Stranded in Hong Kong - Visa Problems


#1

My good friend is stranded in Hong Kong with no money because he can’t get a visa back into Hong Kong. If any of you can help, please let me know.

He accidently overstayed his visa and by the time he got some money together to go to Hong Kong he’d overstayed two months (he’s had some health problems recently, so is completely broke). He used a bit of guanxi and sorted it out with the police (he thought) they didn’t give him a black stamp or anything, made him pay the fine and told him he could get a visa in Hong Kong (although he couldn’t get a landing visa). It’s a visitor/student visa by the way (60 day with extensions up to 6 months).

He went to HOng Kogn on Friday and they wouldn’t give him a visa because of the overstay. They said that he has to get a sponsor to send some papers to something like the ‘Consular Affairs Office’, to plead his case and wait several days and even then the decision is up in the air. Someone from his language school is taking care of that.

It’s very important for him to get back to Taiwan so has anybody had a similar experience to this and know how he can improve his chances? Know anyone who might know? Richard, have you dealt with this before?

Any help much appreciated,
Bri


#2

When I read this I was really confused.

I think what Bu meant was a friend of his is stranded in Hong Kong because, he overstayed a Taiwan student visa.

The friend then proceeded to Hong Kong to reapply presumably a new visa/extension from the Tawanese consulate here in Hong Kong.

The relevant school that he is attending in Taiwan is helping him with the visa application.

And the case is doubtful because the friend “overstayed” his first visa and now the Taiwanese consulate here would have to consider whether to trust this person with a second visa or extension.

If the friend is “broke” as hinted by Bu, I doubt it that the Taiwanese govt would reissue a new visa.


#3

Why can’t he get a landing visa? Even if he overstayed, he should be able to get a 30-day visa in the airport.


#4

David, you weren’t very confused Your summary is right.

quote:
If the friend is "broke" as hinted by Bu, I doubt it that the Taiwanese govt would reissue a new visa.

The lack of cash can be fixed by a quick lend of money if necessary.

quote[quote] Why can't he get a landing visa? Even if he overstayed, he should be able to get a 30-day visa in the airport. [/quote]-Chainsmoker

The police in Taipei specifically told him “you won’t be able to come in on a landing visa but you can get a visa in Hong Kong”. Or do you have experience to the contrary? Maybe if the worst came to the worst and he couldn’t get the visa in Hong Kong he could try that, but it would very likely mean wasting his ticket to Taipei and having to buy another one straight back out.

Thanks for your replies. Anymore ideas or advice more than welcome.

Bri


#5

The point here is Bu, your friend has to convince the Taiwan Embassy or Consulate here in Hong Kong that he is sincere and he has the money to finish his studies in Taiwan.

  1. The more money he can show the better. So if your friend is broke wire him a couple of million bucks spare change if you have! Also a letter from his banker or sponsor saying his father is the owner of Boeing or Microsoft etc some other conglomerate would also help.

  2. Unless the Taiwan embassy/govt is fully in no doubt about the sincerity of your friend’s proposed study/course of action he will not get a renewal of his studient visa.

  3. Of course if the school he is enrolled in is also a no-nonsense type of school,( eg NTU) I am sure the visa can be reextended as they can easily convince the authorities that this ‘lapse’ of memory? on your friend’s part was not intentional and it will never happen again.

Other than the above I can’t think of anything that would speed up his application.

So tell him to emphasise, money, sincerity and reputation of his school.


#6

From what I have heard, this kind of
thing is pretty common.

The people in the visa office tell
people who have overstayed that they
can get a visa in HK, no problem.
But when they get there, they find
it very hard to get the visa back in.
And getting the paperwork done remotely
is a real pain.

This happened to my friend’s daughter.
Her ARC had expired when she turned
five, but he didn’t notice until a
month or so later. He was told that
it would just be an in-and-out trip,
but when his wife got to HK, she found
that it was necessary to get a guarantee
from his employer and (if I recall correctly) a round trip plane ticket.
It ended up taking three days.

I guess the visa folks find it easier
to have the people go outside and be
refused entry than to deport them once
they are in the country.

I think it is somewhat dishonest,
though, and is a lot of trouble for
the applicants.


#7

Regarding the situation of a five year old child whose residency rights have expired and who is being required to leave the ROC, apply for a new visa, and come back in —

The ROC Civil Law makes it very clear that minors (1) live with their parents, (2) have an obligation, and a right, to attend school. The Children’s Welfare Law also has similar provisions.

In my opinion, to say that such statuatory requirements only apply to ROC children, and not to foreign children, is ludicrous.

I hate to be overly litigational, however it is my belief that the rules/regulations regarding mandatory expulsion of minors who have overstayed their ARCs, visas, etc. should be challenged.

Anyone with a full grasp of the Civil Law, Children’s Welfare Law, Immigration Law, National Education Law, Foreign Visa and Passport Law, Administrative Appeal Law, and Administrative Court Procedural Law should be able to successfully mount such a challenge if the child in question (or his/her parents) will step forward.


#8

My friend’s situation just got worse. Someone from his school was supposed to be helping him (I’m not sure if they did or not, but when I caleld them they told me it was definitely all sorted out OK), but then his girlfriend called the foreign affairs office today and they said "no, no chance, he can’t come back for a year.

Does anyone know if there’s any hope, any further appeals he can take or anything? Any help at all would be much appreciated.

Bri


#9

I had the same problem before, but got back into Taiwan. The following 3 things, individually or even better collectively, will get you back in:

a) Statement of decent amount of money in your account.

b) You have paid at a school and have the proof.

c) You have a guarantoor.

In order to cover my ass, I had all 3 when i went and was given the visa without a problem.

If the guy concerned used Guan Shi to solve the problem with the police, i would suggest to call upon that guan shi one more time to act as guarantoor.
Don’t worry what they said to the girlfriend - the police tend to enjoy telling Chinese girls the worse over their foreign boyfriends.

Anyway, has to be one of the above methods, preferably all 3.


#10

hey bri… let me know how things are going with your friend. If it is not resolved, I’ll try to find some answers for you.


#11

Thanks a lot to the last two people for your replies. I’ve been a bit slow to answer because it’s hard getting all the information from all the people involved, but as far as I know they’ve said that he can’t come back for a year, but his girlfirend and someone fromt he school are still trying to help him.

Here’s what I think is happening. Originally the offic said it’s over - decided, but after much bothering they were allowed to submit some kind fo letter to the wai jiao bu - Taiwan Visa Office, which will be passed through the channels or something. The girlfriend is now getting a legislator who is a friend of a friend to try and go with her to talk to them.

So my big question for colewarren is what exactly do you mean by a guarantor - is this just some kind of vouching for the guy? I don’t think the relationship to the legislator is so close, so if he couldn’t be a guarantor who would be suitable?

Shadowpak, yes any extra info you could get would be very much appreciated. I understand that while my friend’s prospects are a bit grim, there’s always a hope and we need to try anything we can.

Much thanx
Bri