Visa Issues with Language Schools

Closed Thread
Page 4 of 9 FirstFirst 1 2 3 4 5 6 7 ... LastLast
  1. #31

    Join Date
    Jun 2008
    Location
    HK
    Posts
    248
    Quote Originally Posted by PDLM:
    I have tried to explain why your logic is wrong - I leave it to others to judge. But I hope I'm not involved in anything which relies on your logic system.
    well, sorry for not answering to your logic then

    you don't become a resident by moving all your stuff here, that is not the requirement for being a Resident,
    having a visa stamped on your passport which does not have words VISITOR will make you a resident.

    employment is a different thing altogether, you have to move your hands and do something to be employed. you just cannot land at airport to be called employed.

    try to tell an immigration officer that you have moved all your possession to HK and have no other place to live except HK, and you have all your money in HK and whatever else pleases you, and hence you are a resident here, don't be surprised if he falls off his chair laughing.

    you dont become a resident by buying property here
    i hope you did not follow this route to become resident in HK, did you ?

  2. #32

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    No - being resident is a statement of fact, not a statement of immigration status.

    It is perfectly possible for me to have a stamp in my passport which allows me to reside in Hong Kong whilst I, in fact, reside somewhere else entirely.

    Immigration status is what you have permission to do. What you are actually doing is separate and may or may not be legally compatible with your immigration status.


  3. #33

    Join Date
    Jun 2008
    Location
    HK
    Posts
    248
    Quote Originally Posted by PDLM:
    No - being resident is a statement of fact, not a statement of immigration status.
    Correct sir, and that statement of fact is derived from the statement on your passport, it is not derived from your opinion.

    Some people are visitors for two weeks and some are for six months, and it is perfectly legal if they spend that time here, your assumptions will not make them illegal.

    stop scaring people and giving them this wrong information, and learn to admit that you are wrong, wont make you any less bright.

    Quote Originally Posted by PDLM:
    It is perfectly possible for me to have a stamp in my passport which allows me to reside in Hong Kong whilst I, in fact, reside somewhere else entirely.
    If the stamp allows me to reside then i am resident right ? you can not call me a visitor, even if i am just visiting, and vice-versa.

    Quote Originally Posted by PDLM:
    Immigration status is what you have permission to do. What you are actually doing is separate and may or may not be legally compatible with your immigration status.
    Yes then?
    i have a six month stamp with words VISITOR, and i am just visiting this country and i have purchased/rented an entire neighborhood, and have transferred all my cash in the local bank account,
    i am still a VISITOR !!

    you are just arguing because it has gone into your head that you are always correct, but this time you are not !!

    and thank god that you are not an immigration officer, you would probably be asking people if they bring all money along and have purchased/rented an apartment or not and them stamping them with a resident visa.



    P.S. I know this doesn't happen like this and process is different, but just to drive the point home, so now don't start arguing.

  4. #34

    Join Date
    Aug 2008
    Location
    HIGH UP IN THE SKY
    Posts
    744

    just because the immigration allows visa free entry, it doesnt entitle residency.

    if anyone of you is really interested in knowing more about visa-free entry, you can look it up on the gov website. when you enter hong kong visa-free, you signed a little piece of paper. maybe you should read before you sign that piece of paper when you are doing your visa run. here is the link The Government of the Hong Kong Special Administrative Region - Immigration Department go and argue with immigration if you want.

    if OP doesnt care about the law, let him be. It would probably be better if OP is caught and banned from hong kong. 1 less person in this crowded city. 1 less person to fight over a taxi.

    just get a visa and sign up for a fulltime course. what classes you end up taking is your choice. why be stupid


  5. #35

    Join Date
    Feb 2005
    Posts
    440
    Quote Originally Posted by PDLM:
    So by your logic, someone who is working at a dodgy language school whilst on a visitor visa cannot be employed because they don't have an employment visa. And because they are not employed they are therefore not doing anything illegal.

    In my view if someone has moved all their possessions to Hong Kong, rented (or even bought) an apartment here and has no property available for their use anywhere else in the world then they are, ipso facto, resident here, whatever visa they hold.
    I have not read the whole thread yet but im total agreement with PDLM.

    The OP first quote was "im an expat Living here but i dont have a visa" He then Stated "is visiting different than living".

    The only thing i will say depending on how long he stays here "by his own asmission Legally on a visitor visa" will depend on whether immigration do anything about it.

    Then they will only pursue it providing they can prove he has been "Living" here and has no place to return to. I guess the complication will be if he starts using the HK address as his permanent home address if he still uses the American one providing its a legitimate one they will probably give him a slap on the wrist.

    Summing up jusify it all you want in the legal sense by stating your living here your breaking the law. Like it, agree with it or not that's the fact

  6. #36

    Join Date
    Feb 2005
    Posts
    440
    Quote Originally Posted by syedagha:
    if you don't understand the logic the it doesn't mean it is flawed.

    VISA (any kind, employment, dependent, ) = RESIDENT hence LIVING here.
    VISA FREE = VISITOR (for the allotted time) hence NOT LIVING here.

    you cant become a RESIDENT without appropriate visa so you can not be living here, the status will remain "VISITOR"

    and vice-versa

    when you have a resident visa you will not be a visitor, even if you never spent a minute in HKSAR, you will be a RESIDENT for the duration of visa.

    cant explain it more clearly.
    Quite clearly PDLM is right again and you have clearly stated the correct fact above.

    VISA FREE = VISITOR (for the allotted time) hence NOT LIVING here.

    The OP clearly has stated he is living here by his own admission with out the correct visa. Thus making it illegal. He is not visiting he is living. His not here as a tourist he is clearly in the process of setting up for further residence be by legal means or continuing on a visitor visa.

    Now obviously on a different note he wont be persued by immigration unless he breaches a number of other conditions but to state your "living" here on a visitor visa is against the law clearly black and white on the immigration web site.

  7. #37

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by syedagha:
    If the stamp allows me to reside then i am resident right ?
    No - if, say, you have a two year extension on your employment visa and then you get laid off after 6 months and move back to your home country (or some other country where you have permission to reside) then you cease to be resident in Hong Kong even though you have permission to do so up until the expiry date on your visa.

    I currently have permission to reside in any country in the European Union and in Hong Kong. I could in addition easily get permission to reside in The Philippines (being married to a Filipina). The only country I am actually resident in currently is Hong Kong. I am not resident in the UK or any other country even though I have permission to reside there.

    On the other hand, if I moved all of my possessions to our house in the Philippines, sold our apartment in Hong Kong and moved to The Philippines I would, de facto, become resident there REGARDLESS of whether I obtained a visa allowing me to do so, or simply used the one year visitor visas available to spouses of Filipinos.

    I would continue to have permission to reside in HK as long as I touched base here every 36 months but I would NOT be resident here.

  8. #38

    Join Date
    Jun 2008
    Location
    HK
    Posts
    248

    sir you can not become a resident in hong kong unless you have a visa to do so,
    you will remain a visitor and it is not illegal if you do not over-stay and do not take up employment, enroll and become a student.

    this claim wont even be entertained that you are a resident here provided you have all your assets here.

    also in the OP's case he is still a resident in USA, he has not given up his american citizenship,

    the original point was that he wanted to pursue studies without having proper visa, and he can not do that "legally",
    and it rests there, there is nothing that you can do to prove that he is illegally residing here, if he got a VISITOR visa on his passport that says he is a visitor then he is just that !! (for the duration allowed).


    what is so difficult here to understand ?


  9. #39

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205
    Quote Originally Posted by syedagha:
    also in the OP's case he is still a resident in USA, he has not given up his american citizenship,
    And I haven't given up my British citizenship, but I'm certainly not resident there. Citizenship has absolutely nothing to do with residence (except insofar as it confers a right to take up residence in one (or, in the case of the EU, more) countries).
    Quote Originally Posted by syedagha:
    what is so difficult here to understand ?
    Mainly your complete inability to see that what you have PERMISSION to do and what you ACTUALLY do are two completely different and independent things. What is in your passport states what you have PERMISSION to do. It says nothing about what you are ACTUALLY doing.

    ACTUALLY residing in Hong Kong when you do not have PERMISSION to do so is perfectly possible (if it were not then the concept of an "illegal immigrant" would not exist).
    Last edited by PDLM; 28-11-2009 at 02:44 PM.

  10. #40

    Join Date
    Jun 2008
    Location
    HK
    Posts
    248

    he has got permission to VISIT and he is VISITING, and he is not permitted to reside and he is not a resident !!

    he can not reside without a visa allowing him to do that, hence he is a visitor !

    not too difficult.


Closed Thread
Page 4 of 9 FirstFirst 1 2 3 4 5 6 7 ... LastLast