Expiring Visa, pending renewal & leaving HK

KIWIhk · 05-12-2012, 11:35 PM

Hello Geoexpaters,

I've had a look through many immigration forum posts but have not found a post that directly matches my circumstances. Situation is as follows:

New Zealand national, been here for 3 years on a sponsored visa. The last 7 months I have been without an employer and my visa is due to expire on December 21st. I am now after finding a new position and have completed my visa transfer and renewal form. My employer will hopefully have their side completed either tomorrow or on Friday (7th) and will send in my application to immigration. I understand that it is unlikely that my request will be processed in time for a renewal prior to the expiration of my old visa. Under normal circumstances I know that I can overstay here in HK for a couple of weeks as I have an 'active' case pending and the transfer would be seamless once I am granted a new visa.

The issue is that I have flights home booked for 20th of December as I want to go back and visit my family. I am planning to be in NZ until the beginning of January. At that stage hopefully my visa will be granted and I could re-enter HK under my new visa. For continuous 7 years (for PR) reasons I do not wish to enter HK on a tourist via.

My question is if I leave before my visa expires and reenter on 7th January. Will my new visa mean that I was not an ordinarily a resident during those 2 weeks and thus would I have to start again at year 0 in terms of completing 7 consecutive years toward PR status. If this is the case I'd rather stay in HK on the overstay and miss Xmas at home.

The issue does not seem very clear to me and I would greatly appreciate your opinions. After my application is filed, I am planning to visit immigration next week, in order to ask them directly.

Thanks in advance,
Chris

shafiq · 06-12-2012, 12:17 AM

I had an exactly similar situation and got a break of ten days between my visas on my 6th year i HK.....I got my permanent id few days back..... 7 continous years is just in theory, rather they look at your effort in taking HK as your primary residence....

shafiq · 06-12-2012, 12:56 AM

If you are renewing your visa, you will get a piece of paper..an acknowledgement..with which you can leave and enter hk...

If in case, you are applying with a new employer and not transferring or extending your work visa, as ur last date is very near...i doubt your newly granted visa be an extension of the previous one, rather itll be a new entry label...

I had a similar situation and was given a new entry label and was asked to exit n enter HK...But i have already overstayed 2 weeks by then, assuming i had an active appln at the immd......I was given a visitors visa on the spot, covering those 2 weeks of overstay... and my break in 7 cont year of stay happened that way.....

KIWIhk · 06-12-2012, 02:20 PM

Thanks shafiq,

I guess that covers my scenario if I stay in HK over Christmas. Still a little unsure about what happens if I am actually away from HK at the expiry of my old visa and enter after the granting of my new visa. Seems to me to be a clean break in visa (although visa would expire while I have an active case) and thus might not count towards 7 years.

Claire ex-ax · 06-12-2012, 03:15 PM

Can't see two weeks would be too much of a break in visas. We're not talking about months here. It's a pity you won't be able to get a definitive answer from ImmD.

KIWIhk · 06-12-2012, 05:13 PM

Thanks,

Will have to wait and see. Will speak with them on Tuesday. Otherwise I just wait until I really find out in 4 years time when I go for PR

audiot · 06-12-2012, 05:45 PM

you haven't much choice really - other than to enjoy a good Christmas!

what did you do for 7 months? sounds bliss!

KIWIhk · 07-12-2012, 10:06 AM

Well, I guess I have a choice as to stay here in HK for christmas on overstay or go back to NZ before my visa expires and re-enter in Jan

7 months was fun!