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Divorce Visa Hong Kong – What Are Your Options if Your Marriage in Hong Kong Has Irretrievably Broken Down?

August 7th, 2023

Posted in 60 Second Snapshot, Family Visas, The Hong Kong Visa Geeza /


Divorce Visa Hong Kong – An Oldie But A Goodie!

Updated August 2023

Divorce Visa Hong Kong – The Impact

Divorce Visa Hong Kong – so, for better or for worse, you and your spouse have gone your own separate ways and the question of your dependent visa hangs over your head like the sword of Damocles and you don’t know where to turn as regards your continuing immigration permissions to remain in Hong Kong

Divorce Visa Hong Kong – Maintain The Immigration Status Quo?

Firstly, if your separation is amicable, your partner could agree to accommodate the continuing sponsorship of your dependant visa until you complete your divorce proceedings, assuming, of course, that it is his or her intention to remain in Hong Kong as it is yours.

Divorce Visa Hong Kong – A New Immigration Rationale For Remaining?

If this is not on the cards, then you have to look to the rationale for what is keeping you here and seek to adjust your status from sponsored family with a dependent visa to an alternate immigration category

So, for example, if you are presently working you should apply for an employment visa sponsored by your current employer to allow you to remain in Hong Kong to continue performing that work.

If you are not yet working but plan to start doing so, you should work for your new employer on the strength of your dependent visa until at least six weeks before your current limit of stay expires, and then seek to adjust your status to an employment visa sponsored by that employer.

If you have started your own business, no matter how small, that could form the basis of an investment visa application.

In such a case even though the test for approval calls for you to be able to show that you can make a substantial contribution to the economy of Hong Kong, ImmD will take all the circumstances of your life into consideration and look at your application favorably even if it means that at most, at least for the foreseeable future, you will be able to earn a reasonable living from it.

However, if you have not yet started the business and you do not have the fact of your children remaining in Hong Kong sponsored by your ex as a contributing reason for ImmD to approve an application for an investment visa driven by that new business, the Immigration Department will not cut you too much slack and thus your application will be considered just like any other and no account of your special circumstances will be taken and no advantage afforded.

On the other hand, if you are a person of especial talent, you could make an application Under the Quality Migrant Admission Scheme.

But be aware this is a competitive programme and will take six months to finalize all things considered.

If you have at least HKD10 million in liquid funds that you can lock into Hong Kong until such a time as you have been resident in Hong Kong for a total of 7 years continuously, you could apply for a Capital Investment Entrant Scheme visa – but you need to have owned these assets for a minimum of 2 years prior to submitting this application so funds from a recent divorce settlement might not count for eligibility. NOW POSTPONED

Divorce Visa Hong Kong – Are You A Top Talent?

The Hong Kong Top Talent Pass visa is a type of visa targeting skills of a particualr kind that the Hong Kong government aims to attract from around the world to support our economic development and the Top Talent Pass Scheme targets high earners and grdautes for the world’s top 100 universities.

To pursue acquiring a Hong Kong Top Talent Pass visa, you can follow a step-by-step process outlined in the Hong Kong Visa Application Roadmap. This roadmap is a comprehensive guide for making any Hong Kong immigration application and covers various aspects such as assessing circumstances, current immigration status, visa type, sponsorship, and application methods. It works hand-in-hand with the Hong Kong Visa Handbook, which provides detailed information and guidance on the visa application process.

To learn more about the Top Talent Pass visa and the application process click here.

Divorce Visa Hong Kong – The Education Option

Finally, you might be able to able to take advantage of the Immigration Arrangements for Non Local Graduates, either as a fresh or returning graduate.

This means if you have previously graduated with a bachelor or postgraduate degree from a Hong Kong university and have a job offer from an established Hong Kong employer, you can enjoy ‘ favorable consideration’ for an employment visa application in your circumstances.

More Stuff You May Find Useful Or Interesting

How A Hong Kong Employment Visa Application Can Go Completely Wrong If You Don’t Know What You’re Doing

Getting A Working Visa For Hong Kong Is Just A Matter Of Filling In The Forms, Isn’t It?

The Hong Kong Immigration Department Are Out To Deny – Not Approve – Visa  Applications (Aren’t They?)

Work In Hong Kong For 5  Years – Leave For Two, Then Return – Will I Lose My Continuous Residence For PR Purposes.

Can I Swap From A  Hong Kong Dependant Visa To A Capital Investment Entrant Scheme Visa?


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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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