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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
    Posts
    737

    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
    Jul 2011
    Posts
    2,710

    Lots of things to be aware of:

    1. You will need to be in HK when you submit the application AND for the "interview" where PR is offically given that follows it (the latter which can only be after the 7-years is completed)

    2. Recently reported here the time between those two events can be short, but...
    a) the Covid uptick may slow IMMD down so it could be longer
    b) you don't have a valid visa to take you beyond the 7-year mark to stay between those 2 events or to return to HK with if done separately

    3. IMMD doesn't usually accept any form of application (visa extension(*), PR, etc) any earlier then 4-weeks prior to the due date. You may get the application sent back if posted too early.

    (*) 8 weeks was the absolute maximum I was told when doing employment visa extensions but only if a supporting letter from the company was sent explaining why

    cavaliers22, ndt and bdw like this.

  5. #5

    Join Date
    Apr 2014
    Posts
    322

    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.

  6. #6

    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.


  7. #7

    Join Date
    Jul 2011
    Posts
    2,710
    Quote Originally Posted by cavaliers22:
    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.
    You seem to be missing the point that your visa expires before you will be granted PR at the interview. You will need to arrive in HK before your visa expires and extend it. The visa-expires-on-the-PR-date is often asked here, I'm not sure if anyone has ever posted about succeeding in getting over that in any other way than an extension, but others may remember an example. In Covid times, things may be even harder.
    shri and bdw like this.

  8. #8

    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!


  9. #9

    Join Date
    Dec 2002
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    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.

  10. #10

    Join Date
    Sep 2018
    Posts
    1,375
    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.

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