Posted by
asdf456
12 yrs ago
I've a dependent Visa but was overlooked and it was overdue 4 months when I found out. I went to immigration immediately and had to surrender my passport and a bit of problem. I had been paying taxes for the past few years and impeccable records. Anyone had any experience and the outcome of it?
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Hugie
12 yrs ago
Depends on your nationality. American friend overstayed 2 days. He was fined HK$500 at the airport and told not to do it again. Indonesian friend (DH) overstayed 4 months. Got taken to court, got let off, as it was first offence, and only 4 months. She was deported for illegal work in the end. Where are you from? What does your spouse do?
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Thanks for your help Hugie. I'm from Singapore and both of us are middle managers from the financial sector.
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Hugie
12 yrs ago
You are welcome. If it goes to court, get yourself a duty lawyer at the court. I seem to remember you can do it on the day. Much better he/she does the talking. Let me know what happens. It would be useful for me to know.....Good luck.
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Hi can you kindly share your experience as a friend of mine is having the same issue and don't know what to do next. Appreciate if you could share your experience or give some advice.. Your help is very much appreciated.. Thanks in advance...
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OK sure, will post periodic updates. It's been almost since 6 weeks. Have been reporting weekly. Last week I was asked to "give statement", to start the procedure to decide if they will prosecute me or not. I got a lawyer to go with me and all he asked me to do is to give "No Answer" to all questions. Quite easy money you may say. But it's a luxury comfort if you can afford it. From what I understand from the "insiders", it's a relatively low risk case and they do not have incentive to take the trouble to really prosecute me as it was a genuine lapse of memory. But any case, I was told not answering any questions is the best way forward as it just opens your cards if they have something against you, and once your have it written, it's almost impossible to retract. Hence it's not worth saving the money for the lawyers. Personally it also shows that that you have the money and status to have and afford a lawyer with you. Just my personal view. Hope to have good news to share.
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190k
12 yrs ago
By not answering any questions you won't be able to clear anythjing in teh mind of Imm and they officially won't know that you made an honest mistake. If they prosecute the court will take the stance that you took the matter on yourself by not cooperating and any fines etc will be worse. Why not just explain that you forgot and it was an honest oversight with no malice. There was nothing to gain by not renewing except of cost but obviously you could afford that. Sack you ambulance chaser he gave you bad advice and now you may be in more trouble than you started with.
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By not answering any questions they most probably wont have any options, other than to take you to court. I fear you legal representation maybe running up the bill for them self as well as your penalty to the government. I'm no legal person, but logic tells me you over stayed and the only way to reduce you penalty is for you to show remorse and be helpful to the person doing the interview who has to put the ticks in boxes to determines your fate. Think of it this way - The person interviewing you sits with their supervisor and says " The only opinion I can form is they must be hiding something as they refuse to answer the questions" What would you do if it was them? Sent it to court with a note asking for the maximum possible penalty.
Good luck
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190k
12 yrs ago
If you can't prove that you did not overstay then your back is against teh wall and cooperating is the only thing you can do to help yourself. Maybe too late now as you have wasted their precious time already. they will be under no obligation to give you another chance to explain yourself other then before a judge good luck. BTW who was your ambulance chaser just in case I need one one day I don't want yours
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By hiring a lawyer and not answering questions, not even apologetic for your oversight is an arrogant approach... you did overstayed, isn't it? and you are thinking HK government will be intimidated by your status and your money because you can afford to hire a lawyer? are you serious? I feel uncomfortable reading your reply, I would only wish that for those who want to stay here would respect our law and our government.
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@Dominic Jermano: Sorry to read about your situation. But, are you really American as you stated?
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same story here im a filipina but i only overstayed for like 1 and half weeks...i don't know what to do i am scared does anyone can help to give sone advice what's the best thing to do.. because while staying here longer its pretty nervous to go out in a public.places i am so depressed because of my situation..
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