For a sponsor who has been admitted into the HKSAR to take up employment (as a professional, for investment to establish/join in business, or for training) or studies (in full-time undergraduate or post-graduate local programmes in local degree-awarding institutions), or who is permitted to remain in the HKSAR as an entrant under the Capital Investment Entrant Scheme*, the Quality Migrant Admission Scheme or the Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents, the following dependants may apply to join him/her for residence in the HKSAR:
- his/her spouse; or
- the other party to a same-sex civil partnership, same-sex civil union, “same-sex marriage”, opposite-sex civil partnership or opposite-sex civil union entered into by him/her in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration; and
- his/her unmarried dependent children under the age of 18.
For a sponsor who is a Hong Kong permanent resident or a resident who is not subject to a limit of stay (i.e. a resident with the right to land or on unconditional stay), the following dependants may apply to join him/her for residence in the HKSAR:
- his/her spouse; or
- the other party to a same-sex civil partnership, same-sex civil union, “same-sex marriage”, opposite-sex civil partnership or opposite-sex civil union entered into by him/her in accordance with the local law in force of the place of celebration and with such status being legally and officially recognised by the local authorities of the place of celebration; and
- his/her unmarried dependent children under the age of 18; and
- his/her parents aged 60 or above.
Under the existing policy, while dependants, whose sponsors have been admitted into the HKSAR for study, may take up studies in the HKSAR, they are prohibited from taking up employment in the HKSAR unless they have obtained prior permission from the Director of Immigration.
An application for entry to take up residence as a dependant may be favourably considered if:
- there is reasonable proof of a genuine relationship between the applicant and the sponsor;
- there is no known record to the detriment of the applicant; and
- the sponsor is able to support the dependant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in the HKSAR.
This entry arrangement does not apply to:
- Chinese residents of the Mainland [except for those whose sponsors have been admitted to take up employment (as professionals, for investment to establish/join in business, or for training) or studies (in full-time undergraduate or post-graduate local programmes in local degree-awarding institutions), or whose sponsors have been admitted as entrants under the Capital Investment Entrant Scheme*, the Quality Migrant Admission Scheme or the Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents];
- former Mainland Chinese residents residing in the Macao SAR who have obtained Macao identity cards for less than seven years, unless they have acquired residence in the Macao SAR through the One-way Permit Scheme; and
- nationals of Afghanistan and Korea (Democratic People’s Republic of).
PRC passport holders living overseas, who have obtained permanent residence in an overseas country, may apply for entry as dependants. PRC passport holders who have been residing overseas for not less than one year may apply for entry as dependants to join sponsors who have resided overseas for not less than one year and been admitted to take up employment in the HKSAR**, or as entrants under the Quality Migrant Admission Scheme***. They will also have to satisfy the criteria stipulated in paragraph 1 and other normal immigration requirements.
*With effect from 15 January 2015, the Capital Investment Entrant Scheme has been suspended until further notice.
**
PRC passport holders living overseas, who meet the criteria stipulated in paragraph 4 or 5 and normal immigration requirements, may apply to enter the HKSAR for employment or investment under the General Employment Policy if:
- the applicant has permanent residence overseas; or
- the applicant has been residing overseas for at least one year immediately before the submission of application (“overseas” means countries or territories outside the Mainland, the HKSAR and the Macao SAR) and that the application is submitted from overseas.
***An overseas Chinese national holding a PRC passport who submits an application from overseas and who has been residing overseas for at least one year immediately before submission of the application (“overseas” means countries or territories outside the Mainland, the HKSAR and the Macao SAR) may apply to come to the HKSAR for residence under the Scheme on the strength of his/her valid PRC passport.