If an IANG extension is refused

If an extension under the Immigration Arrangements for Non-local Graduates (IANG) is refused, or the period granted is shorter than you expected, there are several routes. For each one, these notes say who decides, what the deadline is, and what problem it can solve. These notes follow the Immigration Department website and public provisions, including the Immigration Ordinance (Cap. 115), the Interpretation and General Clauses Ordinance, the Rules of the High Court, and the Ombudsman Ordinance, checked 18 October 2026. This is not legal advice. For your own case, consult a lawyer.

Tell the 2 situations apart

1. A refusal means the Immigration Department does not approve the extension.
2. A short grant means you are approved, but the period is shorter than you expected. The published rule is that the period is generally not more than 3 years, or runs until the employment contract in Hong Kong ends, whichever is shorter. A short grant is usually tied to the end date of employment on the contract or the employer's letter. That is handled differently from a refusal. First check whether the end date on the letter is wrong. Then consider sending the Immigration Department the correct contract and an explanation of the facts. The department has not published a formal procedure for changing the period granted.
3. The visa fee is a way to read the length. An extension of not more than 180 days costs HK$600. An extension of more than 180 days costs HK$1,300. If you are asked to pay HK$600, the extension granted is not more than 180 days.

4 things to record from the refusal letter

1. The refusal reasons, in the words of the letter. Everything you submit later should be built around those words.
2. The last day of your present limit of stay, taken from the latest e-Visa or extension label.
3. The date you learned of the decision. The 14 days under section 53 run from the day you are notified or the day you become aware of the decision, whichever is earlier.
4. Whether the letter asks for further papers, and whom it tells you to contact. Reply in the way the letter specifies.

How the days are counted is in section 71 of the Interpretation and General Clauses Ordinance (Cap. 1). A period counted in days does not include the day of the event. If the last day is a public holiday, a gale warning day, or a black rainstorm warning day, it moves to the next day that is not one of those days. Do not leave the step until that last day.

The limit of stay does not extend automatically

1. Whether the extension is still under consideration or has been refused, you must leave Hong Kong before the limit of stay expires, unless the Director of Immigration gives approval in special circumstances.
2. Section 53(7) of the Immigration Ordinance states that lodging an objection does not itself give the person a right to remain in Hong Kong while waiting for the result.
3. Overstaying is a criminal offence. Section 2(4)(a)(ii) of the Immigration Ordinance provides that a period during which you remain in Hong Kong in breach of a condition of stay does not count as ordinary residence. That affects a later count of the 7 years for permanent residence.

Route A: apply again, or submit further documents

1. This route fits where the reason for refusal can be put right. Examples are incomplete papers from the employer, a mistake in the employer's letter, or a job description that does not show work at degree level.
2. The only point that can be confirmed from official material is this. The Immigration Department may ask you to submit further proof when it needs it. A time limit and a procedure for asking the department to reconsider were not found on the department website or in the Immigration Ordinance, checked 18 October 2026.
3. You can apply again once the conditions are met. The official frequently asked questions state that there is no limit on how many times you may apply under IANG. You may apply many years after graduation. You may apply again if you previously worked in Hong Kong under IANG and then left. If more than 6 months have passed since the graduation date, you are after six months. You must already be employed when you file. The department generally takes 4 weeks. Approval is generally for 24 months.
4. A claim circulating online, that you can usually make a written complaint within 1 month, has no official source that can be checked. It may be referring to this kind of reconsideration, which is not set out in statute. That is not the 14 days under section 53.

Route B: objection under section 53 of the Immigration Ordinance

The provision says this.

1. Section 53(1): if you are aggrieved by a decision of a public officer made in the exercise of powers under the Ordinance, you may object by delivering a written notice to the Chief Secretary for Administration.
2. Section 53(2)(b): you must make the objection within 14 days after you are notified of the decision or you become aware of it, whichever is earlier.
3. Section 53(3): the Chief Executive in Council considers the objection.
4. Section 53(4): the original decision may be confirmed, varied, or reversed, or another decision may be substituted for it.
5. Section 53(7): the objection does not give you a right to remain in Hong Kong while you wait for the result.

The legislation does not set out every practical point. The Immigration Regulations (Cap. 115A) contain no dedicated form, fee, or procedural provision for an objection under section 53. The legislation sets no time limit for a decision on the objection.

Use this route if you consider the decision itself wrong, and you can still put the objection in writing within 14 days. It cannot solve the problem of the limit of stay. When you deliver it, keep your own copy and proof of delivery.

Route C: judicial review

1. Under Order 53 of the Rules of the High Court, you must first obtain leave from the court. The application for leave must be made promptly, and in any event within 3 months from the date on which the grounds for the application first arose. The court extends that time only if it considers that there is good reason to do so.
2. Judicial review looks at whether the decision was lawful and whether the procedure was fair. It does not assess your qualifications again.
3. The Ordinary Legal Aid Scheme of the Legal Aid Department covers civil proceedings in immigration matters. You must pass both the means test and the merits test.

Other channels and their limits

1. The Ombudsman deals with maladministration, such as delay or an improper procedure. You must complain within 24 months of knowing of the matter. Under section 10(1)(e)(i) of the Ombudsman Ordinance, if you have a statutory right to object to the Chief Executive in Council, the Ombudsman generally does not investigate, unless the Ombudsman considers that you cannot reasonably be expected to use that route.
2. The Immigration Tribunal, under section 53A, hears only appeals against removal orders. It does not deal with a refused extension.

What to do, in time order (a suggested order, not an official procedure)

1. Day 0 to day 1: keep the refusal letter. Write down 3 dates: the last day of the limit of stay, the day the 14 days under section 53 end, and the latest day you can remain before you must leave.
2. Day 1 to day 3: set the refusal reasons against what you can still fix. If they can be fixed, ask the employer at once for the contract, the letter, the business registration certificate, the financial proof, and papers of that kind.
3. Day 3 to day 10: prepare a written explanation. Use a timeline of the facts, a point-by-point answer to the reasons, and a list of the evidence. For documents that are not in Chinese or English, prepare certified translations.
4. Day 10 to day 14: if you decide to use section 53, deliver the written objection to the Chief Secretary for Administration before the deadline.
5. Before the limit of stay expires: leave even if there is no result, unless the Director gives special approval.
6. After you have left: if the conditions are complete, apply for IANG again on the after-six-months basis, or consider other talent schemes.
7. If you consider the decision unlawful: within 3 months, consider an application for leave to apply for judicial review.

A suggested structure for the written explanation

The Immigration Department has not published a format for an explanation letter. A workable structure is this.

1. The heading: your name, travel document number, Hong Kong identity card number, application file reference, and the date of the refusal letter.
2. The purpose, in 1 sentence: which application you are asking to have reconsidered.
3. A timeline of the facts, each with its date: admission, graduation, the first IANG stay, the start of the job, the filing of the extension, and receipt of the decision.
4. An answer to each refusal reason, each one tied to a piece of evidence.
5. A numbered list of the evidence, for example annex 1 the employment contract, annex 2 the employer's letter, annex 3 the business registration certificate.
6. Your present position: the current employer, and the period of the contract.
7. A statement that the contents are true, your signature, and the date.

The contents must be true. Making a false statement to an officer of the Immigration Department is a criminal offence. On conviction on indictment under section 42 of the Immigration Ordinance, the maximum is a fine of HK$150,000 and imprisonment for 14 years. Using a nominal employment to obtain an extension is also a false statement. Do not accept approaches that offer a "guaranteed extension" or "sponsorship through a nominal post".

Other routes you can consider

1. The Admission Scheme for Mainland Talents and Professionals (ASMTP) is for Mainland residents. The General Employment Policy (GEP) is for people who are not Mainland residents. You need a genuine post, you must already have the job, the work must relate to your qualifications or your experience, local recruitment must not be readily able to fill the post, and the pay must be at market level.
2. Top Talent Pass Scheme Category B requires a bachelor's degree from an eligible university, and at least 3 years of work experience accumulated in the 5 years immediately before the application. Category C does not apply to a non-local student who obtained a bachelor's degree by studying a full-time locally accredited programme in Hong Kong. That limit is aimed at the bachelor's degree.
3. Under the Quality Migrant Admission Scheme (QMAS), on the General Points Test, you must meet at least 6 of the 12 criteria before you can file. That is the current threshold.

Sources

• Immigration Ordinance (Cap. 115), sections 2, 42, 53, and 53A
• Interpretation and General Clauses Ordinance (Cap. 1), section 71
• Rules of the High Court, Order 53
• Ombudsman Ordinance (Cap. 397), section 10
• Immigration Department webpage and frequently asked questions on the Immigration Arrangements for Non-local Graduates (checked 18 October 2026)
• Immigration Department webpages on the Top Talent Pass Scheme and the Quality Migrant Admission Scheme (checked 18 October 2026)