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The question of immigration status for mainland resident spouses of current or aspiring Hong Kong residents is a bit of a hot potato. As this PodCast answer sets out, there is a dual track system in place in the immigration system which makes for winners and losers – and for once, those with the Right of Abode miss out.

This question has been lingering for a while, but the answer remains applicable even today.

QUESTION

“My employer wishes to relocate me from our Shanghai office back to our Hong Kong office. I previously had a Hong Kong work visa from 2007-2010.

I’ve very recently been married to my mainland Chinese wife. Will the fact that she is mainland Chinese adversely affect our ability to get a work visa for myself and a spouse visa for her?

What steps can I take in order to improve the likelihood that we are approved (besides the marriage certificate, mutual bank statements, and photos showing that we’ve been together for a long time)?”

ANSWER

In recent years, PRC national mainland resident spouses who are being sponsored for dependent visas by foreign nationals living or seeking to live in Hong Kong can apply for dependent visa just like any other foreign national account. Consequently, in your circumstances, you can apply for her visa to join you as your spouse without concern in respect to the nationality and the fact that she’s resident on the mainland at the moment.

And this is contrary to the situation faced by residents in Hong Kong who have the Right of Abode, that is, their permanent residence. You see, spouses of Hong Kong permanent residents can only sponsor their mainland spouses into Hong Kong on the one way permanent system, which is subject to a daily quota and as a backlog of many, many years.

And actually this is the same for foreign national permanent residents and native Chinese permanent residents of Hong Kong alike. So, when you make your application for an employment visa to be relocated back to Hong Kong from Shanghai, you simply include your wife on the ID990B employment visa application form.

And then submit the documents to show that you’re often married, that you live together until now, and that you can financially support her. She will need an endorsement in her travel document from the local public security bureau in Shanghai as well. But after that, basically your application should be very straightforward.

And I wouldn’t anticipate that you’ll have any problems being able to relocate to Hong Kong together.

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PODCAST ANSWER

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