HKID, immigration and expired visa

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  1. #1

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    HKID, immigration and expired visa

    Hi all,

    Does anyone know if your e-card/HKID smartcard will still work in the gates at immigration after the expiry of your work visa?

    I am getting married shortly after my work visa expires and am not returning to work (will apply for dependent's visa)- but I don't want to get caught short returning from my honeymoon if I can't get through immigration...

    Thanks!

    Katharine


  2. #2

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    My expectation would be that it wouldn't. The simple answer is to come back in on your passport as a visitor.

    BUT note that this will, in principle, interrupt your period of continuous residence which would be important if you are hoping to gain Permanent Residence after 7 years here.

    So if that is important I would go to the extension section of Immigration (or send an email to [email protected] ), and explain the situation to see if they can suggest a way that you can maintain residential status continuously between your Employment Visa and your anticipated Dependant Visa.

    Note that if you're getting married in HK (as previous posts suggest) after your visa expires then you need to do something before then. If you stay in HK after your visa expires you are committing an offence and could get into trouble. As I suggested in my post on the subject about 6 months ago, when you first asked, you should go to Immigration to sort this out.

    If you are already here illegally then do it immediately and grovel. Otherwise you might find yourself having to move your wedding...

    Last edited by PDLM; 23-03-2009 at 04:42 PM.

  3. #3

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    Quote Originally Posted by Kazbo:
    Hi all,

    Does anyone know if your e-card/HKID smartcard will still work in the gates at immigration after the expiry of your work visa?

    No it won't work - it happened to me in October 2007 when I had to leave HK urgently to deal with a court matter in the UK during the renewal process of my work permit. Once back in HK the gate would not open and I had to queue up with the non-residents and complete a landing card and be landed as a visitor for 6 months. The work permit renewal had in fact already been issued but I had no sticker in my passport to prove it. I simply went next day to pick up the new passport sticker at Wan Chai immigration.

  4. #4

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    Thanks PDLM - appreciate you had already answered a previous similar post but my situation changed as my employment in fact continued for the full year of my visa so there was no point trying to get an extension when I was still working.

    It hasn't ended yet but will end before my wedding - (11 days if you remember...)

    I went to Macau this weekend and on return asked if they would give me a tourist visa since my employment visa was soon running out, but they wouldn't while I still had a valid work visa.

    I'm now confused as to when I can get the tourist visa. Am not bothered about getting permanent residency so I can get a tourist visa - was just annoying when I'd already tried, to have to leave HK exactly the day after my visa expires and not a day later. Presumably if I just do as you suggest and go on honeymoon, hoping to get a tourist visa on return, they will spot on departure that my visa has expired and I've effectively been staying here illegally.

    As for the marriage, someone recently said that you don't actually have to be HK resident to marry here - so I wouldn't be doing anything illegally there. But I would have a short period of a few weeks of limbo in terms of status, that's true.

    Thanks for the info about the automatic immigration gates - good to know!

    K


  5. #5

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    Quote Originally Posted by Kazbo:
    I'm now confused as to when I can get the tourist visa. Am not bothered about getting permanent residency so I can get a tourist visa - was just annoying when I'd already tried, to have to leave HK exactly the day after my visa expires and not a day later. Presumably if I just do as you suggest and go on honeymoon, hoping to get a tourist visa on return, they will spot on departure that my visa has expired and I've effectively been staying here illegally.
    You have to leave sometime before the Employment Visa expires, and re-enter after it has expired. Alternatively, I guess you could go to Immigration and apply for a change of status.
    Quote Originally Posted by Kazbo:
    As for the marriage, someone recently said that you don't actually have to be HK resident to marry here - so I wouldn't be doing anything illegally there. But I would have a short period of a few weeks of limbo in terms of status, that's true.
    I'm not sure why you thought that would be necessary. Anyone who is in HK (legally) can get married in HK.

    If PR isn't an issue for you (are you sure?) then going out to Macau on the last day of your visa, and returning after midnight as a tourist is the easiest option if you can do that.

  6. #6

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    If I were you, I would go for the permanent ID and if it only was for the benefit of being able to apply for an APEC card.


  7. #7

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    Yes, however I've only been here less than 2 years and don't plan to stay another 5. So I think Permanent Residency is out of the question.

    I've emailed immigration - hopefully they can either extend my work visa or bring forward my dependent's visa based on my legal documentation for the wedding... Although I don't want PR I'd rather spend a few hours in Immigration Tower than have to spend several hours in Macau Ferry Terminal watching the clock! (having just been out there for fun this w/e)

    Thanks for all the advice - PDLM, yes I misunderstood your comment about illegality and weddings. Sorry for the confusion.

    K


  8. #8

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    In case anyone's interested for future reference I went and had a chat with Immigration. If you get a tourist visa for only a few months, as in my case, it doesn't impact on your chances of getting Permanent Residency in future. They recommend going to Macau over getting a visa extension - it's 6 months as i have a UK passport, whereas extension of stay is only a month. And you can't bring forward a dependency visa as I thought - you have to be married already.

    Hope this helps.
    (by the way, the email response was terrible - go to the actual office, they're far more helpful)


  9. #9

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    That's very interesting. I have a friend who was given exactly opposite advice by ImmD - she has been living in HK for about 9 years, but after about 4 years there was a period of several months where she was on a tourist visa, not an Employment one. She was advised that this reset the PR clock to zero. Her chances of getting it are still fine, it's just that she still has to be here for another couple of years!