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I Was Convicted of a Crime and Removed From Hong Kong – How Do My Visa Options Look Now?

December 7th, 2012

Posted by / in Employment Visas, Refusals & Appeals, Visitor Visas, Your Question Answered / 5 responses


 

Life in Hong Kong can throw up many challenges, none too much greater than the following:

QUESTION

Hello, and thank you for the opportunity to ask my question! I have questions, but I will frame my situation first.

In June of this year, I made a big mistake and got in an altercation with another woman and ended up hurting her. In September, I was convicted of the crime of Wounding and sentenced to a prison term of 14 days in Hong Kong.

I had been working in Hong Kong for 2 years.

Prior to the conviction, I stopped working and remained in Hong Kong on a Visitor Visa while awaiting trial. My Visitor Visa was set to expire before the trial so I visited Immigration and requested an extension of 90 days. My extension was not granted and I was told to come back to Immigration following my court case. As I stated earlier I was then sentenced to a prison term, so I was unable to come to Immigration and my Visitor Visa expired whilst I was incarcerated.

Consequently, following the completion of my sentence, I was transferred to the Castle Peak Bay Immigration Centre and made subject to a removal order. I chose the option of voluntary repatriation and took a flight home to New Zealand three days later.

Prior to departure, my HKID card was confiscated by the Immigration Department. I asked my case officer at Immigration (and several other officers), as well as the Enquiry section on the Immigration website, and they all gave me the same response about my potential to return to Hong Kong on either a Visitor Visa or Employment Visa: “Please be rest assured that the entry of every visitor to the Hong Kong Special Administrative Region would be considered fairly and reasonably in accordance with the law”.

 Question #1

I am now in New Zealand, but I would like to return to Hong Kong in January 2013. I would like to return on a tourist visa and take care of many responsibilities and possessions I have left in Hong Kong. I just fear arriving in Hong Kong, being detained at the border and then being sent back to New Zealand.

Question #2

I have a job offer in Hong Kong and I would like to accept it. However, I also don’t know how Immigration is going to view my employment visa application. It would be embarrassing and damaging to accept the job offer and then have my employment visa rejected. Also, would Immigration inform my potential employer of the reason for the employment visa rejection?

Thank you very much for your time!

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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.

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RESPONSES
  • Malou

    25 Apr 2019 pm30 10:57pm
    01

    What is the chance of getting a dependent visa, I have been sentence 3 months and suspended for 3 years for having discrepancy on my birth certificate , non custodial sentence.

    • The Visa Geeza

      29 Apr 2019 pm30 4:13pm
      02

      Unlikely. Once you have an offence on your record it becomes very problematic.

      • Reshma Tamang

        25 May 2019 pm31 12:26pm
        03

        I get removal order from Hong Kong and my officer said I can come back to Hongkong on domestic visa .. my question is can I apply for domestic visa again .. I work in Hongkong 7 yrs as a domestic .. Thankyou you

        • The Visa Geeza

          30 May 2019 pm31 2:06pm
          04

          Not likely. ImmD tell all removees this to ease their departure from HK.

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