If you are a Hong Kong resident, you are allowed to sponsor a partner, child, or other family members. The immigrations department allows you to do so on condition that you can provide for the dependants, afford decent accommodation, and they do not have criminal records. In this post, we evaluate the most important things you need to know about Hong Kong family visa.
People who can be sponsored to come and reside in Hong Kong
Mainland Chinese family members
Hong Kong allows a daily quota of 150 immigrants from mainland China to enter and settle permanently. These immigrants are required to acquire a One-Way Ticket from the immigrations authorities in the Mainland China. The one-way permit is provided to;
- Children of Hong Kong permanent residents of Chinese nationality,
- Spouses of residents who enjoy right of abode.
- Dependants coming to join relatives in Hong Kong.
- People heading to Hong Kong to take care of dependant’s elderly or children.
- People targeting entering Hong Kong to inherit relatives’ property.
Macau family members
If you have a relative in Macau, they will be granted application upon request and assessment if;
- He/she is your spouse
- Are unmarried children below 18 years
- Elderly parents over 60 years
It is prudent to point that though the laws that govern dependants immigration from Mainland China are similar to those for Macau, Hong Kong treats the latter in the same way as countries outside China.
Family members of permanent and non-permanent residents from other countries (except China)
If you have a working visa or has immigrated using an investment visa, it is still possible to sponsor family members. The immigration’s department requires you to make an application for the Hong Kong family visa detailing your relationship with the dependants, financial capability to support them, and proof of descent accommodation. If you are a non-permanent resident in Hong Kong, the family members will get dependent visa as long as the sponsor’s visa remain valid. Under the Immigration Ordinance, the Director of Immigration is mandated to assess and approve/decline the application based on internal guidelines.
Note that Hong Kong Immigration Department only recognizes people who are legally married to allow them entry under dependant visa. Besides, though legal power permits spouses and children right to get Hong Kong family visa, the immigration department can allow exceptions.
What to do if a Hong Kong family visa is declined ?
The immigration department exclusively determines the decision to grant a dependant visa. For Chinese residents who are denied their one-way permit to reside in Hong Kong, the best thing is to follow with the Chinese authorities. The Hong Kong authority does not have a hand in determining who wins the one-way permit from China.
For non-Chinese applicants from other countries, rejection of Hong Kong family visa is in many cases conclusive. The best action is to follow with the Hong Kong immigration department to establish whether some information was missing or incorrect. The department could allow you to make a request for a review of the application.
If you still have a feeling that the decision to deny you a Hong Kong family visa was unfair, you can consider seeking a judicial review. However, the chances of the court ruling in your favour are very slim. In many cases, the court only orders the immigration to relook at your application. The best thing to do after a dependant visa has been declined is to seek legal advice. Experts will be able to look at your documents and point out what might have caused the visa denial. Once you correct the details, wait for about 6 months to reapply again.