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Extending Your Hong Kong Dependant Visa After Divorce

February 17th, 2016

Posted by / in Family Visas, Your Question Answered / 11 responses


 

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
  • Ak

    17 Jun 2019 pm30 12:31pm
    01

    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
      02

      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
    03

    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
      04

      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
    05

    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
      06

      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
    07

    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
    09

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

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