Extending Dependent Visa during COVID-19

Reply
  1. #1

    Join Date
    May 2020
    Posts
    3

    Exclamation Extending Dependent Visa during COVID-19

    Hello,

    I am a 22-year old Canadian passport holder with a dependent visa expiring in June. My visa is dependent of Hong Kong permanent resident and I first applied when I was under 18 years of age - this would have been my 3rd time extending my dependent visa.

    Due to the COVID-19 pandemic, I am unable to be physically present in Hong Kong within 4 weeks to apply for Extension of Stay. However, if I were to re-apply past the my visa expiry date I will be considered a visitor and will need to wait indefinitely until the borders open up for visitors again.

    What would be the probability of approval for my extension of stay after the June date, especially since I am past the age of 18 at the time of re-application. I have contacted the Immigration Office and mentioned my concerns, however they said they will have to determine case-by-case, highlighting 2 options:

    1. Flying to Hong Kong and authorizing someone to apply for my extension while I am quarantined for 14 days.
    2. Arriving as a visitor, post-pandemic restrictions and re-applying.

    In your opinions, would the global pandemic be a legitimate reason as to why I was unable to come back to Hong Kong to extend my visa?

    Thanks for all your help - I am very worried.

    Last edited by Tangie; 23-05-2020 at 02:53 AM.

  2. #2

    Join Date
    Dec 2009
    Posts
    4,932

    1. Fly back now and get your sponsor to apply on your behalf.

    How long have you been out of Hong Kong?


  3. #3

    Join Date
    May 2020
    Posts
    3

    @emx

    The last time I was in Hong Kong was July of last year for a short vacation. I am currently doing my undergraduate degree in Canada.

    My sponsor is not in Hong Kong currently.

    Last edited by Tangie; 23-05-2020 at 07:30 AM.

  4. #4

    Join Date
    Jan 2010
    Posts
    3,782

    If you are over 18 you will not be able to reapply for a dependent visa if your current visa has expired. You must apply for an extension before it expires. I'm assuming you are a dependent child and applied as a minor.


  5. #5

    Join Date
    Mar 2010
    Posts
    180

    You need to apply on line before you come back.
    You will also be denied entry to HK if you are within 14 days of your current visa expiring. You probably have less time left than you think.
    You need to decide how important HKPR is to you. There is no guarantee that any exceptions will be made because of the pandemic.


  6. #6

    Join Date
    Jun 2017
    Posts
    36

    Hi Tangie,

    1. From the point of view of you acquiring Right of Abode, the Immigration Department has zero discretion: if your visa runs out, you cease to be ordinarily resident, and your seven-year count goes back to zero. (The law provides a "de minimis" exception if you have a very short break in visa validity, but that's all).

    2. If you don't care about right of abode and just want a resident visa, you could try relying on their discretion. However be careful: there's no guarantee they'll do what you want.

    3. They may refuse an extension if they decide you haven't *actually* been ordinarily resident in Hong Kong throughout the validity of your previous visa (you say your most recent entry last summer was a "short vacation"). They're pretty relaxed about university students being abroad for extended periods, if their sponsor is residing in Hong Kong, but note the *sponsor* must state how much of the past 12 months they spent outside Hong Kong and give reasons[*].

    I hope this explains the way your case may be processed, and helps you make a decision — good luck!
    [*] See https://www.immd.gov.hk/eng/forms/forms/id481a.html