Dependent VISA and travelling back to origin

[carn1x]

My work experience being what it is, I am probably going to be using a marriage VISA in order to move to HK and be able to work. This isn't a marriage of convenience, I am going to HK to be with my girlfriend, however let's just say the marriage date could end up being sooner than expected due to the VISA situation!

Anyway, I'm wondering what rules might apply to being able to work on a dependent VISA, as well as being able to travel back to the UK and not affect either my dependent VISA or possibly 7 years for PR?

Is there a maximum amount of time I can leave HK for, i.e. individual trip, or total days per year?

EDIT:

Also, do I have to remain resident in HK for the entire time waiting for the dependent VISA to come through? I imagine I will have to show my face at some points for interviews etc, but is there a legal requirement that I have to stay in HK for the entire wait? This will of course require my would be wife to support me entirely financially for the duration of the application process, which would likely be less ideal than being able to return to the UK for 2 months work.

Thanks

[Hairball]

Sure you can travel back to the UK if you want, I don't think this is a problem. However in order to qualify for the right of abode, you have to show that your primary residence for the 7 years is in Hong Kong. There doesn't seem to be much written in stone though. Although I have seen people that you can't be away for more than 6 months in a year.

[PDLM]

Yes you can work freely in Hong Kong once you have the Dependant Visa. Note though that the word is "Dependant" - in order to get one, your sponsor (i.e. your wife) needs to be able to show that she can support you financially. From your later comments it appears that this may not be the case, which may make your case somewhat harder. Are we right in assuming that your wife (to be) is a HK Permanent Resident, or is she here on a visa of her own?

You can travel freely during the application process. You can also travel freely if/when it is granted. Note though that it is granted for the purpose of you taking up residence in Hong Kong. If you maintain a home somewhere else and spend more time there than in Hong Kong then you may have difficulty proving 7 years continuous residence to Immigration when applying for PR. Absolute number of days out is not an issue though - during a couple of my 7 years I was out of HK far more than I was in it, but I was travelling round the region on business and my only residence was in HK so that wasn't an issue.

[carn1x]

I'm sure my girlfriend would be able to support me financially for the application process, but it would always be more beneficial for me to be in UK working whilst the application is going through.

However I suppose she has to prove that she is able to cover my entire living through her own employment ad infinitum? While I can understand they wish to use this as a method for screening people trying to simply use marriage to get a fake work VISA, however in my case it would be the opposite. My main reason for wanting to live in HK would be my girlfriend, but that this could only be possible if I can also get a job here, as her job would unlikely cover the "support me financially ad infinitum".

Any tips on how to lessen the impact of her low-salary? We are talking around $10k p/m here.

Thanks again

[PDLM]

Yes, strictly that is the criterion for "Dependant". That is what the word means - you could depend on her to support you. HK$10K a month is, as you realise, not sufficient to do that.

And you don't have the experience or skills (languages included) to get an Employment Visa so what makes you so sure you'll be able to find a job here anyway?

I can see that ImmD might well be very sceptical about all this.

Have you considered the alternative of her moving to your home country if you would be able to support her there?

[carn1x]

I have a Bachelors Degree 2:1 and my friend has recently just walked the same path, i.e has the same degree as me (however got a 1st), married a HKPR (my girlfriends cousin!), got a dependent VISA and is now working in HK. I believe he has maybe 1-2 years IT experience (the focus of our degree), which I am also lacking. I also believe that his wife's salary is not much more than my girlfriends, however they have been provided residence for which they do not need to pay rent for. I'm fairly sure my girlfriend and I could also cite that we already have a place of residence which would lower our living costs substantially (courtesy of her parents), would this be taken into account during the Dependent VISA application process?

[PDLM]

Yes, absolutely - provision of a place of residence is one of the key factors. If you haven't read ID998 then you should do so. Specifically:

5. An application for admission of a dependant may be favourably considered if:

1. there is reasonable proof of a genuine relationship between the applicant and the sponsor;
2. there is no known record to the detriment of the applicant; and
3. the sponsor is able to support the dependant's living at a standard well above the subsistence level and provide him/her with suitable accommodation in the HKSAR.

[carn1x]

I am more immediately spending 5 months "on holiday" in HK later this year. I plan to transfer the majority of the finances I will need for this trip to my girlfriends account and keep it in her account in GBP, and then convert to HKD when I need it. However, will this plan be risky in that ImmD might assume payment by myself to my girlfriend for a dependent VISA? She is planning to open a second bank account for the purpose of holding this GBP and converted HKD in order to keep it separate from her main account.

[PDLM]

Immigration doesn't have access to people's bank accounts, or at least not without warrants, courts and stuff.