Like Tree55Likes

Urgent advice needed: impact of criminal conviction in HK on my work visa and permanent residence

Reply
Page 2 of 5 FirstFirst 1 2 3 4 5 LastLast
  1. #11

    Join Date
    Jun 2019
    Posts
    9

    Yes, I am going to request my ex to intervene but not counting on it. Thank you so much for your good wishes. I really need all the positive reinforcement I can get.

    shri and MABinPengChau like this.

  2. #12

    Join Date
    Jun 2019
    Posts
    9

    My feelings exactly.


  3. #13

    Join Date
    May 2006
    Posts
    5,657
    Quote Originally Posted by shri
    Mandatory viewing if you've not seen this. Very much American, but it does apply to anyone who has the "right to remain silent".

    Even if you want to confess, wait till you get advice before you do. Unfortunately, very very few of us have the mental strength to say "no" to a figure of authority. We may say we will - esp online, but in reality subconscious respect or fear of authority takes over.

    https://www.youtube.com/watch?v=d-7o9xYp7eE
    I'd squeal like a pig ... about my boyfriend.

  4. #14

    Join Date
    Dec 2002
    Location
    ???
    Posts
    28,646

  5. #15

    Join Date
    Jun 2019
    Posts
    9

    Shri! This is so helpful and illuminating!


  6. #16

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,331

    I guess you can consider yourself lucky, meanwhile in Indonesia those bringing drugs into the country are sentenced to death by firing squad. Don't play with drugs in Asia, the penalties are too serious. Take care.


  7. #17

    Join Date
    Jun 2019
    Posts
    9

    Update: met the lawyer

    Okay, I met the lawyer today. He said with my confession and the fact that it was found in my personal belongings mean the evidence against me is strong. I cannot renege my statement unless I can prove it was made under duress or involuntarily. Which it wasn't. A charge for possession is likely.

    Secondly, the court proceedings and possible conviction are not going to have any bearing on my valid work visa or employment. But there is a chance that if convicted, my application for permanent residence could go either way. There's no blanket ban on people with convictions trying to secure PR and immigration reviews each case individually, weighing the pros and cons and background of the applicant.

    Thirdly, the lawyers will be applying for a bind over. I would need to build a strong case to show that prosecuting me would not be in public interest. I am going to seek certificates of good character from friends and mentors to bolster my request. Again, the response could be positive or negative.

    I volunteer with several organisations that rehabilitate rescued animals and plan to provide documentation of that. Will also furnish my degrees and certificates reflecting my high level of education.

    Finally, I will prove that I am not a user and plan to submit urine samples that will support my assertion.

    Folks, please pray I receive the bind over. I also hope immigration grants me permanent residence when the time comes.

    If you guys have any more recommendations please do share.

    Thank you again.


  8. #18

    Join Date
    Jan 2018
    Posts
    1,748

    Fingers crossed for binding over- I don't think the confession really hurt anything worse than finding the substances in your possession- if it's anything like US law that seems to be enough to get you in trouble. Still, couldn't hurt if the boyfriend (ex) spoke up...

    The attorney should be able to "package" it all very nicely and present a good case for getting a bind over, please let us know what happens...you shouldn't have to lose your whole future over this....

    shri and Suisen like this.

  9. #19

    Join Date
    Jun 2017
    Posts
    19

    @Suisen I'm really glad you've got a lawyer helping you. You definitely need them so you present the strongest case to the court and have the best chance of leniency. However I wanted to comment on something you mentioned:

    Secondly, the court proceedings and possible conviction are not going to have any bearing on my valid work visa or employment. But there is a chance that if convicted, my application for permanent residence could go either way. There's no blanket ban on people with convictions trying to secure PR and immigration reviews each case individually, weighing the pros and cons and background of the applicant.
    Let me clarify how criminal convictions affect visas and permanent residence in HK:

    1. If you're convicted of a crime, doesn't *directly* have any bearing on your visa.

    2. The government can choose to *cancel* your visa because of your conviction, which is likely for serious crimes but much less likely in your case.

    3. The government can also refuse to *renew* your visa because of a conviction. This does often happen, even for trivial offences (e.g. it happened to someone who bought a few packets of smuggled cigarettes). However, in your case it sounds like your visa will take you up to 7 years' continuous ordinary residence.

    4. Once you've *reached* 7 years' continuous ordinary residence, you have a constitutional right to permanent residence if you apply for it. The government has no discretion on this: your application cannot "go either way".

    5. One spanner in the works: imprisonment (after conviction) doesn't count as ordinary residence, so if get a prison sentence that resets the residence clock (unless the sentence is very short exactly how short hasn't been decided in case law).

    Therefore, assuming your visa doesn't get cancelled, you can apply for PR when you're a month away from the 7-year mark, and at that point it can't be refused on the grounds of a criminal conviction.

  10. #20

    Join Date
    Nov 2007
    Location
    Wanchai
    Posts
    4,007

    Why did you have it on you if you arent a user?


Reply
Page 2 of 5 FirstFirst 1 2 3 4 5 LastLast