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  • 1 Post By bibbju
  • 1 Post By carang

urgent problem with employment visa!

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  1. #1

    urgent problem with employment visa!

    Hello everyone,

    I came to Macau this morning and the immigration pointed out my hk employment visa ran out 2 days ago (silly mistake on my behalf....I planned to start with a new company in a few weeks, but didn't arrange the visa yet)

    They gave me an extension, but when i re enter hk i will be a 'tourist'

    Heres my questions:
    Will this affect my next employment visa?

    Will this affect the 7year residency?

    Then if there is problems, does anyone have any solutions?

    Thanks so much in advance.
    Hope someone can help me!


  2. #2

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    its hit or miss, from what i have read

    Sent from my GT-I9100 using GeoClicks Mobile


  3. #3

    Join Date
    Apr 2011
    Posts
    2,446

    Why are you thinking of enrolling on a course? Do you have a new job or not?

    Read the below extract from this website: CLIC - Immigration: Hong Kong permanent residence - Do I have to be present in Hong Kong for 7 years continuously before I can acquire the status of permanent resident?
    It is not necessary to be present in Hong Kong for the entire 7 years: the law merely stipulates that the person must be "ordinarily resident " in Hong Kong for that time. Ordinary residence may continue even though the person is absent for a temporary purpose. There is no clear and concrete definition of the term "temporary purpose", but section 2(6) of the Immigration Ordinance sets out some of the factors that may be taken into account in determining whether or not a person has ceased to be ordinarily resident in Hong Kong.
    If Hong Kong is your home and you go abroad for a temporary purpose, then your residency is considered to continue. This means that if you go somewhere else for a holiday, for business or to study, your ordinary residence is not interrupted. You can still accumulate 7 years of residence and the right of abode, even though you were absent during part of that period for a temporary purpose.
    The 7-year period must be continuous, and only includes the period for which you have lawfully been in Hong Kong. Also, you must be in Hong Kong for a settled purpose (such as for employment, education or business purposes) during the entire 7-year period. A visitor or tourist cannot claim to be an ordinarily resident in Hong Kong, as visiting is not considered to be "ordinary residence".
    It follows that a person could actually be in Hong Kong for 12 years but "ordinarily resident" only for two periods each of less than 7 years, broken by a period of unlawful or temporary residence. Such a person would not be entitled to permanent residence.

    carang likes this.

  4. #4

    Join Date
    Apr 2005
    Location
    Sai Kung
    Posts
    8,561

    it will affect your 7 years residency. if you are on a tourist visa, you are not considered ordinarily resident.

    i really don't understand how people can forget that their visa expires....

    cookie09 likes this.

  5. #5

    Join Date
    Dec 2005
    Posts
    1,550

    You wont have any problem when applying for PR after 7 years, as you might have to satisfy the officer. Normally breaks not longer than 6 months, with or without visa is OK.

    Two of my classmate, who came on student visas first and later held employment visas had breaks of 2 months and 5 months in their 7 year visa run, had their PR approved without much hassles. So I cannot say its impossible.

    One other classmate who is in same situation as u (technically overstaying-given 5 days tourist visa), who was late for renewal, will apply for PR in october. I can update you later about the result, probably after he got his PR approved.

    Last edited by shafiq; 06-07-2012 at 05:58 PM.