[bradd23]

Hi people, I hope some of you can help me with my question, it's like this.. My flatmate is from india, he came to HK in jan this year. He had a visa to stay in hk upto 3 months but for whatever reasons he stayed in hk upto now. What he can do now? I am HK permanent resident, is there any possible way I can help him? No doubt by overstaying he broke the rule but I'll appreciate if somebody can give me some useful advice about how to deal with this situation.

[PDLM]

You could show him how to pick up the soap in the shower without bending over...

[hullexile]

He needs to go to the Indian Consulate and explain his situation. He will then need to go to the Immigration department and surrender himself. It is unlikely he will go to prison but likely there will be a court appearance. He will then be deported and permission to return refused for at least two years. He will need to explain how he has been living for the past few months and this is where he could get into the biggest difficulties. On no account should you try and help him officially as knowingly aiding an overstayer will get you in serious shit (the penalties are much more severe than for the actual overstayer). Best to stay out of it as far as the authorities go.

[KnowItAll]

>> this is where he could get into the biggest difficulties

Absolutely correct. The consequences for locals / companies who knowingly hire overstayers / illegal immigrants are usually more severe than those who actually overstay.

Follow the advice from hullexile ... and as much as you want to help, be careful.

[bradd23]

Thanks all of you, espcially hullexlie.. I'll pass this advice to him. I hope I am not pushing you all by asking one more question, actually his gf (who is a hk resident) sponsored his visa, now they are engaged to be married. As far as I know it highly unlikely they can get married given his current immigration status. But in case of his turning himself in, do you think he'll be allowed to return hk to marry his fiancee? or mentioning about his fiancee will also get the girl in trouble with authorities?

[hullexile]

Originally Posted by bradd23

Thanks all of you, espcially hullexlie.. I'll pass this advice to him. I hope I am not pushing you all by asking one more question, actually his gf (who is a hk resident) sponsored his visa, now they are engaged to be married. As far as I know it highly unlikely they can get married given his current immigration status. But in case of his turning himself in, do you think he'll be allowed to return hk to marry his fiancee? or mentioning about his fiancee will also get the girl in trouble with authorities?

Yes it would get her in big trouble. If she is going to admit a relationship with him I would suggest that she says she has just found out that he is an overstay and that she told him to immediately surrender. That way she would not be in trouble but it would also get their relationship on record. Still some risk though. They are still looking at a long separation and he probably won't get back here for two years at least. To be honest it will be really difficult even to get a visitor visa to get married here. Even if he gets a visitor visa after two years he should still expect to spend hours getting through immigration at the airport. On no account should he try to get in without a visitor visa. A lot will depend on what he says he has been doing here while he overstayed and the reasons for the overstay I would guess. He MUST voluntarily surrender immediately. If he is caught then forget everything. If they get through this then their relationship is very strong.