Non-biological children as dependents

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  1. #1

    Join Date
    Mar 2010
    Posts
    1

    Non-biological children as dependents

    Hi all,

    My hubby and I are looking at moving to HK under the sponsored work visa route. He will enter first and I will apply as a dependent later in the year. Can he be the sponsor of my 2 children from another marriage? Or do child dependents have to be biological children?

    Many thanks


  2. #2

    Join Date
    Jul 2007
    Location
    TST and Macau
    Posts
    1,487

    Biological definitely not. But possibly legal.
    Best to ask immigration.


  3. #3

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    Yes he can. Hullexile has previously posted here about him doing exactly that when his wife and her previous kids moved here.


  4. #4

    Join Date
    May 2006
    Location
    Pampanga, Philippines
    Posts
    29,768
    Quote Originally Posted by PDLM:
    Yes he can. Hullexile has previously posted here about him doing exactly that when his wife and her previous kids moved here.
    Yes can confirm my stepdaughter was allowed in with no questions asked so no problem.

  5. #5

    Join Date
    Jun 2006
    Posts
    833

    As others have said - no problem to bring them as dependants as far as HK Imm. is concerned.

    However, a couple of caveats:

    1) Has your husband legally adopted the children from your first marriage?

    2) If not and if your children have the nationality of a Hague Convention Country and their biological father is still alive, please make sure you have either the express written consent of the father and/or the leave of the Family Court in your country to legally remove the children out of the jurisdiction.

    I have a Court Order from England & Wales stating that my ex-wife cannot legally remove my two children from the UK for more than 28 days without my prior written consent or leave of the Court even in the event that she remarries.

    You will appreciate that non-custodial fathers (and paternal grand-parents) have a right to have contact with their (grand)children and that you cannot simply move them to another jurisdiction without permission as their rights to contact (and certainly the level of contact) would be prejudiced. It is well worth you sorting out this issue first and submitting the proof of consent (or permission of the Court) with your application to HK Imm.

    Having done all that if you are also getting child support from the biological father of the children (I assume you are), I would also recommend you have any Order regarding the children and the support and contact arrangements amended in your country before you leave to reflect the change in the children's country of habitual residence and have the amended Order registered with the HK Family Court to ensure compliance on both sides. It will be much easier if you have the consent and the co-operation of the children's father to effect this.