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Your Questions Answered

Extending Your Hong Kong Dependant Visa After Divorce

February 17th, 2016

Posted in Family Visas, The Hong Kong Visa Geeza, Your Question Answered /


 

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?

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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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