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dependent visa-unconditional stay
Posted by reian (413 days ago)
Hi! I am holding a dependent visa through my father who's been living here in HK for 18 yrs. I got my HK ID since Deember 2003 and started to stay here since 2006 because I had to finish University first. Now I'm already working on a Financing Company and I know that it will take 3 more yrs for me to become a permanent resident. I am wondering is there any posibility for me to bring my baby and my fiance here in HK? I will renew my visa on December, so is the ImmD going to give me an unconditional stay? I hope someone would help me find some answers. Thank you!
(I am based in Hong Kong)
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Posted by Mango33 (413 days ago)
You as dependent visa holder are not allowed to sponsor for another dependent visa.
(I am based in Hong Kong)
Posted by reian (413 days ago)
Definitely! But I'd like to know what will happen after I renew my visa. Is the ImmD will give me an unconditional stay or will give me a 3 more yrs visa.
(I am based in Hong Kong)
Posted by Thames (412 days ago)
Not exactly sure what you are asking. As you already know, you can only get PR after applying for it after living here continuously for a minimum of 7 years, so in December you will be able to renew your usual visa but not get unconditional stay, because you will have been here for only 4 years. But if I've misunderstood your question, why not make sure you are getting the right information by calling the Immigration Department direct?
(I am based in Hong Kong)
Posted by Flathunter (412 days ago)
Immigration gives 1yr, 3yrs then 3yrs. After your 7yrs you can get unconditional/pr actioned at the same time.
(I am based in Hong Kong)
Posted by Saikunga (412 days ago)
For you to be able to bring your family over, you will have to get your company to apply for a work visa for you so you will then be the sponsor of your family, and you no longer be a dependent on your father - your previous 4 years will still count toward PID status.
You will have to marry your fiance for them to be a dependent in HK otherwise they won't be recognised - your child will be with the appropriate documents, but your fiance will not be.
(I am based in Hong Kong)
Posted by evildeeds (412 days ago)
There may be a slight problem with the above advice. From what I read from the OP she has stated that although she has had dependent visa status since 2003 she only started to stay here since 2006. If she has stayed out of HK for more than 6 months prior to staying here for good (at any period throughout those 3 years) the the clock starts again. So she may have another 6 years ahead of her before she can claim PR. I think she needs to be clearer on this part.
(I am based in Hong Kong)
Posted by GreenValleys (412 days ago)
I share those same thoughts about the PR-qualification clock ticking only since 2006. Also re the limitations on a DV-holder being able to sponsor someone else's application, and the fiance bit. Best to present the details to the Immigration Dept and get the facts straight from the proverbial horse's mouth. Although others have occasionally reported the Dept as being unhelpful I have always found them to be anything but that, whether the contact has been by phone or email or over the counter.
(I am based in Jakarta)
Posted by associates (394 days ago)
The current practice of the Immigration department is to grant Right of Abode on completing 7 years.
As you are a dependant visa holder you cannot sponsor others as your dependants..
Since you are working you are free to apply for an employment visa and on receipt of such visa you may then apply for dependant visas for your husband and and the child on the ground that they are your dependants.
There aare several grounds that are taken into consdieration on the issue of an employment visa.
Should you wish to discuss the matter further please do contact us. Our changes for a confeeence is HK$ 2500.
rgds
N.T.S.Kularatne
Weir & Associates
Solicitors & Notaries
2108 Gloucester Tower
The Landmark
15 Queens Road Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw
Soilcitor
(I am based in Hong Kong)
Posted by cara (394 days ago)
but... if the reason for your absence from HK is school and you can prove it, then it starts counting at 2003.
i have cousins that have just received their PR even though one of them spent the better part of 3 years at uni in the UK.
(I am based in Hong Kong)
Posted by evildeeds (393 days ago)
cara, did they return to HK in their holiday periods though? and was their main home address here in HK?
(I am based in Hong Kong)
Posted by cara (393 days ago)
yes,for most of the holidays. and their parents were here at the time...
(I am based in Hong Kong)
Posted by reian (393 days ago)
iI share the same story with your cousins Cara. My father was just here in Hong Kong all along. I visit Hong Kong every christmas break to renew my visa.
(I am based in Hong Kong)
Posted by cara (392 days ago)
then the best place for advice would be the immigration department. they will be able to give you the definitive answer.
(I am based in Hong Kong)
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