Please Help..

Posted by beatingheart24 (59 days ago)

Greetings to all, Here's the story. I had overstayed in HK in past, for whatever reasons. Turned myself in to immigration. Went through all the legalaties which follows that. Judge gave a suspended sentence for 18 months. Sentence was for 2 months, anyway I could go home at that time so bought myself an airticket and departed HK. It was in june 2008. They didn't chop my passport with anything. Except the departure chop.

This year in april I wanted to visit my fiancee in HK for a period of one week, so when I arrived in HK they refused me entry on grounds of my past overstaying. Then again they didn't said anything to me like for how long I can't return to HK, I mean like one year, two year or something like that. They simply chopped refused entry into HK, that's all. I don't know where to find any information about what I should do in this situation. Calling/emailing HK Immigration Department proved to be futile as they just beat around the bush without giving any meaningful or real information. Can anyone please help me, any information is welcome. Many thanks for your time and consideration.

(I am based in Hong Kong)

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Posted by iwilltry (59 days ago)

Please try to ask your fiance to apply for your temporary visa from HK. Submit application for sponsorship and then write to the immigration regarding your previous overstay and the reasons.

Ask your fiance to guarantee your departure on time.

See if immigration shows any sympathy.

(I am based in Hong Kong)

Posted by beerboy (59 days ago)

I have a family friend that recently retired from HK Immigration, and he recently told a family member that had overstayed in the UK, that HK typically will bar you from entry up to 10 years.

(I am based in Hong Kong)

Posted by GreenValleys (59 days ago)

Whilst you say that Immigration have been merely beating around the bush, it remains that it's only what Immigration says that really matters. So I suggest that either you or your fiance/fiancee send an email to Immigration (the contact email address is on their website) setting out the very specific circumstances and asking some very specific questions for which you are seeking answers.

Over the last 10 years (almost) I have had a number of reasons to 'discuss' issues with Immigration and have always found them helpful.

I guess in the end it's a matter of one who has broken the law (ie violated the terms of his/her visa by overstaying) wanting to be allowed back in...and Immigration Departments the world over don't take to that too kindly, whatever the reason.

(I am based in Jakarta)

Posted by selda (59 days ago)

I have a friend who overstayed for 5 years! We all thought that one day she would be deported as she was also working illegally.
Her stroke of genius was leaving HK, marrying a HK guy in the UK who could sponsor her dependent visa. To cut a long story short, she is now legally working in HK ..and expecting a child from her husband.

So maybe you could persuade your fiance to join you in your home country, get married and then return to HK as husband and wife. I can't see any other way the Immigration would let you in again.

(I am based in Unspecified)

Posted by Shoe Girl (59 days ago)

Selda, every case is treated on its own merits and just because your friend was able to get in via that route, does not necessarily mean that Beatingheart will be allowed back in.

I agree entirely with GreenValleys; I have always found Immigration Department officials more than helpful and I deal with them very regularly. I think the best thing to do would be to get your finance to go in person and speak to someone there.

(I am based in Hong Kong)

Posted by ogdensnutt (54 days ago)

You will be refused entry for 10 years.
It is possible to change that - if you can show good and sufficient reason - you need an agent or solicitor.
Claiming a fiancee in Hong Kong will do no good, since you have been engaged for a suspiciously long time, unless you can prove intention to marry (with all the paperwork and marriage date).
And yes, it is my job to know these things.
A refused entry stamp in your passport may cause problems entering other countries.

(I am based in Unspecified)

Posted by alexismith (53 days ago)

i was once overstayed in HK, Immigration advised my BF(now husband) to apply a visa for me everytime i want to come and visit him, we did that for two years, then later my last visit to HK with tourist visa the immigration told me that i dont need to apply for a tourist visa anymore. i think that ID normally banned you for 2 years, you can come to HK but you need somebody to help you to get a tourist visa...

(I am based in Hong Kong)

Posted by Dr Strangelove (52 days ago)

It all depends on whether a person gets deported or not. Not every overstayer is deported at the end of a custodial sentence and many purchase an air-ticket to leave or are bought a ticket by friends/relatives. I have known a fair number of domestic helpers who have overstayed for various reasons, served custodial sentences and left with tickets bought for them (usually by western boyfriends in HK).

Whilst it is true that HK Immigration imposes a two year blacklist period following a period of overstaying, several of the helpers have come back to HK within a few months PROVIDED that they have a guarantor to financially support them and to ensure that they leave at the end of the period of entry. However, they cannot enter HK as a donmestic helper again - only as a tourist (or dependant visa holder). It is normally only if a deportation order is made that a person is barred from re-entry for a set period. That is why if an overstayer can make a voluntary departure (albeit a supervised one) it is far better. Many gweilos in Wan Chai have had whip rounds to buy tickets for girls who have been incarcerated to ensure precisely that. HK Immigration don't seem to care who buys the ticket as long as one is produced.

(I am based in Hong Kong)

Posted by Matrix1438 (36 days ago)

Hello Guys,

My son 8 yrs old, was overstayed for 8 months now in hk. I overlook the year of his visa I thought that it will expire next year...just found out when I checked my children's passport co'z we are planning a vacation this coming xmas. I went to the immigration this morning and as expected the officer is quite angry and still telling me that he will prosecute my son. I knew that it was my responsibility that's why I'm wondering why the officer is keep telling me that he will prosecute my son.

Anyway, to make the story short the officer told me that no more next time and giving me a piece of paper and asking to come back to p-up the visa of my son. But, after I left a few minutes the officer call me and asking me to go back..he get back the paper that he gave me and telling me to wait for a letter from the immigration....so I'm quite confuse and feel nervous.

Any advise regarding this matter....thanks

(I am based in Hong Kong)