Overstay in HK (Canadian)

Posted by janicejanice (141 days ago)

I have a friend that is a Canadian Citizen in HK that is here with a visitor status. He's married to a local permanent HK resident. Anyways to make the long story short. When he entered HK 13 months ago the Immigration Officer and himself wasn't aware his passport was due to expire in less than a month. The Immigration Officer stamped his passport allowing him to stay for 90 days. Obviously after 90 days he couldn't leave because his passport expired. He has been overstaying in HK for the past 10 months for a few reasons but the main reason is because he had a difficult time renewing his Canadian Passport because he doesn't have a gurantor that is based in HK that is required by the Canadian Embassy. The gurantor has to know him for a minimum of 2 years (he was only in HK a few weeks when he went to apply for a new passport at the Canadian Embassy) and must not be related to him. The gurantor had to be either a doctor, lawyer, policeman, accountant or notary club. My friend felt he didn't need to apply for a HKID or as his wife's dependent because he plans to return to Canada with her. To cut the story even shorter my friend plans to leave next week since he finally got his new Canadian Passport just last week. He's wondering what are the consequences of overstaying in HK for the past 10 months. My friend didn't work while he was in HK the past 10 months. He's quite comfortable financially and can provide financial statements to show that he didn't need to work while he was in HK to the Immigration Officer if being questioned. Thanks for reading and your input.

(I am based in Hong Kong)

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Posted by aemom (141 days ago)

There have been other threads like this (maybe in a different forum), the most recent about a child whose dependent visa had expired.

The main advice has been to either go to the Immigration Department now to settle things before departure or to arrive at the airport several hours before the flight.

A friend from Australia forgot to renew his employment visa after one year and was stopped at the airport three or four months later. He was taken to a 'small room' and waited for an hour or so, then was interviewed. He was allowed to continue on his journey and renewed his visa when he returned.

It has always been possible to renew a Canadian passport without an eligible guarantor by filling out a statutory declaration (Form PPTC 132). I've done it myself.

(I am based in Hong Kong)

Posted by Adfundum (141 days ago)

overstaying is a crimianl offence and can be sentenced with jail term.

(I am based in Hong Kong)

Posted by janicejanice (141 days ago)

aemom: My friend said the reason why the Canadian passport office wouldn't let him fill out a statutory declaration form was because 5 or 6 years ago when he applied for his now expired passport, he signed a statutory declaration form and another agreement that said he has to have a gurantor for his next passport.

(I am based in Hong Kong)

Posted by janicejanice (140 days ago)

For those interested in the outcome today. Friend hired an immigration lawyer then headed to the Immigration Department. He had to pay a fee of $135 to process a Visa extention and talk to an Immigration Officer. They were out in about 15 minutes.

(I am based in Hong Kong)