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What Are the Chances of Being Allowed Back if You Overstay Your Hong Kong Visa and Are Then Convicted of that Crime?

May 12th, 2015

Posted by / in Musing, Refusals & Appeals, Uncategorized, Visitor Visas / 6 responses


It is NEVER a good idea to overstay your Hong Kong visa for the reasons set out below…



I previously overstayed my Visitor visa for a period of 13 months;  I reported to the Immigration Department, was charged and at Sha Tin court I was convicted and given a suspended sentence of 6 months. I bought my air ticket and I was allowed to leave Hong Kong on my own without being formally deported.

This was in June 2008.

Later I tried to return to Hong Kong in 2009 but at the airport I was refused entry and I was told by an Immigration Officer that I can apply for a visa before coming to Hong Kong, as a visa on arrival is not available in my case.

I submitted my Visitor visa application through a friend of mine (who is a permanent resident of Hong Kong) but my application was refused.

2 years later (that is in 2011) I applied again for a Visitor visa via the same sponsor and once again my application was refused.

I wrote an email to the Immigration Department asking if I was blacklisted from entering Hong Kong.

I was told I am not blacklisted, yet my applications keep being rejected.

Can you kindly suggest any measures that I can take to apply successfully for a Visitor visa? I have a local sponsor in Hong Kong and any information/suggestion from you will be of immense help.

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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.

  • WW

    8 Mar 2023 pm31 12:22pm

    I have an opportunity to leave Hong Kong and never return.

    ImmD is holding my passport because my visa expired during COVID lockdown and I was unaware.

    I was never detained. They took my Passport.and I must check in once a month.
    But my oportunity to leave is before my hearing date.

    What can I do to get my Passport back so I can leave with it?

    I am a French Citizen living in Hong Kong for decade before COVID working

    • The Visa Geeza

      8 Mar 2023 pm31 10:33pm

      I’m afraid you won’t be able to. They are holding your passport as they want to be sure you’ll show up in Court on the day of the hearing.

  • Marcus

    4 Nov 2022 pm30 10:29pm

    I am a permanent resident of hk.
    I always traveled using my Australian passport, as I do not have a hksar passport.
    I returned to hk a year ago (2021) using my Australian passport. I entered hk using Australian passport(2021), because I didn’t bring my hkid with me during travel.

    Because of Covid, i don’t travel as much as I used to, because before I always travel around Asia monthly . now that I overstayed according to my Australian passport. What should I do? Did I breached any laws? I am worried as the date of the immigration slip I was given is now expired.

    • The Visa Geeza

      5 Nov 2022 am30 10:38am

      If you’re a PR you cannot legally overstay. I would visit ImmD with your passport and PHKID card and explain the situation to your Visitor record can be expunged from the system.

  • TKL

    10 Jul 2022 pm31 6:00pm

    I’ve come to Hong Kong on a student visa. I’ve overstayed for 31 days. I’ve sent an email telling my case to the immigration department. What are the consequences for me now?

    • The Visa Geeza

      12 Jul 2022 am31 10:10am

      You need to surrender immediately.


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