DH Visa Overstay

Posted by otiskim (117 days ago)

Hi,

I just moved from SGP 3 weeks ago and brought my DH in the process. Today we found out that her visa has expired as she only get 14 days for no visa. Can u advice me as to what can i do with my current situation. I am lanning to receive my employment pass sometimes this week hence was going to go ahead and work on the paperwork once i get my employment visa but now that her visa has expired i am a bit lost as what i should do.

You detailed input much appreciated

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Posted by GreenValleys (116 days ago)

Unfortunately your own status has no bearing on hers. Overstaying is an offence not taken lightly. It's possible she has already committed an offence by working for you on a tourist visa. I think she will have to return to her home country, but she's going to have to face Immigration at some point and I think you should go with her & claim it was all your fault to make it easier on her. Good luck.

Posted by aemom (116 days ago)

There are several threads about overstaying on the Legal Forum. The best advice seems to be for her to show up at Immigration (or some suggest the airport) with a ticket home for that day.

This thread may help somewhat, especially the post about the helper who overstayed:
http://hongkong.asiaxpat.com/forums/legal-advice/threads/111039/please-help/

Unfortunately, ignorance of the immigration laws is not a defence.

Posted by TC Ng (116 days ago)

I think you will find that you can not apply for your domestic helpers visa if she is here on a tourist visa. She will have to go back to her home country then you will need to apply. You may not be able to do this now that she has overstayed, in fact it is very doubtful that she would get a working visa for HK in future as she has overstayed. It would be advisable to buy her a return ticket home and at this point when she exits HK she is likely to be questioned about her overstay and they will most likely stamp her passport to that effect. The kind thing to do would be to compensate her well. GreenValleys has suggested that you go to immigration to explain, however you have not got your work visa as yet and that may well be put into jepardy once you explain why she has overstayed - you may need to be very careful. Why not call immigration and without being specific get the answer to your questions.