What Happens if You Overstay Your Hong Kong Visa Limit of Stay?
Posted by The Visa Geeza / in Employment Visas, Family Visas, Hadley Says…, Investment Visas, Special Programmes, Visitor Visas / 82 responses
The Immigration Department are very strict about people who overstay their visa in Hong Kong.
If you are a visitor here and find yourself a day or 2 accidently overstaying, and have a good reason for this oversight, you may very well be able to sort it out at the airport as you depart.
However, you must appreciate that it is not recommended that you allow this to happen, nor that the Hong Kong ID will be happy with this sorry state of affairs.
In every other case, you must immediately report to Immigration Tower in Wanchai as soon as you realize that your current limit of stay has expired – visitor or resident alike.
The Hong Kong Immigration Department take the question of visa overstayers very seriously indeed – and long term overstayers could find themselves incarcerated for a period before being removed from Hong Kong – so under no circumstances should you allow an overstay to happen.
If you are a resident and have a genuine reason for slightly overstaying your visa (say because you’ve been in hospital) and there has been no-one around to help you sort your visa out, you can expect that the Department will be sympathetic and happy to help.
But everyone has a legal obligation to remain in Hong Kong subject to all their conditions of stay, including the limit or time imposed, and if you breach this, the consequences can be very serious indeed.
So please, take your visa expiry date as sacrosanct and plan your lives here around the immigration permissions you have been given – including the time allowed to stay.
More Stuff to Help You Along
The Visa Geeza on RTHK Radio 3 – July 2012
How a Hong Kong employment visa application can go completely wrong if you don’t know what you’re doing
Why do Hong Kong investment visas get denied?
Will he – or won’t he? Mike Tyson his criminal record and his Hong Kong visa
Will ImmD ever tell you why a Hong Kong visitor visa application has been refused?
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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.
Heather
Overstaying your visa is a risk that you would not want to make. It can get you deported and even banned. Whatever the reason may be, it is important to report to the Department of Immigration if you are unable to leave before your visa expires. As mentioned in the comments, the longer you stay on an expired visa, the more problems you are creating for yourself.
Taz
Hi!!! My employer’s wife is not a resident here in HK. She overstayed for 4 days. Is there any chance to back again here at HK?
The Visa Geeza
4 days shouldn’t be a problem if it is the first time she has overstayed.
Kate
Hi there,
One of my friend’s friend is now in jail for overstaying for 4 years, sentenced to be imprisoned for 4 month. Would she be compulsorily sent to the airport from the prison and expelled right away? Thanks.
The Visa Geeza
Yep.
Kate
How about all her belongings at her place? Does police allow and wait for her at the spot while packing her stuffs before taking her to airport to expel? or she will just be taken straight to the airport from the prison? Thanks.
The Visa Geeza
Normally it is straight to the airport.
Vivian
Hi what should I do if I’m 1 day over stay due to the rally last night .. I couldn’t make it to the Macau ferry becoz they said all the police are there and tear gas are everywhere.. so I said I’d stay one more day for my safety … I have visa in Macau and I am here for vacation and visited my boyfriend who is resident here in hk ..
The Visa Geeza
Just go the next day and exp;lain as you leave. It will be fine.
Athena
Hi, have a good day,i was overstayed one year and 1 month in there,and i dont have any bad record . I was over stayed because when i got sick my employer terminated me .i am not able to go home to my country that time that is why i decided to stay hong kong till i get well. Now i want to apply as a d.h,can i enter hk again after what happened?
The Visa Geeza
You will not be admitted. Overstaying is a serious offence and costs the HK tax payer a lot of money. ImmD will therefore just wash their hands of you. It’s the price of overstaying I’m afraid….
Ivy Rebustillo
Hi..my friend was a domestic helper in hongkong..but she was sentenced 4 months imprisonment last march 2019…and was transferred to CIC last May 2019.and she is now in Philippines.Is it possible for her to apply for a tourist visa for her to register her married in the Philippine Consulate in Hongkong?
The Visa Geeza
Nope. ImmD will have washed their hands of her.
Lisa
Hello, im citizen of Ukraine and i overstay my tourist visa for a 3 month now, if i go to the airport with the ticket will they let me go or not?
The Visa Geeza
No. You should immediate report to ImmD in Wanchai. Do it today, now, immediately. Everyday longer is making more problems for you.
Lisa
But if i go there they will put me in immigration jail, right?
The Visa Geeza
Maybe or maybe not. One thing is true. The longer you leave it the worse it gets. I urge you to make arrangements and surrender to ImmD asap.
Jeane
Hi im already 5mons overstay if i surrender and have my ticket with me going back to phillipines do i still need to go to jail?
The Visa Geeza
Probably.
Lisa
Jeane, did they let you go without putting you in jail?
Nicole
Hi, if I fly out of HK before my 90 days visa-free period expires, and then fly back again in another 2 days, do I get another 90 days visa-free period?
The Visa Geeza
Possibly. If the ImmD officer thinks you’re ‘doubling back’ to seek an extension of stay by 90 days he may challenge you upon arrival.
Philip
I’m currently under applying for my new passport (my current passport expire on April 9, 2019) and my Hong Kong visitor visa will expire March 31. The problem is that I’ve heard my new passport would be issued on April 2 and arrive at Hong Kong on April 3 or 4. This means I can get out from HK after April 3 or 4 after retrieving my new passport from my consulate. I like to know what if I overstay for a week with this reason. Is there any problem to come back to Hong Kong? What is my best choice for now at this situation? What shall I do?
The Visa Geeza
Go to ImmD with all your papers and explain to them. DO NOT OVERSTAY.
Cam
Hi, I have a question.
If someone is deported from China and has a 5 year travel ban, does it mean that said person is also deported from Hong Kong? Does the travel ban apply for Hong Kong too?
I hope you can answer such a question.
The Visa Geeza
Hong Kong and China are 2 separate immigration jurisdictions. If you have removed from China on security grounds it is likely that the 2 authorities will share information and it could be problematic for you to enter Hong Kong.
leoniza tunguia
what if im over stay and still working with same employer
The Visa Geeza
Report to ImmD immediately.
Miya
Hello! Good day! I have a questio regarding my friend’s situation. Her employer’s working visa in Hk had been cut and he went back to his home country. My friend went to her home country too and will be back next month. Her contract will end in 2020. Is her working visa in Hk still active? Can she still come back and find a new employer?
The Visa Geeza
Yes – she can. She is not lawfully employable until she changes her visa sponsorship though. see:
https://www.youtube.com/watch?v=BxDDMWHqaVQ
sara lane
hi, im foreign employee,
my visa ended at dec 20,
then i worked until december 20
i signed a new contract on december 16.
december 23 (sunday)releasing date from consulate,then i went to immigration december 24.
i didnt know that inhabe to report on december 20 at the immigration, i thought if you signed a new contract you won’t have any problem?
what will happen to me? will they allow me to continue working in hK?
thank u
The Visa Geeza
I have no idea. What kind of visa do you hold?
Lynne
Good Evening!
I was over stay in hk for 7days and I surrendered in skyline tower by the help of Refugee union Head.After that they take my passport and hk I’d.I remain staying there for 2 years and told me to sign in matau Kok in every 3weeks ..last year oct I decided to return my country cause my issues here was cleared.My question is Is there any possibilities that I can go enter hk even for a visit ?
The Visa Geeza
Most likely not. Overstaying is a serious matter.
Rex
Hi,
Im overstayed for 4months last 2017, and now im in under macau working visa as a skilled worker!!! QUESTION is it possible to re-enter hongkong for only 3hour of visit & to purchased a tools in very cheap price place in shamshuipo.. after 3hours i need to return in macau for work!!!
The Visa Geeza
It doesn’t matter how long you need to enter for it is unlikely you will be allowed to visit Hong Kong again as overstaying is a serious immigration matter. The best way to approach this is to apply for a visitor visa in advance stating your need to visit and see how ImmD respond.
Maria
Hi,
My friend was overstay in Hk for 5 days last 2005 and was in jail for 2 weeks and now living in Switzerland for 5 yrs. and would like to apply Swisspassport. is this can stop her not to get Swisspassport? Thank you
The Visa Geeza
I have no idea. This is a Swiss immigration question not a HK visa question and we have no competency at all in Swiss immigration,
Uncle C
My friend’s Filipina girlfriend is pregnant and a Domestic Helper overstay. She wants to go and surrender to immigration and go back to Philippines to have the baby. She has overstayed for more than one year. Considering that she is 10 weeks pregnant and has a return air ticket, is it likely that she will be incarcerated and if so for how long?
The Visa Geeza
No idea. Best to surrender ASAP.
Marionel
Good day! I just want to have assistance/advise because i might overstay in the country. My passport is still on the VFS for stamping and still on process. My due date here in hong kong is on september 8, 2018. Is this a valid reason? What can I do to extend my visa? Thank you..
The Visa Geeza
Go to ImmD and report your circumstances.
Daria
Hello. I overstayed my visitor visa for 3 months last year (2017) been detained for 1 day at the police station then given a recognizance paper at HKID in Tuen Mun. Then went to the curt in Shatin, been told that I have a clean record and if I make another offence in the time of 9 months I’ll be in jail for 5 days, after this I went through the removal section and left the country on my expenses. QUESTION: I’m about to apply for a mainland Chinese working visa at my country, will this affect my application? I have no clear how indepent is HK from mainland
The Visa Geeza
Two separate jurisdictions. However, if the Chinese learn of your HK experience they could use that as a reason to refuse.
Janice Gorospe
Hi good morning I’m a foreign domestic helper here in Hong Kong my visa is already expired last June 30 2018 I thought it’s July 30 2018 will be expire. I’m already find a new employer because my current employer they will move in Canada this coming July 28,2018. I hope you will give me some advice thank you so much…
The Visa Geeza
Go to ImmD immediately. You are an overstayer. Go now!
Ritz Cariaga
My limit of stay will be on july 21, 2018 but i have my plane ticket already on july 20,2018 and come back august 5. Do i need to extend my visa? My contract will end jan 2020.
The Visa Geeza
Yes apply to extend now.
Ganie
Where people can surrender if overstay ,place ??
The Visa Geeza
Immigration Tower, Wanchai. Go to 2/F and tell them what you want to do.
Stacy
Hi my employer is in jail last other Monday.and she in jail Monday it’s because of the case that she involved.and now she said she told already all the details when she caught and act about for everything she told to cid imigration that she let me to leave already in her place last semptember 30 .and now last Monday she’s in jail for 3 days and she say her case is still undergoing .and I wonder when I call her the last other Saturday she never reply my text and call cause I need her a permission to go Taiwan last other Saturday. when I get back last other Monday I don’t have problem of imigration and during that date my employer in jail and I why wonder if she’s in jail that time when I get back here in hk last other Monday . why I don’t have problem of my visa that time when I get back in hk.my concern is what I gonna do of this situation sothat I can go back philipines have ticket already if there is a case I will face cause my employer say I over stayed already.what the best I can do to resolved this problem
The Visa Geeza
You had better report to immigration and explain the circumstances.
Stacy
If my friend surrender to immigration about her overstaying here.its possible she detain or deported only?
The Visa Geeza
How long overstay?
Cecil
Hi I need some advice I’m a working here in hongkong as a helper and i just check my Visa that I overstayed 2 months what should I do is it I got a big trouble?
The Visa Geeza
Report to immigration straight away.
Sutubu
Hi I am asking some advice regarding my friend.she has been over stay for 5years,because of she was terminated 3 times and was sure not going to get visa again.and she have serious trouble in her country,so she was scared to go back .my question is is there possibility to be a temporary refuge?thanks I. Advance
The Visa Geeza
With a 5 year overstay she needs to face the consequences and surrender to the Immigration Department.
Gaze
My friend had a case of overstayed and she was reported in Immigration on her case. She was detained for 7 weeks and now she’s back in Philippines after that. My question is how many years she can come back in HK to work again and if that case is her record for overstaying is cleared already?
Thanks
The Visa Geeza
It is unlikely she will be allowed to return. There is no minimum time away to clear an overstay record. If ImmD believe she will overstay again they will not admit her again.
Gaze
Immd not allowed me to enter HK yet even there is an employer signed my contract because of my overstayed wayback 2016. I want to ask, can i enter in Macau to work there while waiting my approval to be back in HK? Is Macau not a part of HK?
Thanks for responses
The Visa Geeza
Sorry I have no idea about Macau immigration. Macau is not a part of Hong Kong.
Chenli
Hi. I have a friend who worked as domestic helper but lost her passport way back in 1997 then overstayed for 10 months. In 2010 she visted Hong Kong and stayed for 7 days. Now she got an employer, and wants to employ her as a domestic helper. Will she allowed to work as a domestic helper. again. Please advise. Thank you.
The Visa Geeza
No idea. We have no FDH visa competency. You can only apply and see.
Kar
Hi! I had a one day overstay in Hong Kong. I have a Macau non-resident working visa. Can I still enter hongkong even just for a couple of days? Or if not, How many days should I refrain from entering Hong Kong? Is there any law? Thank you very much!
The Visa Geeza
1 day overstay on one occasion should not be problematic – so long as it’s your only instance.
Jessie
I have overstayed for two months and i reported already in immigration in Kowloon. My question is that if i still can come back in Hong Kong after. Because im about to leave in hong kong because i need to renew my passport. I got married here in hong kong last year on October, and my husband apply me as a dependent. And the immigration ask me to go back to my country, but im worried what if i cannot come back?
Please answer my a question.. thank you
The Visa Geeza
As a non permanent resident ImmD ALWAYS have the ability to deny your re-entry into Hong Kong. There’s not much more I can say than that really.
Julien
Hi,
I’ve an active hk working visa until may 2020 but I’m actually overseas and I don’t have a job in hk
How long I can stay overseas before my working visa will be cancel ?
Thanks for your help
Yours,
The Visa Geeza
Your employment visa will therefore expire in May 2020. But if you don’t work for your sponsoring employer you only have the privilege to reside in HK until then; you no longer have the privilege to work which ceased when you stopped working for your employing sponsor of record.