FDH "overstayed". Help!

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  1. #1

    Join Date
    Feb 2010
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    A teeny flat
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    267

    FDH "overstayed". Help!

    We have a lovely Indian FDH and we renewed her contract in Nov'13 (she has been with us for 2 good years and her visa was expiring on 2 Dec'13). When I went to pick up her new working visa, I asked the immigration officer on when she should be going in and out of HK and he replied, "Anytime before 6 Feb'14".

    This morning, we got to the immigration counter at Shun Tak Centre and got told by the immigration officer that FDH has overstayed and that she cannot join our family trip to Macau because she was supposed to exit on 2 Dec'13. I explained to the immigration officer on what I was told by the immigration officer in Nov'13. She blanked me saying that it is my responsibility to know the exit date and that there has been a misunderstanding. She suggested that we continue our trip and requested our FDH to go back to our flat and to apply for extension of stay on Tuesday.

    Now, I'm all worried because I've read the threads on here and I really don't want her to get fined/imprisoned/deported. My friends have been telling me that the immigration officer would have detained her if she was in real trouble and to sleep on it till Tuesday (this long weekend is driving me insane!). If anyone or knows of anyone who had been through a similar situation, please can you share the outcome.

    Cheers!


  2. #2

    Join Date
    Dec 2005
    Posts
    1,550

    You can go to immigration department on next working day, explain the situation, write an apology letter to addressed to director of immigration, wait one or two days for approval and get ur fdh a courtesy visit visa covering the two months ..then she can exit n come back activating the new visa..

    We had know ppl in similar situation, but on work visas..i think it would be same for the fdh visa holder..

    The 6 feb 14 was the latest day by which her visa shud be activated / date of entry...she shud have exited on / before 2 dec 13 and entered Again on / before 6 feb 14.. i hope this is the case..

    Sent from my GT-N7105 using GeoClicks mobile app

    Last edited by shafiq; 01-02-2014 at 12:57 AM.

  3. #3

    Join Date
    May 2006
    Location
    Pampanga, Philippines
    Posts
    29,763

    I think as an FDH under contract she will be fine. It is not as though she was deliberately working without permission. It is different to the normal overstayer situation IMHO. She should be prepared to grovel though.