About Immigration Law in Wanchai, Hong Kong
Immigration law in Wanchai, a metropolitan area in Hong Kong, is predominantly governed by the Immigration Ordinance and administered by the Immigration Department of Hong Kong. The law covers various areas including visas, right of abode, deportation, repatriation, as well as asylum and torture claims. Hong Kong, whilst part of China, maintains its own immigration controls and policies seperate to those adhered to on the mainland.
Why You May Need a Lawyer
Immigration law can be complicated and its procedures, extensive. In cases like obtaining a visa for work, study, as an entrepreneur or investor, you may require professional legal guidance to ensure accurate submission of documents and successful outcome. Also, lawyers can provide legal assistance during deportation or removal proceedings, negotiations in repatriation cases, or for matters regarding asylum and torture claims. Clear legal guidance can help to streamline the process and increase the possibility of a favourable outcome.
Local Laws Overview
The key aspects of immigration in Wanchai, Hong Kong are mainly dictated by the Immigration Ordinance. It provides the legal framework for who can enter and stay in Hong Kong and under what circumstances — typically categorized under employment, investment, education, and family reunification visas respectively. Additionally, the law also includes provisions for right of abode for certain categories of people, including permanent residents of Hong Kong.
Frequently Asked Questions
1. Can I apply for a visa to work in Hong Kong?
Yes, under the General Employment Policy (GEP), foreigners with special skills, knowledge, or experience can apply for a visa to work in Hong Kong. You must have a confirmed job offer in Hong Kong that is relevant to your skills or knowledge.
2. How can I apply for asylum in Hong Kong?
Claimants must apply for asylum directly with the Immigration Department of Hong Kong. The claim will be assessed according to the Unified Screening Mechanism (USM), but it's advisable to seek legal advice before proceeding.
3. How long does a visa process take?
Generally, visa processing time in Hong Kong can range from four weeks to a few months. It largely depends on the type of visa and completeness of the application.
4. Can I gain permanent residence in Hong Kong?
Yes, provided you have resided in Hong Kong lawfully for a continuous period of not less than seven years you can apply for the right of abode.
5. What can I do if my visa application is rejected?
If your visa application is rejected, you may lodge a request to the Immigration Department for a review or reconsideration of their decision. It's suggested to take advice from an immigration lawyer in this case.
Additional Resources
You may find the official website of the Immigration Department of Hong Kong and the Hong Kong Judiciary website helpful. Non-profit organizations like PathFinders and Justice Centre Hong Kong also provide resources and assistance to immigrants and refugees. Law libraries and legal aid services are also available for further support.
Next Steps
If you require legal assistance in immigration matters, you should consult with or hire an attorney who specializes in immigration law in Hong Kong. Prepare all necessary documents, understand your rights and responsibilities under the law, and plan your actions accordingly. If you have issues affording legal services, look for non-profit organizations that may provide free or reduced-cost services.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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