Delay in Dependent Visa (same-sex couple. Neither are refugees)

[galathar]

Hi everyone.

Was wondering if anyone is experiencing delays in getting their dependent visas approved? We submitted my application mid-October, and IMMD asked for some basic supplementary documentation around 15 November, and we gave them all the documents they asked for on 17 November. It is well past the 6-week mark that they said it would take to process it.

Some brief context. I previously held a GEP visa, which expired last October. Thankfully, my partner for 10 years got a new job (he's an investment banker) with a local bank. We have always planned to get married, but because of the timing of his arrival in HK, and the expiry of my GEP visa (I left my old employer), we decided to get a US marriage online. Also, there are significant financial constraints to holding a physical marriage at this point, as he was also supporting his parents in Japan. Also, we did not do it in Taiwan because we are unsure what Taiwan's political future will be like. We don't want the legal framework of our relationship to suddenly vanish if there's regime change. This is the reason why we opted for an online marriage, and we of course provided substantial evidence of our relationship including:

• passport stamps of our travels together
• pictures of our travels
• WhatsApp communication history
• WhatsApp video chat screenshots that date back at least 6 years (we had a brief stint with a long-distance relationship)
• video of our marriage ceremony, attended by 15 witnesses
• and of course, proof of his salary as an investment banker

I called up the case officer handling our case last week, and she just said the usual spiel - "we'll notify you asap". It's a bit frustrating because I also have a potential job offer, but can't start work until I get my dependent visa.

Is anyone also facing delays with their dependent visa (whether you're a spouse, parent, or whatever). Any potential bottlenecks you see in our situation that is causing the delay? A second set of eyes would be helpful!

Thanks!

[newhkpr]

Sorry I don't have anything substantial to write in helping to answer your question.

But I just wanted to wish you best of luck boys!

[mtkl]

Delays are expected when circumstances are not regular. Take refuge in the knowledge that it hasn’t been flat out rejected. Most likely your online marriage and the supporting paperwork has to receive the OK from multiple superiors and/or needs legal advice from lawyers who are already swamped with work.

[galathar]

Delays are expected when circumstances are not regular. Take refuge in the knowledge that it hasn’t been flat out rejected. Most likely your online marriage and the supporting paperwork has to receive the OK from multiple superiors and/or needs legal advice from lawyers who are already swamped with work.

Completely understood! It is more difficult for us same-sex couples as we can't just get married anywhere we want. We can't do it in our home countries, which sucks. But as you said, we shouldn't feel too bad as it likely just warrants further scrutiny. We feel very confident about it and we have nothing to hide, but it certainly is frustrating as other things in the cog are also getting bogged down on our end.

I do recall reading a post in this forum about a few couples doing an online marriage, and didn't really have any issues with it.

[mtkl]

Completely understood! It is more difficult for us same-sex couples as we can't just get married anywhere we want. We can't do it in our home countries, which sucks. But as you said, we shouldn't feel too bad as it likely just warrants further scrutiny. We feel very confident about it and we have nothing to hide, but it certainly is frustrating as other things in the cog are also getting bogged down on our end.

I do recall reading a post in this forum about a few couples doing an online marriage, and didn't really have any issues with it.

I didn’t actually mean the same-sex aspect, but more that it was an “online” marriage and going through WhatsApp and other not official documents / evidence.

The whole question of legality of WhatsApp records in court is a big question, like for example in civil disputes.

Although HK doesn’t recognise same-sex relationships for many purposes, immigration is one of those grey zones that immigration department has OK’ed before, at least for some finance guys I know. Also certain tax benefits and civil servant benefits think will now apply.

Then there is your Taiwan history? Extra checks?

I’m not passing judgement, but any aspect that isn’t the easy-to-fill-in-the-form-and-pay-the-fee, will see head scratching and delays. It’s better than a cold hard “no”, is all I mean.

[ndt]

I called up the case officer handling our case last week, and she just said the usual spiel - "we'll notify you asap". It's a bit frustrating because I also have a potential job offer, but can't start work until I get my dependent visa.

If its any consolation, my experience with ImmD over the years is if they tell you on the phone 'We will notify you asap', you can expect some notification soon, either result or asking for further info/doc etc..

[Beanieskis]

I didn’t actually mean the same-sex aspect, but more that it was an “online” marriage and going through WhatsApp and other not official documents / evidence.

The whole question of legality of WhatsApp records in court is a big question, like for example in civil disputes.

Although HK doesn’t recognise same-sex relationships for many purposes, immigration is one of those grey zones that immigration department has OK’ed before, at least for some finance guys I know. Also certain tax benefits and civil servant benefits think will now apply.

Then there is your Taiwan history? Extra checks?

I’m not passing judgement, but any aspect that isn’t the easy-to-fill-in-the-form-and-pay-the-fee, will see head scratching and delays. It’s better than a cold hard “no”, is all I mean.

I don't think same-sex marriage is a grey area for immigration anymore. There was a successful court case and now the rule is black and white - same sex married couples can get dependant visas, as long as they got married somewhere same sex marriage is legal.

Agree with you that the issue here is probably them getting their head round the legality of an online marriage.

[galathar]

Intriguing. Thanks for the inputs. Under US law, we are legally married, and I doubt they can challenge that as we also provided US government records of it (not just the marriage certificate). I had a friend go through an extended wait as well, and IMMD kept going back to them and they had to explain that their "domestic partnership" was equivalent to a civil union. IMMD really goes by the book it seems.

[shri]

Walk in the shoes of a Chinese or Indian person trying to get a US/EU/UK visa with an online marriage cert.

Will need a little bit more time and effort I assume.

Immd is generally fair and as you said by the book. Newer pages in the book need some more time to digest ...

[galathar]

Is my understanding correct that the 6-week processing time only starts once you've submitted the supplementary documentation if they requested it? Instead of counting from the day you first submitted the application?