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Dual Citizenship - Dependent Visa for PRC Wife

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  1. #1

    Dual Citizenship - Dependent Visa for PRC Wife

    I am a dual US/HK citizen. I have ***AZ hong kong ID, and I'm eligible to get a HKSAR passport. I only have a US passport at this time.

    When I married my wife in China a year ago, I did so as an American Citizen using my US passport. So, my wife and I are legally married as US Citizen to PRC spouse.

    Can I get a dependent visa for my wife as a foreign national on my US passport, even though I have a HK ID and citizenship. If I arrive in Hong Kong on my US passport and apply for my PRC wife, then would my application be regarded as a foreign national application?

    My perspective is that even though I am HK ID holder with permanent residency, our marriage is between US citizen and PRC citizen, which would be different than a normal HK citizen with a PRC wife.

    Anyone know if this has been done and with what success?


  2. #2

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    Is your wife a US PR? If she is then she might be able to avoid the one way permit system. I'm not sure on these details though.

    However for you, if you have ***AZ you are regarded as a Chinese citizen in Hong Kong just like any other HK Chinese resident.

    Anyway if you wish to apply for her as a foreign national then you will have to make a "Declaration of change of nationality" at the HK Immigration Dept. You'll no longer be a Chinese citizen and may possible lose ROA and get "right to land" if you don't meet residency requirements.


  3. #3

    Thanks Hairball for the info.

    My wife is not a US PR. And we do not want or intend for her to ever seek residency or citizenship in the US.

    I find it aggravating that an employee I hire from China through a work visa has an easier time to get his/her spouse to HK on a dependent visa than me, born in HK with full HKID + can get HK passport.

    In fact, that employee could get his parents, children and spouse from PRC, while my own wife needs to wait at least 5 years (since she is from Guangzhou, which has high numbers of people seeking to immigrate to HK).

    I suspect this is a "social" law to prevent HK men from easily marrying PRC women and bringing them into HK. Kind of a competition thing where a population of 3 or so million women cannot possibly compete with 500m from the mainland. It would be far easier for me to marry someone from any other country than to marry a mainland Chinese, and choose to live in HK.

    And ironically, for the sake of business revenues, Chinese PRC women can pay to give birth in HK so their children can be HK born. And yet, an unbalanced law to exclude HK citizens from getting dependent visas for their PRC spouses gives more rights to non-citizens than permanent residents and natural born citizens.

    I imagine the only other method is through the investment scheme, but does that work with joint accounts or joint ownership of property?


  4. #4

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    I agree it is extremely unfair, but it is the way it is. Heck, just think of those kids born in mainland China to a HK parent, even if they have ROA they STILL have to wait!

    I'm not sure if really doing the investment scheme will make a difference, I would guess she'd still be subject to the queue.


  5. #5

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    Quote Originally Posted by balancedequatio:
    ...I imagine the only other method is through the investment scheme, but does that work with joint accounts or joint ownership of property?
    It does not work with joint accounts or ownership. Furthermore it requires that she owns the assets 2 years prior to the application and that she must be a permanent resident in a foreign (to China) country.

    Capital Investment Entrant Scheme:
    The Scheme is applicable to
    "(c) Chinese nationals who have obtained permanent resident status in a foreign country;"

  6. #6

    Thanks for the info hktraveller.

    Does anyone know what are the popular countries to get permanent residency (besides the US and Canada) by Chinese nationals wishing to immigrate to HK under their HK spouse sponsorship for dependent visa?

    The criteria would be a safe country to live in for one year, least amount of hassle and acceptable for HK Immigration Department. Also, I would imagine that the country should have a high enough quota of spaces for immigration to HK.


  7. #7

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    I think it unlikely you can get permanent residency in many countries merely by living there for a year? Wouldn't the simplest thing to do be for your wife to get residency in the US first, then move to HK with you?


  8. #8

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    Quote Originally Posted by balancedequatio:
    Does anyone know what are the popular countries to get permanent residency (besides the US and Canada) by Chinese nationals wishing to immigrate to HK under their HK spouse sponsorship for dependent visa?

    The criteria would be a safe country to live in for one year, least amount of hassle and acceptable for HK Immigration Department. Also, I would imagine that the country should have a high enough quota of spaces for immigration to HK.
    Singapore would be an obvious choice I think.

    And, by the way, HK does not have quotas by country for immigration, except those directly from the mainland (and for working holiday visas).

  9. #9

    Hi balancedequatio - did you managed to get your wife the HK spouse visa in the end? I'm in the same situation as you that I have taken up employment in HK and my newly wedded PRC wife can not enter to HK with me...


  10. #10

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    YoungFamily, you are not in the same situation as balancedequatio. He is a permanent resident and hence cannot get his wive to HK on a dependents visa, unless she has acquired a permanent residence in another country. But you are only on an employment visa (= temporary resident), so you should be able to get your wive to HK on a dependent visa (without the requirement of her having acquired permanent residence overseas).

    Edit: Forget this reply. I assumed you are in HK on employment visa, which you are not according to your other post. Apologies for the dust.

    Last edited by 100LL; 16-04-2011 at 11:28 AM.

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