Overstaying need advice

[kelvinthapa]

I am arrived in hk on november 2007 as dependent of my wife. at the last visa grant on november 2011 to may 2014 I did not grant 3years visa cause of my passport valid expire so after that my wife divorce with me cause she have other boy friend I live in hk 6years and 6 month legally untill may 2014 after that my wife not help to extend my six month visa I am contruction worker my salary more than 25000 I paid revenue inland salary tax every years no criminal report but now I am 2 years over stay is any chances to stay hk. I don't have idea what can I do, what to do please help me to fine way, you can contact me if you have idea or legal adviser God bless to all thank you

[hullexile]

I am arrived in hk on november 2007 as dependent of my wife. at the last visa grant on november 2011 to may 2014 I did not grant 3years visa cause of my passport valid expire so after that my wife divorce with me cause she have other boy friend I live in hk 6years and 6 month legally untill may 2014 after that my wife not help to extend my six month visa I am contruction worker my salary more than 25000 I paid revenue inland salary tax every years no criminal report but now I am 2 years over stay is any chances to stay hk. I don't have idea what can I do, what to do please help me to fine way, you can contact me if you have idea or legal adviser God bless to all thank you

I would suggest you go to your consulate and hopefully they will help you (what nationality are you?). You will need to voluntarily surrender to immigration. I would have thought your chances of staying in HK are very slim but things will be a lot worse if you are caught.

[Claire ex-ax]

Two years' overstaying? Slim to none to ImmD allowing you to stay.

For one thing you would need a visa, and you would not, in all likelihood, qualify for an employment one. So you might need to give up any idea that staying in Hong Kong is a possibility.

Second, you have actually broken the law. You will be fortunate if you are just required to leave immediately, with a 3-year bar on returning to Hong Kong. If you are very unfortunate you will receive a fine and a prison sentence. If you hand yourself over to ImmD the first is more likely.

As Hullexile, check with your consulate for their advice first. Perhaps an official can accompany you to ImmD. Throw yourself on the 'mercy' of ImmD. Have your bags all ready packed.

[hullexile]

Two years' overstaying? Slim to none to ImmD allowing you to stay.

For one thing you would need a visa, and you would not, in all likelihood, qualify for an employment one. So you might need to give up any idea that staying in Hong Kong is a possibility.

Second, you have actually broken the law. You will be fortunate if you are just required to leave immediately, with a 3-year bar on returning to Hong Kong. If you are very unfortunate you will receive a fine and a prison sentence. If you hand yourself over to ImmD the first is more likely.

As Hullexile, check with your consulate for their advice first. Perhaps an official can accompany you to ImmD. Throw yourself on the 'mercy' of ImmD. Have your bags all ready packed.

What you say may be true but I think they would take the past into account. I think the modt likely is a court appearance, free while waiting , then deportation. If he has the money to buy a ticket himself they might even give him a few days to leave. Have known this happen in a worse case.

[HowardCoombs]

If it was me, I'd look for a fishing or sailing boat to take me out of here....
2 years overstaying is not something I would want to explain to IMMD.

[Claire ex-ax]

What you say may be true but I think they would take the past into account. I think the modt likely is a court appearance, free while waiting , then deportation. If he has the money to buy a ticket himself they might even give him a few days to leave. Have known this happen in a worse case.

We know how ImmD does 'raids' on construction sites looking for illegal workers and it could be worse if he is caught that way - the authorities like to make examples of them. If he hands himself in then he's not part of one of these 'shows' and a little leeway may be given. No harm in having one's bags packed and other things sorted.

[hullexile]

We know how ImmD does 'raids' on construction sites looking for illegal workers and it could be worse if he is caught that way - the authorities like to make examples of them. If he hands himself in then he's not part of one of these 'shows' and a little leeway may be given. No harm in having one's bags packed and other things sorted.

I know, that is what I said in post #2

[chuckster007]

Thapa, a Nepalese surname, if you give urself up they will probably arrest you, jail you and after you finish your jail sentence deport you back to Nepal.

[JaredHK]

He's Nepalese if his handle is his real name. The immi is not too nice to them and South Asians in general. I know of a Nepalese and Indian in similar situations who were arrested and deported after turning themselves in. Chuckster is absolutely correct. He might want to get himself a lawyer.

[Lord Dashwood]

Hmm.

First of all, turning yourself in is at best going to result in deportation, at worst, deportation after a spell in prison.

Given that, I would be tempted to get my ass back to Nepal overland...is that possible? Get a new passport and then try and come back some other way, if coming back is really the best option.