shannon6

Hi there

I am about to start work in HK with a visa, but I am not married to my live-in partner of 3 years (de facto), who is from Latvia in Eastern Europe. She is not due to come to meet me in HK til mid-March.

She is 24, no degree but is fluent in English, Russian, Latvian and Danish and a bit of Spanish, and has been working as a secretary in London for the past few years for a company that organises conferences for oil and gas companies.

I am really open to suggestions as to what sort of work, if any, she might be able to get over here. I am going to approach some Russian companies and also the consulates of Russia and Denmark. Apart from that, I am at a loss as to how we are going to get around her visa issue. We don't want her to have to leave and come back in every 3 months....... and we don't want to get married just for the sake of paperwork.

FYI, we have the paper trail to prove our living together over, and joint bank accounts too.


All help appreciated. If your answer solves our problem, I'll shout you and your partner a big dinner........ this offer is genuine.

Thanks
Shannon

paddythepilot

Difficult one!

Firstly Hong Kong Laws do not recognise 'Common Law Parners', so living togther means nothing when it comes to Immigration and 'Dependancy Visas'.

If you are not legally married, she will not be able to stay in HK as your dependant.

The only other option to getting married, is for her to secure a Work Visa in her own right, which might be possible of course if she found the right potential employer.

Failing this, she will be able to enter Hong Kong as a tourist but eventually Imigration will cotton-on to her and stop her coming back on one of her short trips to revalidate her Visa, if she has been in the Territory for too long, (which is an undefined period).

Sorry to say her best bet is to just come here as a tourist initially and then search for appropriate employers who can apply for a work permit for her.

If I can be of any further assistance, please just ask.

Regards & Good Luck

alton

Let me also add that even if you get married, but you are not a permanent resident of Hong Kong, she (and all your dependent) will not be allowed to work here.

I believe that this law was recently introduced. In the old days, you can. Not anymore, unfortunately!

paddythepilot

Actually, they changed that back recently.

I know what you are talking about (where dependants could not work), however the Immigration Department 'changed their minds' recently (although they kept it all very quite).

That means, as of now, your dependant can now legally work......still got the be legally married though.

Cheers.

alton

I disagree.

Refere to immigration's FAQs:

Q13: Why the new policy does not grant dependants automatic right to work?

A13:

The review on the dependant policy has taken into account the practices adopted in other major developed economies, such as Australia, Canada, Japan, New Zealand, Singapore, the UK and the USA. The requirement on dependants to seek prior permission before taking up employment in Hong Kong is in line with the international practice. It should be stressed in particular that the requirement of obtaining prior permission before dependants may take up employment is not a wholesale prohibition. Dependants who satisfy the criteria similar to those applicable under the General Employment Policy1 may be given permission to work in Hong Kong. As the sponsors of the dependants are themselves subject to an application and vetting process before they are allowed to work in Hong Kong, there is no reason why their dependants should have the automatic right to work in Hong Kong without prior permission.

1The relevant criteria are:

1. the applicant should have a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence would also be accepted;

2. the applicant must have a confirmed offer of employment before making the application. The employment secured must be relevant to the applicant's academic qualification or working experience, and the job cannot be readily taken up by the local work force; and

3. the remuneration package is broadly commensurate with the prevailing market level for similar jobs in HK.

Frans Wind

Hi from Amsterdam, Holland.

You might want to try the import / export business. I know there is a big shortage of people speaking other languages there. Just a thought.

paddythepilot

Thanks for that.

I have checked the Hong Kong Immigration Department's web-site and apparently you are correct!

To the initial poster......sorry, but looks like you have little room to get your girlfriend a work permit even as a dependant. She will have to find an employer & sponsor in her own right.

Good luck.

shannon6

hi guys
thanks for all the responses. Seems you have all confirmed my suspicions. I will keep you posted next month on how we do indeed get around this question.

thanks
Shannon

Christian Moore

Shannon

Even if you can legally bring her with you as a wife/common law wife, she will not be able to take employment. The law was changed recently to prevent dependent spouses of expats working.

She would need to find her own sponser either way

Regards

Christian