I Know The Immigration Department Website Is A Black Hole For Denied Hong Kong Visa Applicants So How Can I Appeal A Decision?
Posted by The Visa Geeza / in Hadley Says…, Refusals & Appeals / 39 responses
So, your Hong Kong visa application has been refused, no matter the type – and the letter you received from the Immigration Department says nothing about opportunities to appeal.
So you go to the Hong Kong ID website.
But shock, horror, even that is silent – so what can you do now?
Certain types of cases with the Hong Kong Immigration Department can be sent to the Immigration Appeals Tribunal.
But most residence applications, including investment visas, employment visas, dependant visas, capital investment entrant scheme visas and refusals under the Quality Migrant Admission Scheme have no formal recourse to the Tribunal.
Instead, you have to make an application for a Reconsideration of your denied application or otherwise apply for the Review of a Decision of a Public Officer under s.53 of the Immigration Ordinance.
Alternatively, if a wholly new set of facts are present now since your application was refused you can make a completely new application – or try again on the original application if a reasonable amount of time has passed – say, at least 6 months.
However, you need to be completely realistic. If the Hong Kong Immigration Department deny you a visa three times in succession you’re going to have to face the reality that your chances of securing residency in the HKSAR are very slim indeed – and maybe it’s time to start packing your bags.
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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.
M
Hello,
My sister just had her visa refusal to enter Hongkong to visit Disneyland. We were supposed to go on December 23rd. Is there anyway that we can still try to make it as it is a long awaited travel plan and would appreciate any assistance
Regards
M
The Visa Geeza
Alas no. You can apply again and seek to recticy and shortcomings in the original application and see how you go but time is short.
M
Thank you for your reply.
Is there any number I can dial to reach out to the immigration department. I have the email but it also takes time to get a revert.
Is there anything that you could assist would be really helpful
The Visa Geeza
Call the officer on the correspondence you received.
https://hongkongvisageeza.com/how-to-engage-the-hong-kong-visa-centre-if-your-application-has-been-refused-by-the-immigration-department/
AS
I have applied for a Hong Kong QMAS visa. Submitted my application last year in December and acknowledged from Immigration Department. it’s been 5 months now I didn’t get Approval mail from the department. How long it will take and wanted to know about the quota allocation. If possible please give me some details. When the results of Selection exercise will be released for this year 2023?
The Visa Geeza
you’d need to expect 12 months waiting time as a minimum. I have no idea when the next Selectionn Committee will meet (does anyone know?)
CE
Hi，I did not exit after termination because I apply for new working visa I was refuse because I did not exit and I apply again new working visa from overseas and immigration rejected because of incomplete details can I still re apply again?
The Visa Geeza
Yes.
johnny
Hi there, my friend is Thai and go to HK travel by free-visa and got rejected by HK immigration.
Immigration did not tell my friend any specific reason, in that case how long can my friend try to re-enter HK?
The Visa Geeza
If she’s a lady and within a certain age group ImmD may well have her profiled as ‘high risk’ and she was unable to satisfy the examining officer upon her arrival as a bona fide visitor to HK. She should seek an entry visitor visa and argue her case that way rather than seeking to be admitted visa-free upon arrival. If she flies in without a visa again she’ll undoubtedly be denied entry.
N
Hello
my husband entry visa was refuse so just wondering if I reapply, for the reason for the refuse can I just write what it is mentioned on the refusal letter or they need more detail as I request for internal minutes but seems they are taking so long and seems will not provide me. Please advise. Thank you
The Visa Geeza
I’m afraid there is no simple answer to this question. You must (as you are) secure the decision minutes from ImmD, thereby understand the short-comings in the refused application and then seek to positively address them to your best efforts.
DS
Am migrant here in hongkong married Chinese women sponers me and wait independent Visa in hongkong last week immigration department of hongkong send me a latter that did not approve my independent Visa can you tell me what can I do let them approve me
The Visa Geeza
How long is a piece of string? This situation requires expert professional advice that goes well beyond this YQA section of my website. You could have been denied for a whole variety of reasons.
MC
My working visa as a domestic helper was refused last march 2021..i just wanna know if i can apply again..
The Visa Geeza
You can apply but whether you get approved will depend on the reasons for the refsual
Ubatex
Hello Everyone,
I applied for study visa and it’s been past 8 weeks.
Registration is next week. Status is on progress.
Anyone with similar experience?
Hassa
Hello,
I’m facing a similar problem right now what happened with your application.
Himantha
Hello Ubatex what happened with your student visa
Pravesh
Hi ,
I hold an Indian Passport and My PAR has been deemed unsuccessful. I applied for a Hong Kong visa and posted all the necessary documents withe application form 1003A along with an application fee of HKD 190. Its been six weeks now and there has been no reply from their side. Whenever I call them , all they say is that my inquiry had been forwarded to the concerned department. Neither has there been an acknowledgement nor any form of correspondence till date. What is the best way I could get to know the status of my visa as I am in urgent need to travel to Hong Kong.
The Visa Geeza
Just keep calling. Not much more you can do.
SMITA AGARWAL
Hi Pravesh,
What was the status of your visa? Did you get it finally? I am also planning visit to HK with my family
Shaun
Hello, my work visa application was denied. Is there any way of knowing the exact reasons for refusal? Also, my partner of nine years is here for work, but i am only on tourist visa from the US. Is there any consideration given to partners? Thank you.
The Visa Geeza
Make an application for a copy of your file under the data access rules: http://www.immd.gov.hk/eng/forms/forms/ops003.html
Your partner’s immigration status has no bearing on an employment visa application.
Remu
hi my company applied hong kong employment visa but after 6 weeks it was refused could you please advise whether I can go for appeal
The Visa Geeza
Process found here. http://www.hongkongvisahandbook.com/reconsiderations/
P
dear sir
my name is Pxxxx as i am depedent to my spouse but i was granted visa for 2nd time but was refuse for 3rd (last visa ) by immigration department …because they are doubt in our relationship ….so what can i do at this present situation ..thank you
The Visa Geeza
See: http://www.hongkongvisahandbook.com/reconsiderations/
Rafi
Sir i have visited hongkong two times the first business visa was 14 day and the second was double entry 14 / 14 days I don’t have any criminal records and not over stayed but they didn’t approved my visa so what should i do thank you
The Visa Geeza
There’s not much you can do. ImmD have all the power and discretion to grant and refuse visitor visa applications.
Nguyen Thi Hoang Trang
My name is Trang and i come from Vietnam. I used to visit HK one time last year with my husband who is US citizens and i got tourist visa HK via an agency in Ho Chi Minh city. This year i had a plan go to HK again with family on same arrival and departure day like last year to celebrate my birthday there but only my visa was denied although i applied all same documents like last year and work same company. I feel so sad because my family without me have to cancel all flight ticket, hotel… And i heard that i have no chance to HK if i i used to have rejection visa. Someone can help me??? Thank you in advance.
The Visa Geeza
Sorry to say there’s not much you can do. ImmD have all the power to refuse visitor visa applications.