[jeffonthego]

Thanks for the fast turnaround and detailed discussion.

So, in summary:

1) If I want PR, I have to earn it myself.

2) If I have to leave HK before I get my PR, then when I come back my partner can apply to sponsor me as a dependent if we're married.

3) If are not married, however, could still try an application, but sounds like it is unlikely to succeed as HK government wouldn't recognise our common-law-spouse history in another country.

On the latter point, is there any movement or debate in HK about its lack of recognition for people living together in common law relationships?

I notice that the government makes a point in Q.39B e) of mentioning that its policy "is consistent with international practice", citing "other major developed economies" such as Canada.

Well it certainly isn't in line with Canada and many "other major developed economies" on the issue of common law relationships.

So does the government have anything to say about this? Does it care? Does anyone else care?

I'm admittedly not committed enough yet to HK to start up a campaign to pressure the government on this, however if there were such a movement already afoot, I'd happily lend my name/support to it.

Considering the number of expats in HK, as well as the number of locals who have lived abroad in Western countires, I'd find it hard to believe there aren't people interested in this issue. Am I wrong?

[PDLM]

Originally Posted by jeffonthego

Well it certainly isn't in line with Canada and many "other major developed economies" on the issue of common law relationships.

Really? So Canada allows alien "common law" partners of residents to live and work freely in Canada? I think that would be unusual - I'm pretty sure it's not true of the UK, for example. Many countries recognise "common law" partnerships to some extent in their domestic law, but I'm not at all sure that extends to letting alien "common law" partners set up residence / be employed.

[KnowItAll]

A Canadian can sponsor a common law partner for immigration.

Very recent change from the looks of it ..

http://www.cic.gc.ca/english/applications/spouse.html

Still, I see no reason for HK to follow.

Jeff -- I'd recommend you starting a vigil in front of the government offices -- my point being what are you going to do about it other than moan on an anonymous forum?

[jeffonthego]

Firstly, I wasn't specifically referring to immigration, rather the general lack of recognition in HK for common-law relationships. Since HK prides itself so much on following western developed economy standards, it seems quite retrograde for it not to recognize this one - particularly since it is a fact of life for many of its residents, whether or not the government likes it.

So KnowItAll, not to appear ungrateful of your information, but why such a dismissive hostility to the idea? You may "see no reason for HK to follow", but the thousands of people living in such relationships in HK today (whether you like it or not), would undoubtedly disagree. It's always easy for people to be dismissive when its someone else's rights that are not being respected.

As for me, the first step is getting information, which is what I'm doing here. I will take it up with the government, I can be quite a persistent pest on such issues. No need to start a vigil. I'd be most surprised, however, if there isn't already a movement afoot that I can lend support to. Anyone know of any such groups interested in this issue?

[Louiseamanda]

hi

on this subject it does seem the laws are not apace with social change. There are many cohabiting couples who will not fit into any of the immigration categories.
So as far as I know, for example, if you want to get an ID card then you will need to apply for an extension of your visa and not remain on a tourist visa.
If you have a sponsor (your partner) supporting you and can prove that you were cohabiting a while, is this enough to qualify for an extension of your visa, to mirror your partners visa duration and what sort of visa would this be called? )?dependent? or simply a visa extension for special circumstances.
I would be interested in hearing if anyone tried this and whether they had indeed to show their appointment booking for marriage, or whether a long term relationship is recognised. Not every couple wants to get married for various reasons and to please authorities is not a good reason for it.
`Seems that if you said you were getting married, you could always cancel it! but then again, you would run into the same problem on renewal.

Has anyone tested out the extending your visa this way, I wonder.

LA

[jaykay]

It would be a pretty bad way of going about things seems it's the immigration department who handles wedding registrations if you are getting married in hk, and you must also get married withing 3 months of consent being given or lose the consent and have to apply again.

HK status rules reflect many other western country recognitions of a relationship including the UK. Social change has nothing to do with it, HK is a part of China and will, if anything, move more towards what apeases the mainland as opposed to what happens in other western nations.

[Louiseamanda]

Hi JayKay

Of course I am not suggesting anyone lies to the authorities (I haven't either, I hope you understand!) but not sure that people getting married to suit the Chinese authorities is the best way forward! (or any other authorities - but I agree that this happens all over the world ie people getting married to secure visas for one partner or other or for one person to be allowed to stay in the country with the other)

Cheers
LA

[Louiseamanda]

[quote=Louiseamanda]hi


Has anyone tested out the extending your visa this way, I wonder.

BTW to clarify , I was interested if anyone has applied for an extension of visa, in the situatiuon of living with partner as married couple.
And I disagree about the attitude to live-in relationships - since (immigration issues aside and visa issues etc) mostly live-in relationships is recognised as a married one (it is for tax purposes I can tell you)

LA

[PDLM]

Originally Posted by Louiseamanda

mostly live-in relationships is recognised as a married one (it is for tax purposes I can tell you)

This document says not for Joint Assessment http://www.ird.gov.hk/eng/pdf/ind_jae.pdf

And this document certainly implies very strongly that married person allowances and the income of husband and wife are only applicable for legally married couples. http://www.ird.gov.hk/eng/pdf/tax_guide_e.pdf

In which respect to you believe that unmarried couples are treated by the Inland Revenue as if they were married?

[Louiseamanda]

hi
sorry was not referriong to Hong Kong but in terms of Child tax allowance in UK.

LA