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Complicated Situation with Visa and PR.

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  1. #1

    Complicated Situation with Visa and PR.

    Hello friends, hope you guys are doing ok under this COVID semi lockdown.
    I wanted to ask for some advice given I am at a bit complicated situation.

    Here is the situation:
    1. I started working in HKG in April 2015, and have been employed full time, and did not leave HK for more than 3 weeks.
    2. I become eligible for PR status in April2022.
    3. My current working visa is set to expire on the day I hit my 7 year mark (e.g., 2022 04 01)
    4. I am resigning from current role- and temporarily moving to UK for 6 months. Given that my new firm does not have entity/office in HKG yet, they cannot sponsor my work visa.

    These are the questions:
    Q1. I am leaving HK at the end of Jan. My work visa expires on April 2022. Assuming I sort out the plane ticket and quarantine hotel, can I still come back to HKG in mid March? My plan is to come back to HKG in March, complete quarantine, and apply for PR, and head back to UK. I will be back in Jan 2023. To let HK Government know that I have intention to come back to HKG, I am going to still have permanent address in HKG and "own" the rent that I have been living in past 4 years.

    Do you think above approach is viable? I guess it really depends on whether HK Government will let me enter HKG when my working visa is 1) not yet sponsored by anyone and 2) 2 weeks from expiry.

    I appreciate your help!

  2. #2

    Join Date
    Dec 2010

    Why would you want to leave and come back before April? The headache, cost, jail time is just not worth it for the short period you are gone. Probably still cheaper to just stay put in a obtain the PR first.

    Just throw in your PR application NOW. I submitted my application earlier than my eligible required date. It takes them up to 3 months to process and approve your PR.

  3. #3

    Thanks for the reply. I did not know that we can submit the application that early. I thought we could only submit a week or two before hitting the PR application. I am ok to take downside time, effort, cost, quarantine etc. to get the PR.

    I have to leave at the end of Jan as the new firm needs me there .. hence causing the headache.

  4. #4

    Join Date
    Apr 2014

    You can submit your PR application earlier....BUT they will not start to process it before the day you reach your 7 years. If you come to hong kong in March to apply for your PR then after application you will have to wait for 4 to 6 weeks to finally get approved and get your HK permanent ID

    cavaliers22 likes this.

  5. #5

    Thank you - I think waiting 4-6 weeks is fine. Even 8 weeks. My only concern was whether I can come back to HKG with working visa that is set to expire in 4 weeks while I officially do not have sponsor for that Visa.

  6. #6

    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!

  7. #7

    Join Date
    Dec 2002
    My concern was more on "whether I could enter HK back 4 weeks prior to visa expiry."
    Yes you can enter. Never heard of anyone having issues with entering HK on a valid (i.e. not expired visa). People do need to travel in and out - not like they need to cease travel xx days before their visa expires.

  8. #8

    Join Date
    Sep 2018
    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!
    The biggest risk is the country you are going to will be subject to a travel ban, preventing you from returning
    emx, huja and cavaliers22 like this.

  9. #9

    Join Date
    Jun 2017

    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 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, cavaliers22 and Eva C like this.

  10. #10

    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.

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