The issue of dependents is also an issue that I and everyone often discuss.
Let's clarify the concept first. I mentioned my dependents in a previous article, and some friends asked me if I had written a typo. In fact, no, "dependent" is the official Translation of Hong Kong style, and the English is dependent. In the mainland expression, it is "dependent". The grant of entry by the dependant is based on the dependant as the applicant, rather than the dependant who has obtained (or will obtain) the relevant endorsement as the applicant, and the dependant is referred to as the "sponsor" in the application process. Therefore, when we discuss the grant of entry for dependants, we say that "applicant" refers to the dependant himself, not the dependant.
For Hong Kong Drift, there are three possible ways for their family members from the Mainland to stay in Hong Kong for a long time, one is to use the endorsement of family visits, the other is to come to Hong Kong as a dependent, and the third is a "one-way permit" (on the premise that the guarantor has become a permanent residence in Hong Kong). In contrast, it is much better to come to Hong Kong as a dependent than to come to Hong Kong with a family visit endorsement. Visiting Hong Kong on the basis of a family visit endorsement is subject to strict conditions of stay, and can only visit relatives and engage in other non-family visit activities, especially work, that is, it is a violation of the conditions of stay and can be repatriated at any time, or even imprisoned. Restrictions on dependents are much looser. Except for the guarantor who is the holder of the endorsement for attendance, all dependants can work and study in Hong Kong. If the guarantor is the holder of the endorsement for attendance, the dependents cannot work but can also study (equivalent to a foreign accompanying visa). Most importantly, dependants who have been in Hong Kong for seven years can apply to become Hong Kong permanent residents as long as they meet the "usual residence" requirements; if they come to Hong Kong with a family visit visa, even if they continue to stay for 70 years, it is not possible.
Unfortunately, for mainland family members, the scope of family members applicable to the entry permit of the dependant is smaller than the endorsement of family visits. The most important thing is that parents in the Mainland cannot, in principle, come to Hong Kong as dependents, but can only sign with a family visit, or wait for the parents to come to Hong Kong with a "one-way permit" after the guarantor has become a permanent residence in Hong Kong.
When the applicant (i.e. the dependent) is a Mainland resident, the guarantor must be a person who has come to Hong Kong through a work endorsement (import of mainland talent scheme, training, etc.), a student endorsement, an investment immigration, a merit scheme, or a second-generation scheme of Chinese Hong Kong permanent residents. If the applicant is not a Mainland resident, a person who has already obtained permanent residence in Hong Kong may also apply for an eligible family member to travel to Hong Kong as a dependent. This is a differential treatment for Mainland resident applicants (dependants) (without discussing whether or not to discriminate).
There is another differential treatment. If the applicant (dependant) is not a Mainland resident, in addition to the spouse and unmarried and dependent children under the age of 18, the guarantor's parents aged 60 or above may also come to Hong Kong as dependents. If the applicant (dependant) is a Mainland resident, as mentioned above, the Mainland parents of the guarantor are not eligible to apply to become dependents and can only come to Hong Kong under the "one-way permit" policy.
Compared with other ways and plans to come to Hong Kong, coming to Hong Kong as a dependent has a great advantage, that is, the time is fast. The application of the dependant may be processed at the same time as the application of the guarantor itself, or separately if the guarantor has obtained an endorsement for stay in Hong Kong. According to the immigration department's recently updated guidelines, the immigration department currently only takes six weeks to approve the application for a dependant's entry permit, which is faster than other major schemes (in the previous article, it was also suggested that Wang Feng could apply to come to Hong Kong as a dependent after marrying Zhang Ziyi, and then apply for an independent endorsement according to other schemes). Compared with the "one-way permit", coming to Hong Kong as a dependent avoids the long wait before submitting the formal application.
Therefore, for many Hong Kong drifters, if their parents can also come to Hong Kong as dependents, it will be an ideal thing. In the next article of this column, we will explore this possibility with you.
To be continued...
About the Author:
Mr. Huang Shanduan is the founder of the Cross-Border Law Society, a hong Kong-based practicing lawyer in mainland China, and an expert on cross-border legal affairs in mainland Hong Kong
Mr. Huang has extensive experience in cross-border debt enforcement, cross-border dispute resolution, cross-border family affairs, inheritance, wealth planning, cross-border direct investment, mergers and acquisitions, etc.