What if one party file for divorce

[happy_mom]

Posted some questions several months ago regarding the whole family planning to move to HK.

Caught husband had an affair several months ago w/ his former girlfriend the affair was on going for over 1 year.

Since He is a Hong Kongnese (born in HK , HK passport, citizen) and I am Chinese Indonesian. Supposedly I will have a dependant visa on him. and my kids Right to land ?

What will happen to me if he filed for divorce say 1 year after I stayed in HK? Will I still be able to stay in HK?

I am not a helpless woman w/ no income by the way...
I have substantial income from nasdaq trading every month

(If anyone can reccomend a family lawyer in HK ? a friend of mine suggest me to contact a family lawyer and put the proof of infidelity on records)

Please Help. I really am desperate and this incident has bring much sorrow.

Any suggestion will be greatly appreciated

[Hairball]

Were the kids born in Hong Kong? If your husband is HK Chinese then they would be allowed to stay in HK on their own right. Even if they were not (and don't have ROA), then they could still stay with him in Hong Kong under dependent visas.

As for you, if you divorce, then you can no longer be sponsored for a dependent visa, so unfortunately you may have to leave unless you're allowed to stay under some special circumstances. Or you get sponsored for an employment visa.

[happy_mom]

Were the kids born in Hong Kong? If your husband is HK Chinese then they would be allowed to stay in HK on their own right. Even if they were not (and don't have ROA), then they could still stay with him in Hong Kong under dependent visas.

No, The kids were born in Jakarta thus hold an Indonesian passport.

So what kind of options are there for me?

Opening a bussiness / student visa ?

Can one naturalise after staying for seven years on a student visa?

[er2]

you can apply for ROA after residing here for seven years. Staying here under a dependant/student/work visa all qualifies as residency (Though you might have troubles studying here for seven years.... That'd be all the way from High School grad to PhD ).
Naturalisation as a Chinese Citizen (and therefore, if you have ROA, obtaining a HK passport) is a different matter but, as far as I remember I read here, not too difficult either. You might have to pass a language test but people said that it is very elementary.

I remember some folks saying that you can get a three year dependant visa if your sponsor has ROA. So, if your husband feels guilty enough you can do so right before your divorce, then you're all set for the next three years which should be sufficient to find some employer to sponsor you.

Just to make sure I got you right - you already caught your husband red-handed, and are still considering moving here with him and then get divorced afterwards???

[happy_mom]

Just to make sure I got you right - you already caught your husband red-handed, and are still considering moving here with him and then get divorced afterwards???

I am just considering the worst case scenario aspect of it.

He may innitiate it. I don't know.

i am just trying to salvage my marriage and protect my kids

[Boris]

If your an independent trader then you must be going to register for taxation purposes ?

A good way would be to register yourself as a ltd business and then you can apply for a working visa in your own right. Then you can stay here wih no problems. Your company sec would apply for the visa and if that would also be you then there is nothing stopping you applying in your own name.

There are visa threads on here that give guidance to the best company to apply for you and they do on a no win no fee basis. They come highly recommended.

[PDLM]

If your an independent trader then you must be going to register for taxation purposes ?

Why? I hardly think that many people who earn money trading stocks do that...

[Boris]

Why? I hardly think that many people who earn money trading stocks do that...

What people do and what they should do are as black and white. If the OP establishes a trading company then it would solve the problem - nes pas ?
Quote " I have a substantial income " Unquote , so a small contribution to HKG for permission to stay would be a viable solution. She can then argue with them about tax. BUT she is " doing work " in HK to generate the profit even if the profit comes offshore, so tax is liable and hubby, if wanting a slice in any settlement would bring to that income, the notice of the tax office.

Better safe than sorry is all I am saying and a good accountant can ensure her exposure is minimized from the claws of her adulterous other half. The moral being - don't get mad, get even.

[happy_mom]

Originally Posted by PDLM
Why? I hardly think that many people who earn money trading stocks do that...

What people do and what they should do are as black and white. If the OP establishes a trading company then it would solve the problem - nes pas ?
Quote " I have a substantial income " Unquote , so a small contribution to HKG for permission to stay would be a viable solution. She can then argue with them about tax. BUT she is " doing work " in HK to generate the profit even if the profit comes offshore, so tax is liable and hubby, if wanting a slice in any settlement would bring to that income, the notice of the tax office.

Better safe than sorry is all I am saying and a good accountant can ensure her exposure is minimized from the claws of her adulterous other half. The moral being - don't get mad, get even.

Noted.

Thanks