Are dependent visas reasonably denied?

Post Date: Jan 27th, 2015 | Categories: Crime, Immigration, Legal, VF Opinion | COMMENT

After seeking asylum in Hong Kong, one of the first things refugees learn from peers is that they will never be allowed to integrate and earn a living (including successful non-refoulement claimants) unless they marry a resident and successfully obtain a dependent visa – which requires withdrawing protection claims before the sticker is affixed to a passport.

Immigration guidelines indicate that dependent visas generally take three months to process, although refugees experience a different treatment that, when successful, is likely to take two years and otherwise drags on for many years with litigation (which doesn’t come free) rising as the only option to break the stalemate, if official obduracy can be described as such.

A refugee blogger recently described immigration strategies as perceived by his community, “They know that certain people will find a way that is convenient for the government – though unfair for refugees – like marriage, moving to another country, smuggling out and closing asylum claims through so-called ‘voluntary departures’.”

The stigmatization of individuals who sought sanctuary in Asia’s World City is so profound that even years of love with local citizens cannot wash it away. Not even when beautiful children are living proof that marriages are real and a genuine family exists behind the paperwork that, in the mind of immigration officers, might have thrown a monkey wrench into removal proceedings.

A pattern emerges when scores of dependent visas are denied or delayed for applicants who were so unfortunate as to seek asylum before falling in love. It is unrealistic to expect that authorities publish statistics on failed application, which in our view should include applications stalled by ‘non decisions’ for over one year. The data would speak volumes about the bias treatment of refugee spouses.

It is regrettable that Immigration consistently fails applicants who committed mild offenses such as working, despite work being absolutely necessary for refugees to make ends meet since they do not receive adequate welfare assistance and belong to ethnic groups that are largely shunned by charities as being less deserving of their limited resources.

Working illegally is a matter of survival for most refugees, but a criminal conviction will jeopardize the fate of a family – including the future of resident children – even if a struggling refugee was arrested years before for selling bootlegged software or fake leather bags to keep a roof over his head or supplement meager food rations. Where is the fairness of laws that constrain pathways of survival only to mercilessly penalize those with no alternative but to stray?

A few examples illustrate the predicament faced by dozens of refugees:

Case one: a refugee since 2005, married in 2013 and was denied a dependent visa for reason of a life-time deportation order triggered by a 2007 offense “to export goods to which a forged trademark was applied” [NB: copy goods] at a time before he knew about refugee welfare assistance.

Case two: a refugee since 2005, married in 2011 and has a son. He was convicted of working, though he pleaded not guilty as he was visiting a friend at his place of employment. He was nonetheless convicted to four months and marked as ‘persona non grata’.

Case three: a long time refugee since 2002 married in 2008 and has a son. This family has been waiting for a dependent visa for 6 years. Arrested for false representation to an immigration officers after arriving in Hong Kong with a dodgy passport, he was served a deportation order that he gets suspended every year by the office of the Chief Executive. He has no chance of being granted a visa until said order is quashed.  

Vision First takes the view that refugees must not be punished for struggling to survive in a hostile environment arguably designed to push them into criminality. On Sunday a refugee was arrested for being in possession of 5 mobile phone chargers (worth 300$) which he is accused of intending to trade, presumably to support his wife and child. Wouldn’t police resources be better allocated pursuing more substantial criminal activity?

It is further a travesty of justice that resident spouses and children are denied a legitimate future. There is a need for a moratorium on immigration rules the stringent application of which will never persuade fathers to abandon their loved ones.

Are dependent visas reasonably denied


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3 Comments

  1. i have been processing dependent visa since 3 months and the process is going on . i came from china with no hk visa illegally ..so will they grant my visa??? if yes how long???

    Reply
  2. CuongAnh

    After seeking asylum in Hong Kong, one of the first things refugees learn from peers is that they will never be allowed to integrate and earn a living (including successful non-refoulement claimants) unless they marry a resident and successfully obtain a dependent visa – which requires withdrawing protection claims before the sticker is affixed to a passport
    ?????
    I want to ask. that you think. a refugee visa petition must cancel free of floors 9 Kowloonbay deported and they have to get married

    Reply

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