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

  1. #21

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    Quote Originally Posted by Trebor
    Why did you have it on you if you arent a user?
    Very bluntly - at this point, it should NOT be answered on a public forum... Just sayin..
    Have a GeoExpat related problem - please create a support ticket.

  2. #22

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    Quote Originally Posted by shri
    Very bluntly - at this point, it should NOT be answered on a public forum... Just sayin..
    Fair enough, I'm just speculating what drug it is and if I am right the fact it was 0.4g suggests more than half of it was gone.
    shri likes this.

  3. #23

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    But having read back i missed the bit where the ex bf was blame.


  4. #24

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    Thank you for taking time out to explain the nuances, @waiming. The lawyer was of the opinion that they won't cancel my work visa solely for this. He also said that while there is a risk of incarceration, it is not high. Do you think they (God forbid) would cancel my work permit to preclude me from applying for PR? I worked so hard to advance my career here.

    Last edited by shri; 28-06-2019 at 03:58 PM. Reason: (Added Mention)

  5. #25

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    Good luck. This situation has to be stressful and you seem to be handling it very well!

    Suisen likes this.

  6. #26

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    Quote Originally Posted by jack55
    Good luck. This situation has to be stressful and you seem to be handling it very well!
    Thank you, Jack! The kindness and goodwill of people on this forum has been a huge factor in helping me cope. On that note: https://www.wsj.com/articles/people-...ds-11561053847

  7. #27

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    Quote Originally Posted by Suisen
    Do you think they (God forbid) would cancel my work permit to preclude me from applying for PR?
    Thanks Suisen. Honestly, I'd defer to your lawyer's opinion on that. I know only really know the specific rules around nationality, right of abode and certain parts of the visa process.

  8. #28

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    @waiming thank you. Will continue to work hard here and hope for the best.


  9. #29

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    Quote Originally Posted by waiming
    @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:



    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.
    Very good post, provided that the OP's visa runs up to the 7 year period and OP is not given any jail sentence (wonder if suspended sentence or probation counts here?), OP might be able to claim PR.

    However I do know that if you have any charges on your HKID card, your HKID number is automatically red flagged on visa renewal and it's a pain in the neck (well time consuming delay). OP would just focus to timely apply for PR (4 weeks prior to), and not leave HK until the official PR card is in hand. Officially would overstay as you would definitely not be able to get a timely renewal with a charge.

  10. #30

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    Quote Originally Posted by waiming

    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).
    From case law we know for sure it is less than two weeks, possibly even less than a whole day (Prem Singh v Director of Immigration)

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