Work visa delayed, possibly denied

I am waiting for Immigration to grant me a new work visa. I've had some trouble with Immigration before. Last year, in a fit of forgetfulness, I had failed to renew my visa and resumed work without one. Eventually, I was caught by the government and faced criminal prosecution. The charge was later dropped and I was granted a new visa. That visa has now expired and I am presently waiting to be granted a new one. A lawyer told me that my prior incident might influence the government to not issue me a new visa. Work visas are not a right, he said.


I am wondering what to do in case I am denied. I have worked and lived in HK for almost seven years. In February 2012, I am planning to apply for permanent resident status. But now there appears to be a monkey-wrench thrown into the works.


It could be that Immigration is busy and that the delay is only that, a delay. But my lawyer also said that seeing this could be the final work visa required of me since I soon become eligible for permenent residency status, the government could turn me down.


If I am denied a work visa, can I apply for a dependent visa, sponsored by my wife? And if so, can I continue working?


I am at a loss. I made a stupid mistake more than a year ago and now I am still paying for it. I've tried to speak to someone at Immigration, but all I get is the run-around. I'm told all that I can do is just wait. Meanwhile, as a teacher, my job is set to begin next week.


I don't know what is going to happen or what am I to do.

I don't think anyone here on this forum can really help you. You will have to wait for Immigration to decide.


What sort of establishment are you teaching at? I thought schools would be your sponsor and help you to sort out your visa?


Anyway, as you know, to be eligible for PR you must have been in HK LEGALLY for 7 continuous years (time outside of the country is allowed but this won't apply to you). Therefore, don't be surprised if Immigration turns you down for PR because you clearly had a gap between your visas so you would have been here ILLEGALLY (tourist visas do not count). You might have to start accumulating your 7 years right from the start again. How did the government catch you and how long was the gap between the visas?


If you are denied a work visa then yes you can apply to be your wife's dependant (you should already have this since you are married?) but only if she is a PR herself or on her own work visa. I would double check what i just said though.

It is possible that the Immigration Department is considering your matter very carefully in light of your near fulfillment of the 7 year prerequisite for permanent residency. That being said, it would be very difficult for them to not renew your work visa since your overstay occurred prior to receiving your previous immigration visa. Our guess would be that the Immigration Department is just very busy. One can contact the Immigration Officer handling the matter and get an update on the processing time (often a gentle push would be enough to move matters along); the Immigration file number and contact details of the officer-in-charge is on the office correspondence, you may either call or send a fax to the telephone details set out at the top of the said official correspondence requesting an update on your progress.


If your visa application is rejected, you have several options including trying to meet whatever grounds of objection is raised by Immigration Officer, or you may appeal the rejection to a senior officer or beyond or you may re-applying for a visa. The fact that you are married and have a spouse (holding an employment visa or is a permanent resident) does offer you the opportunity to apply for a dependant visa based on her being your sponsor. In normal circumstances, a dependant visa would be very difficult to refuse based on your information provided.


A word on your future application for permanent residency: the department handling such application is not the same department that deals with your employment visa and its renewal. For a relatively nominal fee you would be wise to engage a law firm to oversee this process (typically US$2,000-US$3,000).


Weir & Associtaes

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw

you can work on a dependent visa no problem. how long were you visa-less? it sounds like more than just an oversight if they tried to prosecute you?


PR is really simple - you just need tax records, ideally evidence of living here (leases etc), in the worse case you can get you entry/exit records from the immigration dept. BUT your issue of being here "illegally" might make it worthwhile getting more legal advice.

US$2000-3000! Buy us a beer and I will do it for you! Why are you even bothereing with a work permit? You are dependent, thats enough!