What Are Your Visa Options if Your Marriage in Hong Kong Has Irretrievably Broken Down?
Posted by The Visa Geeza / in 60 Second Snapshot, Family Visas, VG Front Page / 41 responses
An Oldie But A Goodie!
(First Published September 6, 2012)
So, for better or for worse, you and your spouse have gone your own separate ways and the question of your dependent visa hangs over your head like the sword of Damocles and you don’t know where to turn as regards your continuing immigration permissions to remain in HK
So, here are your options (divorce visa hong kong):
Firstly, if your separation is amicable, your partner could agree to accommodate the continuing sponsorship of your dependent visa until you complete your divorce proceedings, assuming, of course, that it is his or her intention to remain in Hong Kong as it is yours.
If this is not on the cards, then you have to look to the rationale for what is keeping you here and seek to adjust your status from sponsored family with a dependent visa to an alternate immigration category
So, for example, if you are presently working you should apply for an employment visa sponsored by your current employer to allow you to remain in Hong Kong to continue performing that work.
If you are not yet working but plan to start doing so, you should work for your new employer on the strength of your dependent visa until at least six weeks before your current limit of stay expires, and then seek to adjust your status to an employment visa sponsored by that employer.
If you have started your own business, no matter how small, that could form the basis of an investment visa application.
In such a case even though the test for approval calls for you to be able to show that you can make a substantial contribution to the economy of Hong Kong, the HKID will take all the circumstances of your life into consideration and look at your application favorably even if it means that at most, at least for the foreseeable future, you will be able to earn a reasonable living from it.
However, if you have not yet started the business and you do not have the fact of your children remaining in Hong Kong sponsored by your ex as a contributing reason for the HKID to approve an application for an investment visa driven by that new business, the Immigration Department will not cut you too much slack and thus your application will be considered just like any other and no account of your special circumstances will be taken and no advantage afforded.
On the other hand, if you are a person of especial talent, you could make an application Under the Quality Migrant Admission Scheme.
But be aware this is a competitive programme and will take six months to finalize all things considered.
If you have at least HKD10 million in liquid funds that you can lock into Hong Kong until such a time as you have been resident in Hong Kong for a total of 7 years continuously, you could apply for a Capital Investment Entrant Scheme visa – but you need to have owned these assets for a minimum of 2 years prior to submitting this application so funds from a recent divorce settlement might not count for eligibility. NOW POSTPONED
Finally, you might be able to able to take advantage of the Immigration Arrangements for Non Local Graduates, either as a fresh or returning graduate.
This means if you have previously graduated with a bachelor or postgraduate degree from a Hong Kong university and have a job offer from an established Hong Kong employer, you can enjoy ‘ favorable consideration’ for an employment visa application in your circumstances.
More Stuff to Help You Along
How a Hong Kong employment visa application can go completely wrong if you don’t know what you’re doing
Getting a working visa for Hong Kong is just a matter of filling in the forms, isn’t it?
The Hong Kong Immigration Department are out to deny – not approve – visa applications (aren’t they?)
Work in Hong Kong for 5 years – leave for two, then return – will I lose my continuous residence for PR purposes.
Can I swap from a Hong Kong dependant visa to a Capital Investment Entrant Scheme visa?
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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.
SM
Hi I was with my wife for 1 years I give her as
Dependent Visa but our marriage fall apart. Her visa is gonna Expired soon at 10-15-2022. So the immigration will sent her go back to country right . She can apply for family court or something to stay in Hong Kong
The Visa Geeza
Alas no. The visa is granted for family renuion / dependency. Once that is over, the elegibility for the visa ends too.
DPL
I want to cancell my husband dependant visa becuase i found out he just used me…he is in his 3 years of dependant visa…but i want to cancell pla advise
The Visa Geeza
There’s nothing you can do. You do not have any proprietary interest in his immigration status. When it comes up for renewal he will not be able to extend it but that’s your only ‘remedy’.
AP
I am a PR resident and i married a girl from my native country but my marrige started to fall apart,around 5 years it got so bad that i filled for one sided divorce.As her visa was approaching towards the expiry date,she asked for my forgiveness and used my family to make work it out.it was starting to get normal and i withdrew the divorce but just a week after getting her last 2 years visa.she left me stating with her last 2 years visa it will be 7 and she will be a PR.
what should i do now?
Do i filled for a divorce! Or can i cancel her visa?
Help needed pls!
The Visa Geeza
There’s nothing you can do about her immigration status. It’s her visa not yours and if she qualified for it at the time of extension and got it then that’s out of your control.
Cellia
Hi, I have a dependent visa till the end of year 2021, which is exactly 7 years since I relocated in Hong Kong with my husband. But unfortunately our marriage fall apart and we will sign the divorce paper beginning of next year.
Will I still allow to stay till the visa expires, if yes and till end of the 2017 when I reach the 7 years stay in Hong Kong will I be able apply and get a Hong Kong PR even if we are divorced by then? What is the chance they will fail my application by change of marriage status? ( cause my visa is sponsored by him )
The Visa Geeza
Yes you can. The time up to 7 years will also count for PR. However you face a significant technical challenge due to the fact of your current limit of stay expires on the date of your 7 year anniversary. If you send me your telephone number via email (sbarnes@hkvisacentre.com) I’ll give you a call in week 2 of January to talk you through it. I am on leave in Australia presently back in HK January 10.
Chris
Hi, what if you are getting divorced but still have 2 years left on your dependent visa? Will the court take it away when the divorce is finalised? Does the wife have to agree to continuing sponsorship?
The Visa Geeza
The Court will not make an order as regards immigration status. You need to let your dependant visa run close to expiry and then make an application 30 days before it expires to remain in Hong Kong on the basis of your continuing rationale for remaining here in the wake of your divorce.
Chris
Thanks so much. You just made me sleep better.
skhanam
Hi: i applied for QMAS and its been almost 12 months.expecting results in March.i have submitted all the supporting documents initially then again to asked to provide more documents.what they emphases on interview.my child will accompany with me but not husband.but he provide a letter about accompany child. what the update documents needs to submit and is that husband also need to attend in interview.
The Visa Geeza
Normally the spouse is not needed at the Interview. ImmD will advise you of documents they wish to see at interview (normally the originals of your ID documentation).
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