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

September 9th, 2021

Posted by / in Employment Visas, Refusals & Appeals, Visitor Visas, Your Question Answered / 19 responses


 

First Published December 7, 2012

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
  • Richard

    2 Dec 2023 am31 8:07am
    01

    Hi. My girlfriend was deported from Hong Kong on her Vietnam passport. In early 2024 she would like to return for a visit but now on her Australian passport. Can she enter and stay in HK?

    • The Visa Geeza

      3 Dec 2023 am31 11:07am
      02

      She can try. If her name in Vietnamese passport and her Australian passports are the same, her birth date will be the same and ImmD have the ability to call her for secondary examination if they suspect shes’ the same person. If they ask her if she has ever been removed from HK and she says yes they will definitely deny her entry. If she says no, then it’s a criminal offence to lie to an Immigration Officer.

  • AG

    5 Jan 2023 pm31 10:38pm
    03

    Hi.

    I was in prison in Hongkong for 2 weeks because of breach of stay in 2017. It’s 2023. Can I still enter Hong Kong with a tourist visa because my family would love to try to travel to HongKong. We are planning to stay for 4 days only. Please answer. Thank you

    • The Visa Geeza

      6 Jan 2023 am31 10:44am
      04

      I doubt it tbh.

  • Ram

    16 Sep 2022 am30 4:29am
    05

    Hi! I am from India and I want to ask ! iam deport from Hong Kong airport in 2016. I have been deport . And now I have got an jop offer from Hong Kong. So can I get my visa now?

    • The Visa Geeza

      18 Sep 2022 pm30 1:27pm
      06

      You can only try …

  • Anonymous

    17 Aug 2022 pm31 12:02pm
    07

    I had removal order in 2006 for overstaying 14 days entry permit. I hadn’t been sentenced in Hong Kong. I travelled back to my home country voluntarily. Now it is 2022 (it is already 16 years) and now I am a Govt official authorised to travel abroad. Is it possible to get official visa if necessary?

    • The Visa Geeza

      4 Sep 2022 am30 11:15am
      08

      You can only try. If the removal order was for PERMANENT removal, then you’re likely out of luck I’m afraid. You’re probably going to need to have to engage GVT-GVT level to overcome this if it’s a problem.

  • pemba sherpa

    11 May 2022 pm31 6:14pm
    09

    hello sir im from nepal my name is pemba sherpa and im from 8 holder in hk my wife also from nepal and we apply for dependent visa but i have life deportation from hk so how to do now how to apply for dependent visa now

    • The Visa Geeza

      1 Jun 2022 pm30 2:31pm
      10

      Unfortunately you can’t.

  • Ali

    27 Aug 2019 pm31 1:36pm
    11

    I am Ali from Pakistan. I was caught illegally working in hk 2014. I have 13 months sentence. after finsh my sentence I had married a Chinese woman. I have a deportation notic and also have a removel order. now I am back my home country Pakistan. can I get my dependent Visa my wife have applied for me . can it possible or not , if possible how long I can, when i have leaved hk immigration didn’t inform me about my deportation .

    • The Visa Geeza

      29 Aug 2019 pm31 2:04pm
      12

      Sorry to say your prior record will mean they will almost certainly never grant you a DV.

  • Malou

    25 Apr 2019 pm30 10:57pm
    13

    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
      14

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

      • Reshma Tamang

        25 May 2019 pm31 12:26pm
        15

        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
          16

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

          • Reshma

            18 Aug 2019 pm31 8:12pm
            17

            It means I can apply domestic visa or not

          • The Visa Geeza

            19 Aug 2019 pm31 2:42pm
            18

            No

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