QOTW: My Husband Wants To Leave But I Want To Stay – Can I Remain Behind On My Hong Kong Dependant Visa Indefinitely?
Posted in Family Visas, The Hong Kong Visa Geeza, Your Question Answered /
So what options are available to Hong Kong dependant visa holding foreign nationals when their spouses are leaving Hong Kong and they want to stay?
QUESTION OF THE WEEK
I am here on a Hong Kong dependent visa with my husband.
He is planning to leave his employment in Hong Kong and return to his home country but I am thinking of staying for a couple more years.
What happens with my dependent visa (limit of stay expires in the middle of 2016) when he quits his job and leaves Hong Kong next month?
Can I, too, use my consents to reside in Hong Kong even though only via a dependent visa to look for an employer to then change my visa status?
ANSWER:
Your existing dependent visa allows you to remain in Hong Kong under the same conditions you enjoyed while living with your husband. If your visa is set to expire later this year and your husband is leaving in about a month, you can still stay in Hong Kong under the permissions of your dependent visa. This means you are allowed to seek employment, accept job offers, or even start a business.
Once your dependent visa expires, you will need to apply to the Immigration Department to change your status. You’ll need to provide a rationale for your continued stay in Hong Kong, which in this case would relate to your employment that was permitted under your dependent visa.
When considering your application, the Immigration Department will assess whether you possess special skills, knowledge, or experience that are not readily available in Hong Kong. Generally, if your work is of a professional nature and it’s evident that no local individual could reasonably be expected to fill the position, you may be granted an employment visa to remain in Hong Kong after your dependent visa expires.
I hope this helps!
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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.
