Hong Kong permanent resident and holds a Certificate of Entitlement


    Residence in Hong Kong
    Residence as Dependants


    • For sponsors who have been admitted into Hong Kong to take up employment (as a professional, for investment to establish/join in business, or for training) or studies (in a full-time undergraduate or post-graduate local programme in a local degree-awarding institution) or as entrants under the Capital Investment Entrant Scheme, the Quality Migrant Admission Scheme or the Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents, their spouse and unmarried dependent children under the age of 18 may apply for entry for residence in Hong Kong as dependants. Under the existing policy, while dependants whose sponsors have been admitted into Hong Kong for study may take up studies in Hong Kong, they are prohibited from taking up employment in Hong Kong unless they have obtained prior permission from the Director of Immigration.


    Note 6:
    With effect from 15 January 2015, the Capital Investment Entrant Scheme has been suspended until further notice.
    Quote Originally Posted by Mrs. Jones:
    Correct me if I am wrong, but she won’t be a pr in her own right till she has resided in Hong Kong seven years as well.
    Last edited by lighthse003; 10-01-2018 at 12:05 PM.

  7. #7

    Join Date
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    Your wife will still be need to live in HK for 7 years to become a PR.

    What you need to confirm with Immigration is if she will be able to extend her current dependent visa after you have become a PR. At that point as others said she will no longer be eligible for a new dependent visa application, as mainland residents can only be a dependent of employment, student visa holders etc.


  8. #8

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    Original Post Deleted

    According to my mainland staff its the HKPR. They won't claim it even though they can.....

  9. #9

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    Once a Chinese national successfully apply for PR, HK Immigration will notify his mainland local hukou authority to automatically cancel the hukou. And once you lost the hukou you can never get it back.

    I think in the past the process was not so streamlined so some people may have been able to get HKPR while keeping their mainland hukou / IDs.

    Last edited by kma88; 10-01-2018 at 03:42 PM.

  10. #10

    Join Date
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    For a sponsor who is a Hong Kong permanent resident or a resident who is not subject to a limit of stay (i.e. a resident with the right to land or on unconditional stay), the following dependants may apply to join him/her for residence in the HKSAR:
    a: his/her spouse;
    This entry arrangement does not apply to:

    Chinese residents of the Mainland of China (the Mainland) [except for those whose sponsors have been admitted to take up employment (as professionals, for investment to establish/join in business, or for training) or studies (in full-time undergraduate or post-graduate local programmes
    You can only sponsor her for a dependent Visa if you have been admitted to HK for employment, i.e. hold an employment visa. As soon as you become a PR your Mainland wife has to apply for a one-way permit. If her Hukou isn't in Guangdong that shouldn't take too long. As soon as she receives the one-way permit she will have to relinquish her Mainland Hukou. She will receive a HRP to enter the Mainland and the yellow "Hong Kong Document of Identity for Visa Purposes" which she can use to travel overseas. After 7 years she will become a PR and be eligible for HKSAR passport.

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