Girlfriend arrested after going to immigration tower ... NEED ADVICE

[emx]

she overstay about four months

After her court appearance, they will send her home and ask her not to come back anytime soon.

[chuckster007]

she overstay about four months

Indonesian / Overstayed 4 months = VERY BAD

What kind of visa was she here in HK on??

Jail time then deportation / Banned from HK for a year ++ is the usual punishment given out.

[merchantms]

Hello everyone,

after my girlfriend realised, that she have a issue with an overstay in HK she was going to the immigration tower today. She texted me that they put her into jail for two days and after that she has to go to the court. Obviously they took her mobile away because I can't reach her anymore. Have anyone a good advice for me what I can do to help her. I'm not in HK right now.

Thank you so much

How did she "realize" she overstayed? If she is on an FDH visa and still employed by a household, normally a letter/appearance by the employer can clear this up. If she's on an FDH visa, finished her contract, and didn't leave on time, I don't think she will get any leniency. Same if she's on a tourist visa. Four months is quite a long time and it will look like she was working illegally or jobseeking.

[Mat]

Hello everyone,after my girlfriend realised, that she have a issue with an overstay in HK she was going to the immigration tower today. She texted me that they put her into jail for two days and after that she has to go to the court. Obviously they took her mobile away because I can't reach her anymore. Have anyone a good advice for me what I can do to help her. I'm not in HK right now.Thank you so much

She did not suddenly realized as you say. She overstayed 4 months. That's' very different from say a day or two or even a week.As the others have said. She will be sent away and not be able to come back anytime soon.

[HK_Katherine]

Even an overpaid white banker would probably get more than a slap on the wrist for 4 months. An Indonesian? No chance.

[Fiona in HKG]

The head of one of our subsidiaries overstayed three months (fell between the 'is he yours or is he ours' situation for visa maintenance - he was theirs). I attended Immigration Tower with him to plead his case. Was told they couldn't do anything and I had to take him to Skyline Tower in Kowloon Bay to 'surrender'. We were taken through security, alongside people in plastic handcuffs being escorted into the premises by non-uniformed immigration officers. Then we were put in a room with a sign showing how to contact Legal Aid.

It was a very uncomfortable visit, my head of business unit was convinced he was about to be deported. Thankfully, after explaining the situation to the officer assigned to the case, and being extremely apologetic about how this had happened, etc., he arranged for us to return to Immigration Tower the next day and process an immediate extension of stay.

I don't think many of the ladies I saw being brought in, met the same fate. I doubt there is any case that can be pled for a four-month overstay such as this one.

[Nep]

My daughter overstayed 3 months. We only realised at immigration at the airport. The visa was only valid as long as her passport and somehow I overlooked this.
She was two at that time. We had a flight to catch and the officer didn’t want to take my offer of putting her in prison until we are back from holiday.

[civil_servant]

Often times it's one status that determines the outcome of this situation.

Overstaying on dependent visa -> lots of leniency
Overstaying as employee on permanent job contracts -> more leniency

For the above two categories it's easier to argue that one just forgot to renew their visas.

Overstaying after renewing temporary contract -> little leniency
Overstaying after work contract expires and no work contract renewal -> no leniency

[hullexile]

It will depend on the story she told. Hopefully she did not say she was staying with you or else you could also be in trouble.

If you can't contact her then this advice is useless. She needs to contact the Consulate immediately. In fact she should have gone to the Consulate first though I don't know if the Indonesian Consulate is as good as the Philippines one.

If she can say she will buy her ticket out they may release her pending the court case.

[freeier]

My daughter overstayed 3 months. We only realised at immigration at the airport. The visa was only valid as long as her passport and somehow I overlooked this.
She was two at that time. We had a flight to catch and the officer didn’t want to take my offer of putting her in prison until we are back from holiday.

just curious, how does an toddler have a passport that is only 2 year tenor ? i would think a normal one is at least 5years since you generally cannot travel once the remaining tenor of the passport falls below 6mths..

i would think usually toddler goes with the parents if they don't have their own passport..