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Extending Your Hong Kong Dependant Visa After Divorce

April 4th, 2020

Posted by / in Family Visas, Your Question Answered / 28 responses


 

First Published February 17, 2016

This is a Hong Kong immigration situation that happens a lot more frequently that you might imagine! Can you extend your Hong Kong dependant visa after divorce?

SMALL-keep-calm-and-ask-the-visa-geeza

QUESTION

I would like to know if there is any possibility for me to extend my dependant/spouse visa since I am now divorced from my wife who used to be my sponsor.

Presently I am a student in Seoul, Korea though I have been visiting Hong Kong at least once or twice a year since 2014.

My current dependent visa expires 2016/10/09.

I would like to maintain my residency in Hong Kong and I hope your expertise in immigration matters might be of great help to me.

Thank you and I look forward to hearing from you.

ANSWER

Unfortunately, in the wake of your divorce from your dependant visa sponsor, unless you have a continuing rationale for remaining in Hong Kong there’s not much you can do, especially if you actually live in another country at this time.

My best advice would be to return to Hong Kong, start working for a third party employer (you don’t need special permission to do this with your current dependant visa) and in 2013 when your dependant visa expires, ask your employer to sponsor your employment visa to continue your residence in Hong Kong.

This should not be too much of a problem to accomplish.

After that, so long as you remain in Hong Kong as an employment visa holder, you should be able to get to 7 years continuous ordinary residence and thereafter make an application for the Right of Abode.

There’s no silver bullet in your circumstances I’m afraid.

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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.

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RESPONSES
  • Martins

    2 Oct 2020 pm31 12:55pm
    01

    Hello, please am in my 4 years independent VISA , I need to apply for the remaining 3 years on February 2021, but I want divorce from my wife now , we have a Child, My question is With my child or something can I still get my visa extension if I divorced her, Pls respond to me,

    • The Visa Geeza

      8 Oct 2020 am31 11:23am
      02

      No your fact of your child will not enable you to extend your dependent visa is your relationship has irretrievably broken down.

      • Martins

        11 Oct 2020 pm31 10:43pm
        03

        Not really but close to, if I can be able or manage to stay till February to get the remaining 3 years visa, do I need her to get my PR?

        • The Visa Geeza

          16 Oct 2020 am31 11:44am
          04

          No

  • Vivian

    9 Apr 2020 am30 7:45am
    05

    Hi I have a question, I was on a dependent visa with my ex husband ( who was on a working visa in HK). We were married in another country ( not HK), and then divorced. my dependent visa expires Aug 2020, but i am NOT currently residing in HK. However, my new employer is in HK and is seeking to sponsor my work visa (applying now to start working in Sept 2020). I would like to know if my dependent visa will affect the application of my work visa in any way? when going through the process of applying for the work visa, what are some of the things i should watch out for. In filling out new work visa application, should I idnetify as single or divorced ( because technically the marriage never registered in HK). Thank you in advance for answering these questions~

    • The Visa Geeza

      14 Apr 2020 am30 11:13am
      06

      As an existing dependant visa holder you will need to be in HK to seek to change your status to employment visa (you are currently deemed a resident so you need to be physically in HK to make adjustments to your immigration status here). In the meantime please see:

      https://hongkongvisasherpa.com/cfo/change-from-dependant-visa-to-employment-visa/

      • Vivian

        17 Apr 2020 am30 5:04am
        07

        My dependent visa will expire before i start working for the company. The company is applying to sponsor my work visa from Aug 2020, my dependent visa will expire before that. Which means its not a change in sponsorship?

        • The Visa Geeza

          22 Apr 2020 am30 11:01am
          08

          It’s a change of visa category.

  • Kevin

    28 Mar 2020 pm31 1:50pm
    09

    So I have lived in HK for 6 years on dependent visa and I still have 1 more year of dependent visa left. My question is if I get divorced now, will I be able to apply for PR by myself after 7 years?

    • The Visa Geeza

      30 Mar 2020 am31 10:30am
      10

      Yes but you MUST have a valid residence visa at the time you apply for an have your PR approved so if you DV expires just before your 7 years you might struggle.

  • catherine halasan

    8 Feb 2020 am29 3:04am
    11

    hi .im dependant visa until may 10, 2020 .already been 6yrs being dpendanr .my problem is im divorce already with husband can i still renew m visa on my own. ? .pls answer me

  • kath

    11 Jan 2020 pm31 9:49pm
    13

    I applied for a visa extension this time and my dependant visa is valid until January 2, 2023.
    Is my extended dependant visa valid after my divorce?
    Do I have to inform Hong Kong immigration about my divorce?

    • The Visa Geeza

      20 Jan 2020 pm31 1:41pm
      14

      Yes your limit of stay remains valid even after divorce. However you will not be able to extend that dependent visa again. Yes, write to ImmD and let them know about the change in your marriage circumstances.

  • Nini

    14 Nov 2019 am30 2:44am
    15

    Hi, I had divorced with my husband and I’m in the mid of apply my working visa, while I waiting for my working visa can I continue to work ?

    • The Visa Geeza

      14 Nov 2019 am30 11:48am
      16

      Yes as long as your dependent visa remains valid.

  • Ak

    17 Jun 2019 pm30 12:31pm
    17

    Hi, I just divorce with my wife and my depend visa is valid till 1st June2020 . it will be 7 years in 1stJune2020. Do I need inform immigration now for change of status or I can simply work on the same visa till 1st June2020 after that apply PR.

    • The Visa Geeza

      19 Jun 2019 am30 9:40am
      18

      You can continue working on your DV until it expires BUT ImmD don’t just grant PR to you on June 2 – you need to anticipate that a valid visa will be needed on the day you file your PR application and also again on the day ImmD approve your PR application some 30 days after you apply and you can only apply after the 7 years have accrued in full.

  • jolly

    5 Mar 2019 pm31 12:36pm
    19

    i am on depended visa for more than four years. recently i got divorced and now getting married to another woman in hong kong. My visa will expire in 2020, can i apply for renewal of visa through my new spouse who is also hk p.resident. my past years of stay will included in 7 year period for getting PR or it would be reset from now on?

    • The Visa Geeza

      6 Mar 2019 pm31 3:37pm
      20

      Yes but you will need to undergo a change of sponsorship application at the same time as you seek an extension pf stay. Treat it just like a new dependant visa but use the 5/F Immigration Tower Residents Section to start the process.

  • princesseye20

    15 Jul 2018 pm31 9:58pm
    21

    I uave a concern with regards to ky current status as me and my daughter will live separately from my husband.. we got separated for a year but not divorce.. will my dependant visa be affected if we are living in different roofs? My dependant visa finishes on june 2021 and that completes my 7th uear of stay in the territory

    • The Visa Geeza

      16 Jul 2018 pm31 10:23pm
      22

      If your husband assists in the extension of your dependant visas then you have nothing to worry about.

  • Shani

    12 Nov 2017 pm30 3:56pm
    23

    Hi I’m shani I need yur help
    I’m here in Hong from 3 years I Hv dependet visa
    My wife want divorce
    Can I apply next visa by myself I do business I have trading company in Hong Kong ?

  • Sadik

    23 Sep 2013 pm30 7:43pm
    25

    Please I need to know if the bad credit history can affect the procesing of dependant visa
    Thanks

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