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How is My Dependant Visa Affected Under the Mainland Talents & Professionals Scheme if My Sponsor Father Goes Back to China to Work?

September 22nd, 2016

Posted by / in Employment Visas, Family Visas, Long Stay & PR, Special Programmes, Your Question Answered / 4 responses


 

How is your dependant visa affected under the Mainland Talents & Professionals Scheme if your sponsor father is heading home?  SMALL-keep-calm-and-ask-the-visa-geeza

What happens to a Hong Kong resident dependant visa holder sponsored by a parent holding a visa issued under the Admission of Mainland Talents & Professionals Scheme where the parent is unlikely to remain in Hong Kong – but the dependant wants to stay?

QUESTION

I am currently holding a dependent visa of which my father is the sponsor, under the Admission Scheme for Mainland Talents and Professionals.

 The situation is that:

(A). There is a chance that my father, the sponsor, would not be able to extend his stay since he has to spend more time working in mainland than in Hong Kong (i.e., his visa would expire in 2014 if not successfully extended, which technically means my dependent visa would expire at the same time) (B). However, I myself has an offer to start working at a multinational company this September.

 Given the prime goal of attaining permanent residency for me, I need your expertise and suggestions on the following questions:

1. If there’s a large chance that my father will not be able to claim permanent residency two years from now (when 7 years has been reached since first got HKID), shall I switch to employment visa as soon as I am eligible to do so?

2. I have held dependent visa for 5 years now. After year 7, can I apply for permanent residency independently (given that we have successfully extended our sponsor/dependent visas till then?) Or does my outcome depends on my father’s application/status?

3. If I do switch from a dependent visa to an employment visa, say in September of this year. Will the accumulation of residency start over from the new visa? i.e., Say I work in Hong Kong under employment visa for 2 more years. Does that give me a total of 7 years, or only 2, for the application for permanent residency? 

4. Aside, I understand that 7 years is only a precondition for application of PR. So if I do get 7 years from the scenario above (5 dependent + 2 employment), yet I didn’t stay much in Hong Kong in the 5 years as a dependent. Would that significantly impact my chance of claiming PR?

Thank you very much for answering this long list of questions.  I really appreciate your time and help.

More Stuff to Help You Along

What’s the deal if you’re in Hong Kong with a dependant visa & your employment visa holding spouse wants to leave but you want to stay?

Am I eligible for an extension to my Hong Kong dependant visa if my PHKID holding spouse doesn’t actually live here right now?

How flexible is the Admission of Mainland Talents & Professionals Scheme in enabling Chinese nationals to come and work in Hong Kong?

What can be said to constitute ‘Ordinary Residence’ for the purposes of a Hong Kong Right of Abode application?

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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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