高德溫事務所 Goodwin Divorce

離婚移民

Divorce Immigration

Wave of immigration leads to foreign divorces- Divorce Immigration

In recent years, disputes have occurred in Hong Kong from time to time due to social or personal issues, such as differences in values ​​and parenting styles; social events have caused ruptures in relationships between husband and wife, family members, friends, masters and apprentices, etc. Many people move to other places to live. The United Kingdom, Canada, and Australia are all popular places for Hong Kong people to immigrate. However, each country has different legal and tax issues, so you need to pay attention before immigrating.

The UK has launched the BNO visa program (including the relaxation of the BNO “5+1”), allowing the applicant’s spouse, partner and minor children to apply separately. Although this plan provides greater flexibility for immigrant parents, unforeseen variables will still occur during the process. If the couple divorces midway, it will have a certain impact on subsequent immigration applications.

Divorce Immigration

Many people choose to stay in Hong Kong to make money due to work problems, and their family members immigrate to other places. This can reduce taxes and make their lives more secure in the future. However, many countries treat families as individuals when it comes to immigration, and all immigration needs to be completed. The process requires all family members to remain in the country for a sufficient period of time to actually become naturalized. In view of this, many couples will consider divorcing first and then going through immigration procedures. Although it seems like a functional divorce, forced by the system, in fact, even a divorce due to immigration is considered a real divorce. It will be difficult to recover child custody and distributed property in the future, so you must think twice. 

Generally speaking, most of the reasons are due to the increase in travel costs caused by the epidemic. It is more feasible if one of the parents goes first for inspection, and then decides whether to apply for immigration as a family after a more comprehensive consideration based on the local conditions. But there are many variables in this process.

The husband and wife each hold a BNO passport, and only the husband’s BNO qualification is used when applying. That is, the wife is applying as a dependent, not as a separate application. However, after the family moved to the UK, the husband chose to return to Hong Kong to work, while his wife and children stayed in the UK. However, the husband suddenly filed for divorce six months after returning to Hong Kong, which had some impact on subsequent immigration plans. If the above artificial variables in family relationships and marital relationships occur, it is normally difficult to control them. In view of this situation, it is recommended that both applicants with BNO passports must apply independently. This is relatively more secure, and can also reduce the impact of divorce on children and avoid other troubles in the long run.

In addition, since the wife also holds a BNO passport, the British Home Office will also handle it at its discretion, or the local conversion application may be obtained through negotiation, but the procedure will be more complicated.

What preparations should I make if I want to divorce and immigrate in Hong Kong?

  1. Divorce preparation

  • Contact us: For advice on divorce proceedings and legal procedures.

  • Sharing property: Determining how property will be divided, including real estate, savings and investments, and how marital debts will be paid.

  • Consider child care: If you have children, you will need to consider custody and access rights to the children, as well as the payment of child support.

  • Prepare documents: You need to prepare divorce application, certification documents, property certification documents, etc. The specific details need to be discussed with us.

  1. Immigration preparation

  • Choose your destination: First decide on the country you want to travel to to learn about that country’s immigration policies and procedures.

  • Understand visa types: Different countries have different visa types, such as work visas, business visas, family reunion visas, etc. You need to understand the application requirements and procedures for different visa types.

  • Prepare documents: Prepare required documents, including passport, ID card, birth certificate, marriage certificate, academic certificate, work experience certificate, etc. Different visa types require different documents. For specific details, you need to check the immigration policy of the destination country.

  • Consider fees: Immigration requires different fees, including visa fees, lawyer fees, migration agent fees, etc. Relevant costs need to be considered to ensure adequate financial preparations are made.

These are some basic preparation steps, but the specifics vary from person to person. If you encounter difficulties or have special circumstances, it is recommended to seek our professional assistance.

What should you pay attention to when immigrating to a foreign country?

Immigrating to a foreign country requires careful consideration. Here are some things to note:

  1. Immigration policies and procedures of the destination country: Different countries have different immigration policies and procedures, which need to be carefully studied and understood to ensure that you meet the conditions and can successfully apply for immigration.

  2. Language and Culture: When immigrating to a new country, language and culture differences can be significant. It takes time to learn the language and culture of the destination country to adapt to the new environment.

  3. Employment and work visa: After immigrating, you need to find a job to make a living, and you need to understand the job market and work visa application process in the destination country.

  4. Medical insurance and social welfare: After immigrating, you need to understand the medical insurance and social welfare system of the destination country to ensure that you and your family are supported in the event of illness or other unfortunate events.

  5. Financial preparation: Immigration requires paying many fees, including visa fees, lawyer fees, immigration agent fees, etc. In addition, you also need to prepare enough finances to cope with the living expenses after immigration, especially before finding a job.

  6. Safety and Crime Rate: When immigrating to a new country, you need to pay attention to the safety situation and crime rate of the destination country to avoid becoming a victim.

The above are some things that need attention, but the specific situation varies from person to person. Before immigrating, it is recommended to further understand the situation in the destination country and seek the assistance of professional lawyers and immigration agents to reduce risks and problems.