Visa for De Facto Spouse

A de facto spouse, i.e. one without a formal marriage certificate, is not eligible for a dependant visa. A same gender spouse with marriage certificate in overseas, is also not eligible for a dependant visa. They can however apply for prolonged visitor visas. This allows for an extended stay but does not entail the same rights and benefits as a dependant visa.

A de facto spouse cannot work or study without the prior permission of Immigration Department and is not eligible to apply for a right of abode after seven consecutive years in Hong Kong. The prolonged visitor visa holder is also not eligible to get a resident Hong Kong Identity Card.

To be successful in an application for extension of stay as a prolonged visitor, the holder of a prolonged visitor visa must provide the Immigration Department with proof of the reason for extending and proof of their financial status.

Prism’s Visa Consultant Service Involves:

• Provide consultation service regarding to the documents required for the prolonged visitor visa application;
• Prepare a tailor-made document checklist for the applicant and the sponsor;
• Complete all necessary Hong Kong Immigration forms for the applicant;
• Review and organize the collected documents in favor of immigration policy;
• Suggest alternative documents if the applicant is not able to get the listed documents;
• Submit the application to Immigration Department;
• Reply on the applicant’s behalf to all enquiries and correspondence from Immigration Department;
• Prepare and draft all letters required for submission to Immigration Department;
• Monitor the application process;
• Keep the applicant updated on the status of the application;
• Accept the approval and have the visa delivered to the applicant.

Application Procedure:

1. Free consultation regarding to the prolonged visitor visa application;
2. Advise the applicant on the alternatives and the likelihood of success;
3. Obtain the applicant’s signature on the letter of engagement;
4. Obtain deposit payment;
5. Prepare a tailor-made document checklist for the application;
6. Complete immigration forms, drafts and letters;
7. Review the collected documents to ensure they are correctly presented;
8. Draft all letters required for submission to Immigration Department;
9. Submit the prolonged visitor visa application;
10. Ongoing liaison with Immigration Department;
11. Reply Immigration Department’s enquiries on the applicant’s behalf;
12. Accept the visa approval and collect the visa label from Immigration Department;
13. Deliver the prolonged visitor visa to the sponsor/applicant.

Documents Required:

• An application form ID(E) 91 with the applicant’s signatures;
• An application form ID(E) 1003B with the applicant’s signatures;
• Copy of the applicant’s passport;
• Supporting documents to prove the long-term relationship with the de facto spouse.

Processing Time:

The visa application process normally takes 4 to 8 weeks from the date of submission.

Remarks:

• A prolonged visitor visa holder is not entitled to get a HK Identity Card.
• A prolonged visitor visa extension will be granted at the discretion of Immigration Department. However, under normal circumstances without any changes on the relationship, Immigration Department will grant another six months.