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Complicated Situation with Visa and PR.

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  1. #11

    Join Date
    Jun 2017
    Posts
    58

    I would be very cautious about this. You'd have a tight window to get back into Hong Kong, and if anything delayed you, the fact you wouldn't have a valid visa would mean your 7-year PR clock would reset back to zero. Some considerations:

    1. You have to look at whether the airline would let you board the flight to HK, not just whether HK would let you enter once you arrive. You're likely to be denied boarding if your visa runs out before the compulsory quarantine would end.

    2. The airline check-in staff have to administer the covid rules of n x m jurisdictions, any of which can change without warning — ideally you don't want to be in a position where you're stood at the desk with the gate about to close, trying to convince them of some fairly complex details of how Hong Kong immigration law administers right of abode applications.

    3. If you tested positive for Covid you'd be denied boarding.

    4. If arrivals from the UK remained barred (as they currently are), it's unlikely you'd be able to return in time.

    5. If the airline cancelled or rescheduled the flight due to Covid disruption, you might not be able to return in time.

    6. I'm not 100% sure they'd allow your early VEPIC application if you left Hong Kong before your 7-year anniversary *and* you don't have a visa for the time beyond. That would mean there'd never been a moment where you were a HK resident physically present in Hong Kong who'd completed 7 years — which is the stated requirement for VEPIC approval.

    If you really need to leave before your 7-year anniversary, you could maybe explore other means of getting a visa for the time beyond, so you're not so dependent on arriving back at an exact date. I'd strongly recommend seeking advice from https://hongkongvisageeza.com/ who can help you work out the most robust plan possible based on the details of your situation.

    Last edited by waiming; 14-01-2022 at 04:40 PM. Reason: clarification
    Mrs. Jones, Eva C and cavaliers22 like this.

  2. #12

    Here are my 2c:

    * Mid-March is quite a tight timeline. It might work if your visa expires at the end of April, but you may want to return to HK earlier.
    * If I were you, I'd try to be back in HK and out of 21-day quarantine 4 weeks prior to the expiry of your visa, so that you can visit Gloucester Road in person and explain why you need a visa extension. I don't know what your chances of success are, if the Immigration officer receives a desperate phone call from Penny Bay by someone who explains that they are currently in quarantine, and if they don't get an extension would be overstaying their HK visa.
    * Once you get your visa extension, you immediately submit your PR application.
    * Don't get infected whilst in the U.K. Buy a bunch N95 masks and be extremely careful with your respiratory hygiene.

    cavaliers22 likes this.

  3. #13

    Join Date
    Feb 2005
    Location
    Island East
    Posts
    6,834

    coming back from the UK is very hard right now, you will need to spend 21 nights out in another country before you can come back to HK then you need to spend another 21 nights in QT and thats if you test negative on arrival. many are getting caught on arrival as positive, then you are screwed.

    I wouldnt leave HK until you sorted out your PR here. you can easily get a visa extension while waiting for PR application.


  4. #14

    Join Date
    Oct 2019
    Posts
    14

    I’d be very careful, if I’d even suggest you stay here if PR means that much to you.

    I applied 5 weeks early prior to my PR anniversary date back in august and got a polite letter from immigration detailing all my stats in Hong Kong according to their records and that I was just a few weeks’ shy of the 7 years. They said that I did not quite fully satisfy all the requirements, but included an application form to apply again in a few weeks. I did just that and all was approved.

    That being said, I did have a work visa to take me past the 7 year anniversary date, and I believe the visa geezer has warned about applying for PR on your 7 day anniversary without being in valid employment. I’d honestly spend the cash to seek his professional advice if I were you.

    cavaliers22 likes this.

  5. #15

    Join Date
    Feb 2009
    Posts
    7,046
    Quote Originally Posted by cavaliers22:
    This - I am not too worried. My understanding is that Immigration will offer extension of stay until the PR decision is made. Given that I have been paying tax every year, I hope I get the PR. My concern was more on "whether I could enter HK back 4 weeks prior to visa expiry." Thank you!
    I think your concerns are misguided and you need to extend your current employment visa one month before it expires. Then you can relax and apply PR anytime you want after this.

  6. #16

    Thank you, and thanks others for the post. Do you know the agency / lawyer that may be specialized in these or anyone you recommend? I don't mind spending money to get assistance and assurance. Appreciate help and time in answering my questions!


  7. #17

    Join Date
    Jun 2017
    Posts
    58

    I would definitely go with hongkongvisageeza if you can afford a $3k consultation. I can personally recommend him. Be very careful who you go with because there are people giving bad advice — I did a free initial consultation with one and they made statements about the law that were flatly incorrect.

    Mrs. Jones likes this.

  8. #18

    Join Date
    Sep 2018
    Posts
    1,398

    If you pay the Visa Geezer, you will just receive roughly the same advice as you have received here. The immigration department aren't currently in a situation where you can grease someone's palms to get better treatment

    chuckster007 and stickyears like this.

  9. #19

    Stay till you get PR, then you can relax. You shouldn't consider any other hair brained strategy. Far too much risk


  10. #20

    Join Date
    Jun 2017
    Posts
    58
    Quote Originally Posted by aw451:
    If you pay the Visa Geezer, you will just receive roughly the same advice as you have received here. The immigration department aren't currently in a situation where you can grease someone's palms to get better treatment
    Agreed immd won't bend the rules. But getting visageeza's advice would be good on the details of exactly what days' presence in HK will be accepted in terms of a last-day VEPIC application, creative ways to get a visa extension (e.g. perhaps signing up for a study visa), etc — i.e. creating facts on the ground to fit the rules.

    I've helped a lot of people with Right of Abode verification, and I know the rules for Right to Land verification like the back of my hand, but I'd still seek professional advice in a complex situation like this — unless the original poster is able to stick around in HK until April, in which case it's fairly simple.
    Mrs. Jones likes this.

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