I have a de facto spouse and child who will stay with me in Hong Kong while I work in Hong Kong with employment visa. Can they apply for dependant visas?
Your de facto spouse cannot apply for a dependant visa as a marriage certificate is required for a spouse dependant visa application. However, your de facto spouse can apply for prolonged visitor visa which allows your de facto spouse to stay with you in Hong Kong. As long as your child has a birth certificate which testifies you are a parent of your child, your child can apply for a dependant visa.
I married overseas with my spouse who is the same gender, would my spouse get a dependant visa with our overseas marriage certificate
No. Unfortunately Hong Kong government does not accept a same gender marriage. The same gender spouse may need to apply a separate employment visa.
I adopted a child in a developing country. Can my child apply for a dependant visa?
Yes, as long as you get the formal adoption papers from the government of said developing country showing that you are the legal guardian.
I was just divorced with my husband and my dependant visa is going to expire soon. Can I continue staying in Hong Kong and can I extend my dependant visa?
No. It is because your husband is your sponsor based on your marriage relation. If you want to continue staying in Hong Kong, you have to get a job and change your current dependant visa to employment visa.
I was a divorced person and my child lives with me after divorce. Now I get a job in Hong Kong and is applying an employment visa, can my child apply a dependant visa at the same time?
Yes. But you have to submit some supporting documents showing that your ex-husband has no objection for you to bring your child to live abroad and you are the guardian of your child in the relevant divorce paper.
I am a foreigner and get a right of abode in Hong Kong, I just married with a mainland Chinese girl. Can I apply a dependant visa for my mainland Chinese wife?
No. Under the current Immigration policy, if you already got a right of abode in Hong Kong, you are treated as a“local” person, you can’t apply a dependant visa for your mainland Chinese wife in Hong Kong. She has to apply a single permit from mainland instead. It will take much longer time to get a single permit than a dependant visa.
I am a divorced person and recently I got married again with a person who has an employment visa in Hong Kong, can I apply a dependant visa for my son who is from my previous marriage?
Yes, your son can apply a dependant visa if your son is under age 18. Your current husband will become his sponsor for a dependant visa.
I am holding an employment visa, can I apply dependant visas for my parents?
No. If you are not a permanent resident in Hong Kong, you cannot apply dependant visas for your parents. If you have an exceptional reason, Immigration will consider to grant prolonged visas for your parents.
Are there any guideline of what can do and what cannot do for a person holding a visitor visa?
1. Regulation 2(1) of the Immigration Regulations (Chapter 115A), Laws of Hong Kong, stipulates that permission given to a person to land in Hong Kong as a visitor shall be subject to the following conditions of stay: a. he shall not take any employment, whether paid or unpaid; b. he shall not establish or join in any business; and c. he shall not become a student at a school, university or other educational institution.
2. A person permitted to enter Hong Kong as a visitor may generally engage in the following business-related activities: a. concluding contracts or submitting tenders; b. examining or supervising the installation/packaging of goods or equipment; c. participating in exhibitions or trade fairs (except selling goods or supplying services direct to the general public, or constructing exhibition booths); d. settling compensation or other civil proceedings; e. participating in product orientation; and f. attending short-term seminars or other business meetings.
3. Besides, a person permitted to enter Hong Kong as a visitor may also attend an event to deliver speech(es)/ presentation(s) subject to the following conditions being met: a. he/she will not be remunerated for speaking/presenting at the event (other than provision of accommodation, passage, meals, etc. relating to the event, or the reimbursement of such expenses); b. the duration of the whole event should be no longer than seven days; and c. he/she can only attend one such event to deliver speech(es)/presentation(s) during each period of permitted stay.
4. Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence and shall be liable on conviction to a maximum fine of HK$50,000 and to imprisonment for 2 years under section 41 of the Immigration Ordinance (Chapter 115), Laws of Hong Kong.
Can exhibitors permitted to land as visitors supply services direct to the general public in exhibitions/trade fairs, e.g. packing of goods, selling the goods at the booth and receiving money from the sale?
No. Though exhibitors permitted to land as visitors are allowed to participate in promotions of products or services, they are not allowed to supply services direct to the general public during the exhibition/trade fairs, e.g. packing of goods, and selling the goods at the booth and receiving money from the sale from the general public. Lawfully employable persons should be hired to supply services direct to the general public in exhibitions/trade fairs.
What is Significant Controller? What is this for?
Significant Controllers is a new regime of Companies (Amendment) Ordinance 2018 for Hong Kong companies, which is requiring to obtain up-to-date beneficial ownership information.
Who can be the significant controller of my company?
A significant controller can be:
- A registrable person who is a natural person that has significant control over the company; and - A registrable legal entity (e.g. a company), which is a shareholder of the company that has significant control over the company.
All companies incorporated in Hong Kong (except listed companies) are required to maintain a significant controllers register (hereinafter “SCR”) which will be accessible by law enforcement officers upon demand. The SCR can be kept at the registered office or a place in Hong Kong. The significant controllers register includes but not limit to the followings:
-updating information in the register; -identifying significant controllers; -giving notices to significant controllers & others; -entering particulars in the register; -allowing inspection by law enforcement officer. The SCR should be updated within 7 days after the required particulars have all been confirmed.
Who can be the representative person of my company?
All companies incorporated in Hong Kong (except listed companies) must also designate at least one person as its representative to provide assistance relating to the significant controllers register of the company to law enforcement officers. The designated representative must be either a shareholder, director or an employee of the company who is a natural person resident in Hong Kong or an accounting professional, a legal professional or a person licensed to carry on a business as trust or company service provider.
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