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Sometimes, people find themselves in a state of ‘administrative flux’ as one employment visa ends and the circumstances for a new employment visa have not yet, for one reason or another, materialised. The question is, however, can you easily return to / be in Hong Kong as a visitor whilst these wrinkles get ironed out over time?

First Published September 3, 2013 – Still of Interest Today

QUESTION

I have been living and working in Hong Kong for the past three years on a valid employment visa which has expired yesterday (2/9/2013).

I finished my employment earlier in the month (I am not continuing with them) and went to Canada for a holiday.

I returned to Hong Kong last night (2nd), hoping to enter on a visitor visa, however I arrived in HK at 10:00 pm they said I could only enter under my employment visa (as it was still valid for another 2 hours).

Therefore this morning, at Immigration Tower I was told I was a technical overstayer (by one day) and they have gave me another 2 days to exit Hong Kong which I plan to do tomorrow via Macau and stay for one night.

On my return on Friday I hope to be given a 3 month visitor visa.

My questions to you are:

(1) Do you think they will allow me to come back in once I have left?

 (2) Do you have any advice on what I should say to the admissions officer?

ANSWER

Yes. So, in this instance, I think you’ll find that when you make your reentry back into Hong Kong, the officer at the Macau ferry terminal will assess your bona fide as a visitor on the strength of the fact that you have just had an employment visa expire.

And it’s manifestly clear from the fact of your recent expiry and the trip in and out of Macau and what has happened down immigration tower that you’re just in the process of trying to regularize your immigration status whilst you find yourself in a state of administrative flux between employment positions.

And so you’ll find that the immigration officer won’t really question you too hard as to what your intentions are. And I think the risk of being refused entry is very low indeed. Now, in terms of what you tell the officer, you simply tell him the truth – what brings you back to Hong Kong at this time, what your intentions are, and allow him to assess your bona fide on the strength of your representations. And you’ll find that, ou know, in 99 times out of 100, he’ll just stamp you for 90 days and then you come. I don’t think you’ll have any problems.

Hope this helps.

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