DH Visa to Dependant visa

Posted by pere (154 days ago)

I brought my Aunt to HK on DH visa (3 yrs) to take care of my (now 1.3yr old) baby. But the situation turned to worse, as my new job requires me to travel frequently out of HK, and my wife is not able to look after the baby properly due to a psychological disoder. My question is: Do I have any legal ground to apply a dependant visa for my Aunt who is in fact a close relative, whom I consider as the Guardian of the baby. And she has refused to accept any money as a relative and purely she loves the baby so much. Thanks for any legal advice on how to proceed, and this could benift me to exempt from paying the DH tax too.

(I am based in Hong Kong)

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Posted by GreenValleys (154 days ago)

From experience I would say your chances are NIL. However, regardless of the responses you get here the only one that really counts is the response from Immigration, so I suggest you talk to them. Be prepared with a good argument, though, because she is NOT your dependant - and that will be the prime reason for rejection.

PS: I think you might already be in a degree of trouble as you brought a relative here on a DH visa (not in itself barred but certainly frowned upon) and you haven't been paying her according to the employment contract. You need to tread very carefully with Immigration.

(I am based in Jakarta)

Posted by evildeeds (154 days ago)

Firstly an Aunt will not be considered for a dependant visa. The rules on this are clear and only apply to immediate members of family (spouse, children under 18 and parents over 60).

Secondly DH to dependant visa's is not possible. A DH would have to end a contract, leave the territory and then apply for a visa with no guarantee that one would be granted.

(I am based in Hong Kong)

Posted by pere (154 days ago)

let me clarify few points.
She refused to accept payment and not I stop paying her.
If dependant visa is not possible what type of visa will be the most appropriate (and possible), as DH visa is not suit either in this case.
If the Father is a Chinese and the Mother is a HK permenant resident how could this be turned to the advantage.
Thanks beforehand!

(I am based in Hong Kong)

Posted by GreenValleys (154 days ago)

Why don't you ask Immigration? My bet is that she could get nothing more than a tourist visa.

(I am based in Jakarta)

Posted by pere (153 days ago)

I did ask from the Immigration but the answer is not satisfactory. There is only DH and Dependant visa, and my issue will not fall into either. What should be my next step??

(I am based in Hong Kong)

Posted by GreenValleys (153 days ago)

Well then, considering Immigration administers the laws concerning HK visas I'd. say you've done just about all you can do - other than go back and ask about the tourist visa option. Anyone (almost) can get that unless blacklisted. She would need to leave & re+enter HK to renew the visa each time it expired and eventually they will notice the pattern and put a stop to it, possibly even preventing re-entry. Depending on her citizenship the visa period could be too short to make that a viable option anyway. That's about all I can offer you. If all that fails you might need to consider a 'real' DH or a local help who will not have visa issues. Your child should adapt to anyone who shows it love and attention - not just a favourite aunt.

(I am based in Jakarta)

Posted by Moppet (153 days ago)

I would say that regardless of if she will accept the money or not she is doing the job of a DH so you should put the money your aunt is due into a bank account for her and you should insist that she has it to secure her future and then you continue on a DH visa. It also prevents you from breaking the law.

The fact you have someone you can trust to care for your child should be the most important thing in this not money.
Immigration are not going to change the rules for you so you need to either continue as you are (but paying her) or find a regular DH.

(I am based in Hong Kong)