
QOTW: What Do ImmD Make Of Getting Married Here When Applying For A Hong Kong Dependant Visa?
Posted in Family Visas, The Hong Kong Visa Geeza, Your Question Answered /
Does a simple trip to ‘city hall’ solve all your Hong Kong dependant visa problems?
QUESTION OF THE WEEK
I am American. I have just accepted a role in Hong Kong.
My employer is about to begin my visa paperwork to sponsor me for an employment visa.
However, my girlfriend is Australian and I want her to come with me and ideally also be able to work.
We are both 30 almost 31.
One option is a shot gun marriage here in the US.
However, I was wondering what the policy is on her coming to Hong Kong on a tourist/holiday visa and once in Hong Kong with me us getting married there?
Is that possible and if so once it has been performed can I get her added onto my visa as a spouse easily enough?
Any advice is greatly received.
ANSWER
The clear and obvious answer to this question is no; of course, you should never get married for these purposes. However, sometimes circumstances prevail where there is a genuine life partner relationship between a loving couple who are planning to get married in any event. But because of changes in the career fortunes of one of them, they find themselves in Hong Kong with the possibility of being separated due to their then single status, even though they are clearly committed to each other as life partners.
In this instance, you can find yourself in Hong Kong and determine that the situation you are in—resulting from separation—may be too much to bear. This can encourage you to bring forward the plans you already had regarding your marriage.
Clearly, as part of satisfying the Immigration Department’s requirement for your relationship to be deemed genuine, this will all make perfect sense if supported by the correct documentation that speaks to the nature of your relationship in those circumstances. So, while you might desire for this to be a shotgun wedding, this isn’t the case at all. It would simply be a matter of bringing forward plans you had initially.
In that respect, you would be deemed a genuine couple, even though you have found yourself in Hong Kong in a situation that prompted you to advance your nuptials. Once you’re married, it becomes a simple matter of taking your application bundle to the Immigration Department and seeking permission for your spouse to remain in Hong Kong as your dependent under your sponsorship. At that time, the Immigration Department will assess the genuine nature of your relationship. If you can demonstrate that you can provide a roof over her head and food on her table, the Immigration Department will usually grant a dependent visa for one year in the first instance. After that first year is up, she will be granted the same limit to stay that you would have as her employment visa-holding sponsor.
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