Custom wants me to leave HK in 19 days. what to do?

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  1. #11

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    Quote Originally Posted by PDLM:
    No - you're talking bollocks. A visitor visa does not allow you to reside in Hong Kong. By their own admission they have no home anywhere else. How could they be construed as residing anywhere other than HK? From the ImmD websiteEmphasis mine) (Part I basically lists the categories who don't need a visa - HK citizens, PRs etc)
    She is staying in Hong Kong on a valid visa! You can try and play with semantics on "residence" but ultimately nothing the OP has done is in any shape illegal.

    Immigration have advised her that she will not be accepted to enter Hong Kong again on another visitor visa, but unless she OVERSTAYS her current visa she will NOT have done anything illegal.

    If immigration were of the view she was residing here then she would have been REFUSED entry. As they were not of this view they let her in and she is here completely legally.

    You're the one talking bullocks.

  2. #12

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    Quote Originally Posted by Geoff:

    If immigration were of the view she was residing here then she would have been REFUSED entry. As they were not of this view they let her in and she is here completely legally.
    So you accept that if they knew she was residing here then they would have refused entry? So what you are arguing is that because they did not know then it is legal? Would the same apply to working while on a tourist visa?

    I think, while technically she may have acted illegally, it is a grey area because of the previous employment visa hence my advice to her not to push it with immigration.

  3. #13

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    Quote Originally Posted by Geoff:
    If immigration were of the view she was residing here then she would have been REFUSED entry. As they were not of this view they let her in and she is here completely legally.
    No. They clearly know that s/he is residing here illegally, but they have used the discretion which they are allowed under the law to give them 30 days to put their affairs in order or to be deported or refused further entry. You could perhaps argue that for this 30 day period she is legally in HK, but clearly ImmD formed the view that she has previously entered HK under false pretences (hence illegally) and have now decided to take this action.

  4. #14

    You should go to Immigration and talk to them directly. Internet lawyers arguing semantics over a forum aren't going to get you anywhere.

    The only person whose opinion matters is the person at the Immigration Dept. reviewing your case. The good thing for you is, those people are human. If you go there and explain your situation in person you are much less likely to have problems. You also get the added benefit of knowing exactly what you need to do and getting out of the dark about it.


  5. #15

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    Quote Originally Posted by walkingcarpet:
    You should go to Immigration and talk to them directly. Internet lawyers arguing semantics over a forum aren't going to get you anywhere.

    The only person whose opinion matters is the person at the Immigration Dept. reviewing your case. The good thing for you is, those people are human. If you go there and explain your situation in person you are much less likely to have problems. You also get the added benefit of knowing exactly what you need to do and getting out of the dark about it.
    Thank you very much for this post.

  6. #16

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    i was in exactly the same situation before as i sayed in hk and had a residence (i.e. rented an apartment under my name, had a mobile phone contract, etc.) for 2 years on a visitor visa (90 days rolling).

    when i got a job, our visa processing lawyers/friends at deloitte thought i am illegal in hong kong. (side story, they didn't even check my immigration; they just stopped processing my employment visa and risked my potential job, grrrrr).

    i went to immigration. they clearly stated in writing that i was never illegal in hong kong at any time and could process the employment visa application as normal.

    conclusion: you are clearly not illegal in hong kong. however immigration has the discretion to refuse you a repetitive entry into hong kong on a visitor visa and they have kindly alerted you that they might do this next time around. no problems existing right now whatsoever


  7. #17

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    That was generous of them since by entering as a visitor whilst having the intention to reside in HK you are clearly breaking the letter of the law.

    But I guess you are white and/or on a "western" passport.

    Not so easy if you're, say, a Filipina or Indonesian. As with so many aspects of Immigration and HK law they are distinctly racist (hence the fact that the Government specifically has to be excluded from the Racial Discrimination legislation!)

    Personally I wish they would enforce the laws as written equally for all.


  8. #18

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    Quote Originally Posted by Load Toad:
    I'll get red blobbed for saying this because some Fluffy Bunny Rabbit will get in a hissy fit over me saying...

    I don't have much sympathy if any. Most people follow the immigration laws and work damn hard to live and contribute to HK. And if some people want to try to con their way in then sorry but tough.
    LOL, I got the red blob and me a fluffy bunny rabbit. Blobber - grow some balls and say it on here or at least put your name to the comment.

  9. #19

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    Exactly - if you have to blob - sign it. Most of the Fluffy Bunny Rabbits tell you in no uncertain terms to be nice to people on the boards but then add a rude insult - but do so anonymously. Tarts!


  10. #20

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    Quote Originally Posted by walkingcarpet:
    You should go to Immigration and talk to them directly. Internet lawyers arguing semantics over a forum aren't going to get you anywhere.

    The only person whose opinion matters is the person at the Immigration Dept. reviewing your case. The good thing for you is, those people are human. If you go there and explain your situation in person you are much less likely to have problems. You also get the added benefit of knowing exactly what you need to do and getting out of the dark about it.
    Actually the immigration advice given on this forum is second to none. Don't criticize it until you have read a few more of these threads. I agree that only HK Immigration is the place for a final resolution, but for understanding what you have done and preparing for an interview, this forum is fabulously helpful.

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