Divorce concerns

Closed Thread
Page 2 of 2 FirstFirst 1 2
  1. #11

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by Skyhook:
    Marriage ends, so does all responsibility of the sponsor , inc the visa. How can the visa still remain valid with no legally accountable sponsor attached to the dependent ?

    You see where I am heading with this, logic ?
    Employment ends, so does all responsibility of the sponsor , inc the visa. How can the visa still remain valid with no legally accountable sponsor attached to the employee?

    Same, same.

  2. #12

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by turnjet:
    My wife was born in HK, so does that mean I could apply for a 3-year extension?
    The box on the form is open - you can put any number you want there. Since your wife is a HK PR then I would say you have a reasonable chance of a 3 year extension since that's what my wife got, and I'm just a PR by 7 years, not a citizen.

  3. #13

    Join Date
    Jun 2006
    Posts
    833

    Have you considered the possibility of just separating rather than divorcing? If neither of you has any immediate plans to remarry than separating still allows you to have a dependant visa and buys you some time to sort out a sponsor or, ideally, to carry on in your present job.

    The other option which could be very advantageous for you (but not necessarily your wife) is to go for a judicial separation (divore lite) whereby all financial matters between you and your spouse are decided (except pension sharing) but no decree absolute is applied for. Your spouse may or may not agree to this but it would seem to offer a practical solution in your case because as far as the law stands (and your immigration status) you are still married and technically still a dependant. Either of you can present a divorce petition at any time and apply for the decree absolute but it does buy you time.

    It's one of those situations where you have to have a very frank discussion with your spouse. She will be very aware of your immigration status.

    You haven't been married very long so spousal maintenance payable by you to your ex-spouse may not be an issue should you divorce but it is possible that your wife may ask for it (and be awarded it) for a period of time at least. However, it is far easier for her to enforce that maintenance if you are still in HK and you might like to suggest to her that if she agrees to a separation or judicial separation rather than divorce so you can remain in HK you will pay X amount of maintenance a month etc and get this written in to a Consent Order.

    Whilst it is true that your legal responsibility to an ex ends with divorce your financial responsibility does not necessarily end and you might be able to cut a compromise deal and buy yourself some time.

    The other option as PDLM suggests is to divorce and remarry a HK PR but of course in a few years you might be in the same position again!


  4. #14

    Join Date
    May 2007
    Location
    In a little burrow
    Posts
    943

    First, the sponsor is not legally and financially responsible for the dependant in every situation. Credit card debt in the name of the dependant is the dependant's concern only. If the dependant commits a crime, the dependant is punished, not the sponsor. The sponsor only has to be 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".

    Second, I'm a dependant sponsored by a PR (my wife). My first visa was for a year, and the second for 3 years. I will likely get another 3 years when the current visa expires. I believe this is standard.


  5. #15

    Join Date
    Nov 2007
    Posts
    119

    Thanks for the clarification guys. Everything seems to add up.

    One more query, would it be possible to apply for a work visa under a dependant visa? My company is willing to sponsor me as they know my situation, but we don't know if I have to legally be divorced first.


  6. #16

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    Yes - no problem applying for an Employment Visa whilst holding a Dependant Visa.

    I know couples who have switched who has the Employment Visa and who the Dependant when the original Employment Visa holder lost their job, which involves doing what you suggest.


  7. #17

    Join Date
    Apr 2004
    Location
    hong kong
    Posts
    3,484
    " Have you considered the possibility of just separating rather than divorcing? If neither of you has any immediate plans to remarry than separating still allows you to have a dependant visa and buys you some time to sort out a sponsor or, ideally, to carry on in your present job."

    Just to point out that this would not be of any advantage if trying to renew the dependent visa. There is a form question asking if your marital status has changed. I do believe that in regard to change of status during the period of the active visa , you SHOULD report a change but what idiot would do that?

    Best answer is keep all under your hat, buy her roses, talk sweet words until you can apply the visa renewal and then go for the longest period available. Ask for 3 yrs as a minimum. Callous ? Maybe, but needs must when circumstances dictate.

  8. #18

    Join Date
    Nov 2007
    Posts
    119

    Okay, good stuff. I'm with my boss now and we'll apply for a working visa and see how that pans out. Callous, well i'm not exactly tootin' my horn here.

    Boris, too true. A good decision, is an informed decision and it's best I make such a life-changing decision with every option taken into account.

    Separation is just a grueling prospect i'm not willing to drag myself through.