Will a Criminal Record Impact on Your Application for a Hong Kong Residence Visa?
Posted by The Visa Geeza / in Employment Visas, Family Visas, Hadley Says…, Investment Visas, Long Stay & PR, Refusals & Appeals, Special Programmes, Visitor Visas / 129 responses
Every now and again the question of criminal convictions and the impact they have on the Hong Kong visa process raises its head. Hadley here waxes lyrical on this subject and surprisingly, has quite a lot to say!
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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.
Peacefinder
Hello,
First thank you for helping people about visa and PR related questions it’s been very helpful to read these insight.
In my case I have been living 6.5 y in Hong Kong and found myself caught in a case of theft by omission. This fall’s in Hong Kong under the criminal dishonesty category.While I’m waiting for my trial very anxiously , I would like to ask if a criminal record for theft(dishonesty) has high chance to cause a rejection of my PR request.Additionally, if this causes problem to PR , will it affect the same way a working visa renewal : as working visa are granted 3 years max , and for a conviction to be spent a length of 3 years must elapse so shall a crime committed a conviction will never be spent during the remaining time of a working visa .Thank you
The Visa Geeza
The bottom line is as follows:
(a) if you get a fine under HKD10,000 it should not be problematic in any way UNLESS the police advise ImmD of their objection to you remaining in HK – this depends on how you acquit yourself during the proceedings.
(b) if you go to prison, you will break your continuity of ordinary residence for PR purposes and it’s unlikely you will get a visa extended.
(c) if you’re acquitted generally that’s the end of it with no immigration questions arising unless the police object to you remaining on security grounds (they don’t do do this maliciously – see (a))
In any event, you need to get the trial out of the way to see which way the wind is blowing
Peacefinder
Hi thank you so much for your prompt and precise feedback.
A lawyer service told me that a convicted charge for dishonesty will not jeopardise working visa reviewal ( sounds similar to case (a) you are referring above) But he told me that i can jeopardise de PR and right to abode application. I would like to confirm your point of view on this?
Thank you
The Visa Geeza
If you go to jail then the 7 years continuity is boken.
Peacefinder
This is clear and understood, I’ve well noted that prison will be an issue.
My question relates to the fine scenario: will a criminal conviction for dishinesty below 10k HKD never be problematic to ask for PR or working visa renewal?(unless police give instruction to immigration like you mention above)
Thanks
The Visa Geeza
Correct.
jox
hello ,I just convicted last Aug 2019 for assault, but I’ll pay fined only 400hkd and no jail .it can be affect my working visa if I’m renewed my work .
The Visa Geeza
Generally no. If the fine is less than HKD10,000 and the police have no objection to you being allowed to remain in Hong Kong, ImmD should agree to extend your employment visa.
M
Hello there,
I have been found guilty of possession of dengerous drugs (very small amount) in front of HK court in July and have been sentenced to a small fine of 2000HKD with no probation period or whatsoever . My current visa is running until beginning of Jan 2023.
Will my visa renewal/application be refused?
Thanks a lot for your time and answer.
Best,
The Visa Geeza
Generally no. If the fine is less than HKD10,000 and the police have no objection to you being allowed to remain in Hong Kong, ImmD should agree to extend your employment visa
Dave
Hi there,
If I was convicted of indecent assault in Hong Kong in August 2019, but I had no jail time or fine (just community service), should I be OK getting a working visa this summer to work in Hong Kong again?
I am from the UK and haven’t been in HK since October 2019.
I would be aiming to get a visa to work in a school. As far as I am aware, the conviction is classed as spent this August, too.
Thanks,
Dave
The Visa Geeza
I honestly don’t know. Generally, if the max sentence was a fine ImmD tend not to make an issue of it. You won’t know until you apply however.
Dave
Thanks for the reply!
Bob
Hi. I have been charged with felony-kidnapping and class a misdemeanor indecent assault but all dismissed. I got the disposition from the court. Will this hurt on my working visa application and residency application as well?
The Visa Geeza
If there was no guilty finding then no.
Jacky
Hi There,
I am inUnited Sates and I have been charged with indecent assault and unlawful restrain. But all the charges are dismissed.
I want to apply for working visa and potentially apply for residency in Hongkong. Will these two dismissed charges affect my application? Both of these 2 charges are Class A misdemeanor in United Sates. I run the FBI criminal background check and they show these 2 arrests and I got the disposition from the court.
The Visa Geeza
No.
Jacky
Hi Thank you for the response.
If the charge is felony-kidnapping and class a misdemeanor indecent assault but all dismissed as well.
Does that mean it does not hurt on my working visa application and residency application as well?
Ikhlaq
Hi i wanted to ask i want to apply for my hong kong sar passport i born here in hk and living here but i got criminal record will it affect me with applying for hong kong sar passport hope to get you reply soon
The Visa Geeza
It depends on the crime. You should apply in any event and see how you go.
Ailyn
Hi visa geeza I’m from Philippines Im here now in.Philippines but I have unpaid loan in bank iin HK
If I get visa again it will.be affect on my visa for vacation or dependent or my work visa if I apply again ?
The Visa Geeza
There’s no connection between Immigration and bank loans outstanding. If it were tax it would be different.
Tyler
Hello Visa Geeza,
First of all thank you for what you’re doing, it is awesome.
I am currently facing charges in HK for theft (shoplifting around 100HKD$) and I might get a record after my trial.
I am currently staying under a student visa and plan to apply for a working one in the upcoming months.
Do you think my application will be rejected?
Thank you in advance!
Best
The Visa Geeza
It might well be hard for you I’m afraid.
equilibrium
Hi VisaGeeza :
1- Tyler faced charges for theft (100HKD) with criminal record if convicted. a guilty fine sounds likely below 10k HKD. -> his application from Student to Working Visa might be compromised
2- several cases (Peacefinder for Theft, M for Drug below 2k fine) , all under an actual working visa -> no issue to renew their working visa or PR application if the fine is below 10k HKD.
does it means situation 1- (student to working visa) and 2(working visa to renewal or PR)- are different despite the fine lower than 10k HKD?
The Visa Geeza
It means ImmD look at every application individually. They assess the nature of the charges, the conduct of the defendant, the findings of the Court, the sanction imposed and whether or not the police expressly advise if they have any objection to the foreigner remaining in Hong Kong. Every case on its own merits. Generally, ImmD do not look to ‘double punish’.
Ste
Hello Tyler, may i know if there is any uodate on your visa application? thank you for sharing
Gigi
I have a class c misdemeanor conviction for driving around a parking cone in the USA.. would this affect me obtaining a work visa in HK?
Thank you
The Visa Geeza
Generally no.
Leslie
Hi,
Thanks so much for providing a such brilliant Q&A platform,
My situation is, I have a money laundering conviction in the UK with merely a fine penalty, and my DBS (basic) is clear as the criminal record is long spent BUT ARCO still shows, wanna know what kind of CR proof HK requests (DBS or ARCO) if I am thinking of applying work permit.
Thanks!
The Visa Geeza
ImmD will grant visas to people who have no known record of serious crime. I doubt a spent conviction punished by a fine will be a problem.
Jerry
Is a DUI from 7 years ago considered a serious crime on the visa application? And will it preclude one from being approved?
The Visa Geeza
No and no.
Jim
Hi Geeza,
In September 2019 I was convicted of indecent assault in Hong Kong and sentenced to a set amount of hours of community service, which I completed before moving back to the UK. I had been working as a teacher for the Education Bureau at that point but, due to the ongoing trial, had finished my contract in the August and did not attempt to renew. At the time my lawyer said that after 3 years the conviction would disappear and I would be able to move back to Hong Kong and work. I was just wondering what your knowledge of this is. If I were to want to go back and work in Hong Kong next year, do you think I would be able to get a visa?
Thanks in advance!
The Visa Geeza
Should be OK.
Jim
Appreciate the reply!
Shaun
Hi! I am looking to move to Hong Kong from the United States. I plead guilty to a charge of corruption of a minor texting a under age female. I was placed on the sex offender registration. Would that affect me for moving to Kong and opening a company
The Visa Geeza
You can certainly open a company but moving to Hong Kong, criminal record aside, is a very different challenge. In any event, at present ImmD will refuse visas where there is a known record of serious crime. Unless asked to disclose any criminal record during the currency of an application there is no need to voluntarily disclose one and the application forms do not at the moment ask the question as to whether you have one or not (unlike, say, Australia).
Steven
Im a UK citizen with a conviction of Possession of Class B substance and driving under the influence of a Class B substance, dated only 1 year ago circa November 2019. Convictions are deemed ‘spent’ after 5 years in the UK, altho I don’t know how this translates to other countries. Im applying for a graduate scheme job in Hong Kong, how will this affect my application? Do they even ask about previous ‘crimes’?
The Visa Geeza
No they don’t ask about previous crimes expressly. The test is “no known record of serious crime”. Yours shouldn’t be a problem.
Joey
Hi Visa Geeza, thanks for taking the time to answer all these questions! I’m an American citizen that has been stuck in Hong Kong for a year. I accidentally overstayed my visa (because of the travel ban and I didn’t have a landing slip because I thought I wouldn’t need it as I was going to be gone in a few weeks when the border was supposed to open.) I’ve been on recognizance for the past half a year, and I am now looking at applying for a spouse visa. Do you think immigration will consider granting my application? I overstayed my visa by a few days, but the rest of the time I was on recognizance-and I only overstayed because I was stranded due to corona virus.
The Visa Geeza
This shouldn’t be a problem for your dependant visa.
JS
Ok, thank you for your reply!
jim
Hi there,
I was convicted for shoplifting (under HK$200) and awaiting court. Was told that I will pay a fine. I have been living in HK for 3 years on dependent visa. Will this conviction affect my possibility of finding work in HK? Also what are the chances of receiving a bind-over arrangement as this is the first conviction ever (HK or elsewhere)? Thanks a lot.
The Visa Geeza
I can’t speak to the criminal law matter. I’m not a criminal lawyer. Nor can I comment on your job prospects. I’m not a recruiter. In my experience first offences not carrying incarceration do not impact negatively on visa extension.
RP
Hi im from philippines i was convicted last july 2019 and still have working visa valid aug 28 2020 and ive renew my working visa as fdh and it was refused because of my conviction last year..can i still get a visitors visa or extension visa with supporting letter of my employer?because of amid pandemic this time i can not return to my place of origin this time.how long do i can apply again ?thankss
The Visa Geeza
All you can do is apply to ImmD and see if they will let you stay as a visitor until you are able to travel home. They may or may not agree.
Mac
I have a DWI from 1994. Would this affect my chances of getting a work visa in HK?
The Visa Geeza
No
Vlad
Hello. I was detained for an up skirt photography in HK so i received an administrative punishment and had to serve 5 days but eventually I did not, as they released me with a health condition, which in fact i did not have. I am a student in HK holding a student residence permit. How likely is it to effect my residence permit renewal and should i disclose my case to the entry exit burro when applying for it in HK?
The Visa Geeza
ImmD will know about it so you best disclose its openly and see how they treat you. Should be fine.
Joe
Hi just wanna ask if you refused to enter in Hk for the first time . Do you think they have the chance to enter the next time? Is it blacklisted? How many months you need to try again.
The Visa Geeza
At least 24 months.
Anon
Hi, I have a larceny conviction (minor, only fined no jail time) record in Australia. Besides that all clean. Will this affect my Hong Kong student visa and future working visa? What about background Checks for large firms in Hong Kong? Thanks so much
The Visa Geeza
It will not affect your visa applications. I cant say what an employer may or may not do.
Lola
Hi. I am currently under investigation for harassment in the UK and have a job offer in HK. Is this likely to affect the visa application? If charged once in HK, will this affect the visa?
The Visa Geeza
The test is “no known record of serious crime.”.
Kikabing
Hi Visa Geeza – I have a question. I am a naturalised HK citizen (HK Passport) but prior to becoming one I was on work visa and before I became a HK PR (which was 6 years before I took up HK citizenship) I had a drink driving offence. I actually got my Citizenship/Passport 6 years after this case. I was fined at the time by order of the Magistrate court and my driving license was suspended for a period of 1 year – other than that nothing else. I have had no other offences. I am now planning to move to another country for work and for this a Police Clearance Certificate would be required – so would my drink driving offence cause issues?
The Visa Geeza
Sorry – I have no idea. Every country is different and I only know about Hong Kong.
Kyle
Hi, I’m from the Uk and have two cautions for possession of controlled substance, one was from 7 years ago which was a class B and the other was from 4 years ago which was class A.
My parents were both born in Hong Kong, and both migrated to the Uk, where I was born, but they didn’t apply for residency for me when I was younger – My Dad moved back to Hong Kong about 4 years ago and Mum still lives in the UK.
I’m 26 in October, and starting to study in University this September for three years.
I want to know if it will still be possible to apply for a permanent residency since most my relatives and family live there?
The Visa Geeza
HUGELY complicated area with no one line answers I;m afraid. It all depends on the UK immigration status your parents had at the time of your birth and when you acquired UK nationality. The best you mighe eventually be able to te it ASSG. see: http://www.hongkongvisahandbook.com/second-generation-chinese/
jimy2011
Hi , I am from Pakistan. I have illegal work in Hk 2014. I have sentenced 15 months. after come out form prison. I had got married with a Chinese woman. she applied my dependent Visa August 2016. then after octer 2017 immigration refused my case. then I came back Pakistan 2018 , i didn’t reacive any deportation paper or any stemp on my passport. 2019 my wife have applied again my dependent Visa, can it is possible i can get my dependent Visa or not, if yes after how long i can get my dependent Visa. Thanks for replying me
The Visa Geeza
With a record of immigration offences and imprisonment ImmD will not give you a visa.
blazeh
can i get a work visa in hong kong if i have a past criminal records in canada for felony charges with imprisonment of more than 2 years..but been clean for the last 6 years ?
The Visa Geeza
Possibly. You don’t have to expressly disclose your criminal record unless ImmD specifically ask you.
Nick
Hi my name is nick I applied for the dependent visa 14 months ago immd have asked for documents many times which I have submitted overtime despite that visa is still not approved I was convinced For illegal employment in 2014! I wanted to ask would this effect my case if it doesn’t the. how long would it take them to approve my visa!
regards
The Visa Geeza
Yes prior immigration offences blacken your record. Essentially ImmD don’t want you in HK again so you will struggle to get approved sorry to say.
Anon
Hi Visa Geeza,
Wanted your view on something. I’ve been working in HK for four years under an employment visa, and last year got convicted for assault, which resulted in a community service order. Prior to this, I had a clean record in Hong Kong and all other jurisdictions. The immigration department recently sent me a letter saying they are aware of my conviction, and that it wouldn’t affect my current visa term, but would be taken into consideration for future extensions.
My current work visa is valid until October 2020, however I’m changing jobs and so am going through the visa sponsorship transfer process. Do you think my conviction will impact my ability to 1) extend my visa or 2) transfer employment sponsorship?
Thanks a lot for your help!
The Visa Geeza
Non-custodial sentences w/o any direct police request for negative consideration tend not to impact future immigration applications where it is a single, first time offence.
Anon
Thank you for your response, that’s very helpful. And I take it that the Immigration Department being informed and having it on record, is not in itself an indication that the police have requested negative consideration?
The Visa Geeza
Correct.
Mr HK
Hello
Hello,
I currently hold a Hong Kong work visa to 2020 as I am sponsored by the company I work for. I recently was convicted of assault on a public servant in Europe and convicted to serve 14 days and a fine as taxi drivers are considered public servants in this country I was in. Will this affect my current work visa that I am on in Hong Kong if my employer gives this information to the immergration departmen? would I be in breach of my work VISA even if this happened outside of Hong Kong?
The Visa Geeza
There’s no reason to disclose any of this routinely as part of your HK employment visa extension of stay application unless ImmD expressly ask. If you voluntarily disclose it ImmD will likely assess it’s significance on the grant of your extension of stay.
Tony
Hi,
I have a caution for battery for a fight i was in when i was 18 im from the UK, i was hoping to go to hong kong to study chinese for a year would i get a visa or would i likely be rejected?
Tony
Also this is probably a stupid question, but my grandad was actually from hong kong and moved to the UK it was a british colony back then but is there any way you can get residence through things like that, thanks for all your help.
The Visa Geeza
No, sorry to say.
The Visa Geeza
This shouldn’t be a problem for you.
Zaid
I am a U.S. citizen. Applied to the Hong Kong Education Bureau as an English teacher. I received a notice that my application was accepted pending employment visa paperwork. I have a criminal background check with sex offender check from the state I live in. Will I need an FBI national level check? I had the state check done because it was easier and my original plan was to go to a school in China.
Thank you
The Visa Geeza
From an immigration perspective normally these things are not called for unless the employer makes it a condition precedent t progress with the employment. So it all turns on your employer rather than ImmD.
moonkija56
Hi. I was charged and convicted with a impaired driving under alcohol three years ago. $2,000 fine. I learn the lesson and have been clean ever since. I was offered a job in Hong Kong. Now I am about to apply for a work visa. Will I have a problem?
The Visa Geeza
This should not prove to be a problem.
vivi
hello, I’m is Indonesian domestic helpers
I want to ask, how do I apply for a work visa, so that I can work in other fields of work, besides domestic helper (stay out job), can I do it?
The Visa Geeza
No it’s basically impossible.
imrath
hi, i m Pakistan national , recently my dependent visa rejected bcoz i had criminal record in hk , i go to prison for 6 month,
i want to know (if possible) how many limit after we apply again for dependent visa , one thing i know if visa refused next day can apply again but immigration office again reject for criminal record, what is ur experience when i apply again ,
The Visa Geeza
To be honest you’re pretty much wasting your time. Your criminal record trumps your privilege of a dependant visa (you must come to ImmD with clean hands).
Jake
Hi.
Does a uk citizen need a degree to live and work in Hong Kong?
Thank you
The Visa Geeza
See: http://www.hongkongvisageeza.com/hong-kong-work-visa-application-vocational-qualifications/
Danish
I recently applied HK visit visa and got refused.
I had been employed in Qatar and have pending Credit Card cases.
Is this the most likely reason of rejection? I shared all my travel and past employment visa details.
Kindly advise.
The Visa Geeza
I have no idea why you might have been denied. Could have been anything really.
GC
hi, i have some felony drug charges that are 15 years old, can i get a hong kong visa and teach english
The Visa Geeza
It depends. The rule is there should be no known record of serious crime. ImmD do not ask you to disclose any prior criminal record. Not having a criminal record is no guarantee of an employment visa to teach English though.
C…
Hi ! I am accused of shoplifting hk$800 clothes where i have no time to plead not guilty and fight the case because of my sick mother so i have decided to plead guilty will this criminal record of shop theft will effect my permanent residence application ? Right now im
In dependent visa and i shall be permanent in 2020 ?my husband is permanent resident here in hongkong please help
The Visa Geeza
It all depends on the sentence and the police report to your ImmD file. It may or may not. If you were to go to jail then yes certainly. One time minor offences tend not to be a problem. If you’re not guilty it is not a good idea to plead guilty though…
F
I was charged with one charge of breach of condition of stay and the case is regularly adjourned every 3 months and I don’t have any criminal records in Hong Kong . Right now my police records is clear records.
Will it be affect my dependent visa application?
The Visa Geeza
Yes. Until it’s resolved ImmD will not finalise your applciation
Mark
Hi, I was convicted for theft 1+ year ago in Hong Kong (clothes for HK$240). First conviction ever (in HK or elsewhere). I have been leaving in HK for 4+ years and I am planning to apply for working visa renewal for the second time. Any chance to be rejected?
The Visa Geeza
If the police have no objection and the offence did not involve imprisonment then it is unlikely that you will be refused an extension of stay.
Polly
Hi,
My boyfriend wanted to know if he has to go through a special procedure to enter Hong Kong and if he has to pay to enter or fill out any paperwork for having a past DUI?
Thank you!
The Visa Geeza
No.
Jamie
Hi
I have a job offer as a UK national to HK but declared my record spent (5 years in UK) and therefore clean as we can do this here.
I have: ‘theft of article x 2’ ‘theft by employee’ and ‘fraudulent use of article’: all gambling related in 2008/09, sentencing was fine and community order (12 months), all mitigating through addiction.
since then gained teaching qualifications and master.
Will I be granted a working visa (working with children)
Thank you
The Visa Geeza
I doubt this will be an issue for you.
Violet
I am from Czech Republic and am living in UK now. I would like to apply for a spouse visa as my fiancee is a Hongkonger. However, I had custodial sentence 9 years ago and still need 1 year to be eligible to erase the record. May I ask if the probability that my application will be declined is high? Thanks a lot.
The Visa Geeza
Normally ImmD do not specifically ask about criminal records but if they do you will need to disclose it and then see how the cards fall. if they don’t ask then it’s unlikely they will refuse your application. You will never know until you apply.
Mark
Hi there,
I have 3 unspent offenses next to my name
2009 custody of a knife in a public place (fined)
2009 Exceed speed limit <45 Km/H (fined)
2010 Damage to property (fined + convicted, 12 month bond)
It's 2017 now and I haven't been in trouble since 2010. How do my chances look for a working visa in HK?
The Visa Geeza
Shouldn’t be a problem.
Jen
I have a drink driving conviction in Australia (fine only) and an otherwise clean criminal record. Will I be automatically denied a QMAS visa. I have 110 on the points test.
The Visa Geeza
Nope.
Maccau
Would the same general rules apply for a Blue Card application in Macau?
The Visa Geeza
I doubt it as we are 2 different immigration jurisdictions but I have no expertise in Macau immigration law.
Stephanie
Thank u for the reply. Does fines count as a custodial sentence? No jail time or anything.
The Visa Geeza
No, a fine is not the same as a custodial sentence and is usually not deemed to be a ‘serious crime’.
stephanie
with a reckless driving conviction in the u.s.
will applying for work visa be difficult or be declined?
The Visa Geeza
Depends really, If you received a custodial sentence, then possibly. If not, I don;t think it will be an issue for you.
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