You Accidentally Overstay Your Hong Kong Employment Visa | Need to Change Employer | What Happens Now?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / No responses

Did You Accidentally Overstay Your Hong Kong Employment Visa …

How Do You Solve The Problem Where You Need To Change Employer?

First Published February 7, 2019

Accidentally overstay your Hong Kong employment visa?- What happens to you when  seek to change your employment visa sponsor but realise you have accidentally let your current visa expire without seeking an extension of stay?

QUESTION

Hi Stephen,

I ended my employment in Hong Kong at the beginning of January.

I looked for work and eventually found and got offered a job, still in Hong Kong, to start in March.

I thought everything was going well. I went in on the 1st of February to sort out the application for the work visa, and they sit me down…

They told me my previous work visa had expired on the 24th of January.

Now, this shocked me. In all the searching and transition to the new job I had completely forgotten to check my old visa.

I had come back after Christmas and assumed I was on a Visitor visa, or that my Employment visa hadn’t run out, because I was allowed back in after my return at Xmas.

I hadn’t checked. This is totally my fault and my mistake, I had completely forgotten.

My new company told me to go straight to Immigration, present myself, put in my new visa application with profuse apologies and explain myself.

I did that, they shouted at me threatening imprisonment.

I had to write a letter to the Director of Immigration explaining what happened.

I did all this, and afterwards the Officer said that was all for today and that they would send a letter to my company in 4-6 weeks.

They let me go with my passport and Hong Kong ID Card, and in my passport is a card with an application reference.

I have no idea what happens now.

They didn’t stamp my passport to allow me to leave the country, so I can’t go and return as a Visitor.

I am here with no visa, and I’m worried that if my work visa is denied, or I am stopped in the meantime, they will imprison me because I stayed here even longer.

No one at my new company is concerned, either because they don’t care or they don’t know. They are backing me and want me to work for them, but that’s it.

So, in your experience, what could happen now? What can I do to find out? How can I protect myself?

 

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ANSWER

Of course, being an overstayer is never a particularly nice thing to experience, but it seems to me that the worst is behind you now.

The advice that you received from your proposed new employer was absolutely on the money, and that was of course to report to the Immigration Department as soon as you discovered they overstay. Do make representations by way of apology and explanation, and in my experience Immigration Department are very often prepared to overlook accidental overstays and it appears from the information you’ve provided me thus far, that in case is in actual fact what did occur.

So, essentially then, by reporting to the Immigration Department you have advised them of the reasons for your overstay, and at the same time you’ve put into them a formal application for you to seek to adjust your sponsor from your old employment visa sponsor through to your proposed new employer.

Because you made the application whilst you were an over-stayer and you overstayed your employment visa, essentially what the Immigration Department are doing is treating your application to change your sponsorship whilst you are in what I’ve couched as the Twilight Zone, and The Twilight Zone is where you are an existing resident, your current conditions of stay prevail, but because you’ve made an application to the Immigration Department to change your employment visa  sponsor, they’re not in the position to endorse your passport with anything new, until such a time as they positively finalize your application to change your sponsor, which will take 4 to 5 weeks all things considered.

So, now that it’s sitting in the twilight zone, essentially you can’t leave Hong Kong without first getting a departure memo from the immigration office of its task with considering your change of sponsorship application but by the same token you  are not deemed to be an over-stayer at this point, because you’ve essentially regularized it previously, and the Immigration  Department have kind of Iike moved past that issue and they’re now focusing on determining whether or not you should be granted the ability to take up this new employer.

Now normally whilst the Immigration Department absolutely frown on over-stayers, the truth is that if you are genuinely now seeking to change your employer and that employment is for all practical  purposes a like for like employment, you can go into that application with a reasonable  level of confidence that you’re going to get approved notwithstanding the fact that there were these overstay problems associated with you actually formally moving  your application into the Department for your change of employer.

So, if you get stopped on the street, the Immigration Department essentially know all about you, they are not in a position to endorse your passport with anything new presently, as I say until your new employment visa application has been finalized. So, I wouldn’t worry about it, if the Immigration Department were going to make any kind  of example of you, I think you would have probably felt their wrath at that level by now, but given that they seem to have endorsed your passport with the standard card that speaks to the fact that you’ve now got an active reference as regards your application to  change your employer, and that they will as they normally do write to your employer during the currency of the application to change a sponsorship for any outstanding or other  information that will allow them to positively consider it in your favor, that is just the normal way that it works.

So, I believe that the hard part of your experience is behind you, I wouldn’t get worried, if the Immigration Department were going to make a move on you, you will hear about it. If you don’t hear about it, you can take some confidence that they are in fact just moving forward with your application to change your employer. Once, it’s approved they will then endorse your passport with a new limit of stay, which I think is before Q1, should be for a one-year period, if they finalize your application in Q 2, yet to be formally determined by the Immigration Department you’ll then get a 2-year limits of stay in the recently announced enhancement measure.

So, if I can put your mind to rest, I hope I’ve done that, but it seems to me that the situation that you find yourself in, whilst regrettable seems to have been dealt with by your letter of explanation and apology, and the fact that the Immigration Department have received your application to change your sponsor have given you an indication that that’s going ahead as a result of the card in your passport along with the file reference number, and the fact you have representation from an immigration officer that the next move will be a letter to your employer or your proposed employer.

So, all things considered I don’t think you’ve got much to worry about.

Okay, I hope you found this useful and gave you some piece of mind.

More Stuff You May Find Useful or Interesting

How A Hong Kong Employment Visa Application Can Go Completely Wrong If You Don’t Know What You Are Doing

10 ‘Must Have’ Resources For A Successful Hong Kong Work Visa Application

Will A Criminal Record Impact On Your Ability To Get A Residence Visa For Hong Kong?

Can You Have 2 Employment Visa Applications For Hong Kong Pending At The Same Time?

I Hate My Boss And Want To Leave My Job – What Happens To My Hong Kong Work Visa?

 

PODCAST ANSWER

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I Have A PRC National Spouse Resident On the Mainland | Can She Get A Dependant Visa For Hong Kong?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Feature Article, Your Question Answered / No responses

Can A PRC National Spouse Get A Dependant Visa For Hong Kong?

Can they qualify, if so, how?

The question of immigration status for mainland resident spouses of current or aspiring Hong Kong residents is a bit of a hot potato.

As this PodCast answer below  sets out, there is a dual track system in place in the immigration system which makes for winners and losers – and for once, those with the Right of Abode miss out.

QUESTION

“My employer wishes to relocate me from our Shanghai office back to our Hong Kong office. I previously had a Hong Kong work visa from 2007-2010.

I’ve very recently been married to my mainland Chinese wife. Will the fact that she is mainland Chinese adversely affect our ability to get a work visa for myself and a spouse visa for her?

What steps can I take in order to improve the likelihood that we are approved (besides the marriage certificate, mutual bank statements, and photos showing that we’ve been together for a long time)?”

ANSWER

In recent years PRC national mainland resident spouses, who have been sponsored for dependant visas by foreign nationals living or seeking to live in Hong Kong can apply for dependant visa for Hong Kong just like any other foreign national can.

Consequently, in your circumstances, you can apply for a visa to join you as your spouse without concern or respect to their nationality and the fact that suit residents on the mainland at the moment and this is contrary to the situations faced by residents in Hong Kong, who have the rights of abode, that is their permanent residents.

You see, spouses of Hong Kong permanent residents can only sponsor their mainland spouses into Hong Kong on the One Way Permit system, which is subject to a daily quota and as a [00:48] law of many, many years. And actually this is the same for foreign national permanent residence and native Chinese permanent residents of Hong Kong alike.

So, when you make your application for an employment visa to be collected back from back to Hong Kong from Shanghai, you simply included your wife on the ID 990B employment visa application form and then submit the documents to show that you’re happily married, that you live together until now and that you can financially support her.

She will need an endorsement in her travel document from the local Public Security Bureau in Shanghai as well, but after that, basically, your application should be very straightforward and I will not anticipate that you will have any problems being able to relocate to Hong Kong together.

VisaGeeza.Ai – Making Hong Kong Immigration A Lot Easier

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Side Employment | Employment Visa To Work For Yourself And Also A Full Time Employer | Both At The Same Time?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 3 responses

Is There Such An Animal As A Hong Kong Employment Visa To Work For Yourself?

Employment visa to work for yourself?  How can you have your cake AND eat it in Hong Kong – working for both yourself and a third-party employer at the same time?

QUESTION

Hi,

I’ve read (or I think I read) that with an employee visa we can transform it to an investor visa with the agreement of the employer.

I don’t find this anymore on the immigration website. Is it right?

What is the procedure to follow (my employer told me he agrees to make what is needed).

Thank you for your help.

TEXT ANSWER

Employment Visa To Work for Yourself?

If you are currently employed and wish to explore the option of starting your own side business in Hong Kongg, there is a unique pathway available to you. Rather than completely transforming your employment status to an investment visa, you can seek permission from the Immigration Department to join in a side business while maintaining your current employment.

Side Business

To secure an ’employment visa to work for yourself’ and embark on this path, you will need the consent of your existing employer. With their permission, you can approach the Immigration Department and request their approval to engage in a side business. Your primary rationale for employment remains intact, as you will still be employed by your current employer. However, your employer will provide a letter of no objection that supports your desire to pursue a side business.

Apply To ImmD

To successfully obtain the Immigration Department’s permission, you will need to provide a detailed explanation of your side business and demonstrate that it is properly registered. It is crucial to show that your side business will complement your stay in Hong Kong and will not hinder your ability to continue providing employment services for your sponsoring employer.

Pass The Test

In most cases, the Immigration Department is satisfied with these circumstances and grants permission for you to operate your side business while maintaining your full-time employment with your existing employer. This provides a unique opportunity to expand your professional horizons and explore entrepreneurship while still benefiting from the stability of your current employment.

A Little Known Visa

As you point out, this particular approach is widely advertised on the Immigration Department’s website. However, you may have come across this information in one of our previous posts as we try to provide valuable insights and guidance to navigate the intricacies of the Hong Kong immigration process.

Last Words …

I trust you find this information useful as you consider the potential of an employment visa to work for yourself.  Seeking professional assistance can ensure a smooth and successful application process. Our team is dedicated to providing the support and expertise you need to make your entrepreneurial aspirations in Hong Kong a reality.

 

 

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More Stuff You May Find Useful Or Interesting

Are There Any Advantages To Being An Existing Resident Of Hong Kong When Making An Application For An Investment Visa?

Newcomers Guide To Getting A Hong Kong Employment Visa (Infographic)

Can I Employ Myself By Getting A Hong Kong Investment Visa?

Sometimes Large Employers Experience Hong Kong Employment Visa Application Refusals – Why Might This Be So?

The Merits Of Applying For The Reconsideration Of A Refused Hong Kong Visa Application

 

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Hong Kong Visa Geeza | The Lost Decade 2000-2010 | OpenAi 2023 Update

Posted by The Visa Geeza / in Feature Article, Musing / 2 responses

Hong Kong Visa Geeza & How I F#ckedUp

Video and openAi update on the back story of the Hong Kong Visa Geeza. On March 2, 2017 I was asked by Campfire in Kennedy Town to contribute to their F#CKUP NIGHT series and invited to share my tale of business woe and commercial misfortunes which befell me between 2000 and 2010.

Update Via ChatGPT

18th of September 2023

PROMPT: Tell me everything you know about the Hong Kong Visa Geeza Stephen Barnes

As of my last update in September 2021, Stephen Barnes, commonly known as the “Hong Kong Visa Geeza” is a well-known figure in the Hong Kong immigration consulting field. He has been practising immigration consultancy for many years and has established himself as a go-to expert for all things related to Hong Kong visas and immigration issues. His expertise covers a wide range of visa types, including employment visas, investment visas, and family visas, among others.

Stephen Barnes co-founded the Hong Kong Visa Centre, which offers comprehensive immigration consultancy services. He is known for his straightforward and practical advice, often delivered with a touch of humour and a very approachable style. This has made him popular among expatriates and business people looking to navigate the often complex and confusing Hong Kong immigration system.

Online Presence and Educational Content

Stephen Barnes has a strong online presence, including a website and social media channels where he shares valuable information about Hong Kong immigration. He’s known for producing a variety of content, including articles, videos, and podcasts, aimed at demystifying the Hong Kong visa process. His approach to education and consultancy often involves breaking down complex regulations into easy-to-understand language.

Publications

He has also published guides and handbooks on Hong Kong immigration, which are considered valuable resources for anyone looking to understand the intricacies of Hong Kong’s immigration laws and policies. These publications often come recommended for their depth of information and practical advice.

Personal Style

Stephen Barnes has a unique and engaging way of communicating, often injecting humour and personal anecdotes into his professional advice. This has made him not just an expert in his field but also a relatable and approachable figure for those who may find the immigration process daunting.

Community Involvement

He is often involved in community events, seminars, and workshops where he shares his knowledge and expertise. His contributions to the community go beyond just business; he is seen as a thought leader in the field of Hong Kong immigration.

Credibility and Reputation

His years of experience and specialization in Hong Kong immigration have made him a credible and reliable source of information. He has been featured in various media outlets and is often cited for his expert opinions on changes in immigration policies and their impact.

And Now, VisaGeeza.Ai Too

It’s worth noting that the information I have may be dated, and for the most current information, it would be best to consult his latest publications or online platforms.

 

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More Stuff You May Find Interesting or Useful

But Stephen, How Do You Make Any Money When You Give All Your Know-How Away For Free?

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Visa Geeza At Home | Mandurah | Western Australia | World’s Best Kept Secret | 2016-17

Posted by The Visa Geeza / in Musing / No responses

Visa Geeza At Home In Mandurah Western Australia

This video showcases my hometown of Mandurah in Western Australia –  2016 / 2017.

Visa Geeza at home in in Mandurah, WA! I’m sure you’ll agree with me, it’s the world’s best-kept secret!

More about Mandurah below courtesy of chatGPT:

A Coastal Gem Worth Exploring

Mandurah, nestled in the heart of Western Australia, is a captivating coastal city that seamlessly blends natural allure, a pulsating culture, and a storied history. Whether you’re a seasoned traveller or a curious explorer, Mandurah promises an experience that’s both enriching and unforgettable.

Unveiling Mandurah’s Natural Splendours

Nature enthusiasts will find Mandurah to be a veritable paradise. The city is graced with immaculate beaches and the expansive Peel-Harvey Estuary, making it a hotspot for those who appreciate the great outdoors. The estuary is particularly noteworthy for birdwatchers and marine life aficionados. Here, you can often spot playful dolphins frolicking in the waters and a diverse array of bird species that have made the region their sanctuary.

A Dive into Mandurah’s Cultural Tapestry

Mandurah’s vibrant arts scene is a testament to its rich cultural heritage. The city is dotted with art galleries, a theatre, and live music venues, each echoing the city’s artistic spirit. The Mandurah Performing Arts Centre stands out as a beacon for arts, hosting a myriad of local and international performances throughout the year. As you navigate the city, you’ll be immersed in a world of artistic expression and cultural vibrancy.

Echoes of the Past

The historical roots of Mandurah are deeply intertwined with its Indigenous heritage. The Bindjareb people, the original custodians of this land, have left an indelible mark on the city’s landscape. Their history, spanning thousands of years, is etched into the very fabric of Mandurah. As you explore, you’ll encounter ancient sites and narratives that shed light on the traditions and tales of the Bindjareb people.

Gastronomic Adventures in Mandurah

Mandurah’s culinary landscape is as diverse as it is delectable. Renowned for its fresh seafood, especially the iconic blue manna crab, the city offers a dining experience that tantalizes the taste buds. Waterfront restaurants and quaint cafes provide not just sumptuous meals but also panoramic views that enhance the dining experience.

Thrills and Spills

Adventure seekers will find no shortage of activities in Mandurah. The city is a hub for water sports, from jet skiing to paddleboarding. On land, activities like golfing and hiking promise to keep the adrenaline pumping. Every corner of Mandurah beckons with a new adventure, ensuring that there’s never a dull moment.

In Conclusion

Mandurah, with its myriad attractions ranging from natural wonders to cultural landmarks, is a destination that beckons travellers from all walks of life. This Western Australian jewel, with its pristine landscapes, rich history, and vibrant culture, promises an experience that’s both enriching and memorable.

 

VisaGeeza.Ai – Making Life a Lot Easier

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More Stuff About Me …

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On Content Marketing

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Build A MONOPOLY From Nothing With No Money Invested

4 Realistically Achievable Visas | Live | Work | Establish A Business In Hong Kong | Study-then-Work Visa

Posted by The Visa Geeza / in Feature Article, Musing, Special Programmes / No responses

Establish A Business In Hong Kong | Study-then-Work Visa | A Little-Known Approach

The Immigration Arrangements For Non-Local Graduates Could Be A Realistic Option If Your Circumstances Permit …

A few years ago, I was invited by the good guys at WYND to give a talk about the Hong Kong visas that are the most realistically achievable to live, work or establish a business in Hong Kong, all things considered.

The Visa

Learn about the visa that allows foreigners to establish a business in Hong Kong under the Immigration Arrangements for Non-Local Graduates program. Eligible candidates with a degree from a Hong Kong University can get an automatic employment visa and work for any employer for 24 months after graduation.

A 2-Year Head Start

Are you planning to establish a business in Hong Kong, but worried about immigration issues?  Hong Kong immigration offers the Immigration Arrangements for Non-Local Graduates program, allowing eligible foreign nationals to stay in the country without any immigration problems for 2 years immediately after graduation.

Who is Eligible?

If you are a graduate with a Bachelor’s or an advanced degree from a registered and recognized Hong Kong University, you can get a no-questions-asked visa. This employment visa allows you to work for any employer for 24 months after graduation, without having to prove anything. After 24 months, if you have a permanent job, you can take Immigration Department’s approval for a 3-year extension. What’s even better is that you can change your employer as often as you want without seeking the Immigration Department’s permission. However, you must show that you are gainfully employed again with a suitable and credible employer to get the extension. Such gainful employment can be within your own enterprise as long as you’re business is contributing substantially to the economy of Hong Kong.

How To Apply

The application process for the Immigration Arrangements for Non-Local Graduates program is simple. All you need to do is enrol in a master’s degree program in Hong Kong for a year. While studying, you cannot work. However, after you graduate and hold a master’s degree, you can get your ticket to ride the Immigration Arrangements for Non-Local Graduates initiative. This program is an excellent opportunity for those aged 21-22, fresh out of university, who may find it challenging to find a job or an internship. By taking advantage of this initiative, graduates can overcome the lack of work experience and are thus able establish a business in Hong Kong.

The Benefits

The Immigration Arrangements for Non-Local Graduates program offers numerous benefits to graduates looking to establish a business in Hong Kong. By participating in this visa, graduates can secure a no-questions-asked visa, which allows them to work for any employer for the first 24 months after graduation. This flexibility provides a great opportunity to gain practical experience and establish connections within the industry. Additionally, after the initial 24 months, if the graduate secures a permanent job, they can extend their IANG visa for three more years without any restrictions on changing employers. This flexibility allows individuals to explore different career opportunities and find the best fit for their professional growth.

Last Words …

The Immigration Arrangements for Non-Local Graduates program is a solid visa opportunity for foreign nationals looking to establish a business in Hong Kong after a period of study here. With this initiative, graduates can overcome immigration barriers and kick-start their professional journey in Asia’s best business city by far!

VisaGeeza.Ai – Making Hong Kong Immigration Easier

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The Rest of the Series

1 – Introduction

2 – Policy

3 – Shenzhen Shuttle

4 – Just Visiting

5 –  Working Holiday Visa

6 – Employment Visa

7 – Study-then-Work Visa

8 – Investment Visa

9 – Loved Ones

10 – Big Question Answered

Long Term Business Visit To Hong Kong | Do I Need An Employment Visa?

Posted by The Visa Geeza / in Employment Visas, Visitor Visas, Your Question Answered / No responses

Do You Need An Employment Visa If You Intend To Make An Extended, Long Term Business Visit To Hong Kong?

What exactly is permitted activity in these circumstances and where does the line fall exactly?

With Hong Kong having such a liberal visa-upon-arrival regime (with more than 160 nationalities being granted permission to visit for between 7 and 180 days – depending on which passport you carry), it is understandable that there is confusion as to what is permitted activity if you are a ‘business visitor’ in the HKSAR.

This question provides an opportunity to get to the heart of this issue once and for all.

QUESTION

“Hi, Your websites are really informative. Thanks for making all this information available for free. I do have one question which I would like to have an answer for though.

I co-own and manage a small company in the UK (6 staff altogether) and we do a lot of business with one company in Hong Kong especially. Due to a contract we have just signed, I need to transfer myself to HK for up to one year in total, although I will probably travel to and from the UK several times in that period. I am trying to understand if I need to get an employment visa for Hong Kong. My business will carry on as normal in the UK (my brother and I run it together) but for all practical purposes I will be based out of Hong Kong for those 12 months.

Any advice you can offer would be really appreciated. Thank you!”

ANSWER

What Is Permitted?

If you make a business visit to Hong Kong, the question it begs as to what is permitted activity in the immigration status.

Business Meetings

Typically business visitors must generally contain their activities to, for example attending business meetings or fact finding discussions or this type of activity that gets to the heart of the possibility of some kind of transaction with your counterparties in Hong Kong. You can come for example to make sales calls to potential business partners, clients as long as while you’re making those sales calls you are working for an entity that’s established outside of Hong Kong. You can come to sign contracts or conclude contracts and submit formal tender proposals and support the submission exercise through the delivery of presentations and supporting representation.

Going ‘Hands On’

You can participate in overall product orientation. You can attend short term seminars. You can oversee the installation or the packaging of goods but you cannot actually be responsible and go hands on in relation to the installation or the packaging of those goods. And it’s a permitted activity to participate in exhibitions or trade fairs although it is not permitted activity to roll those up and start for example building the booth within the trade fair. You could assemble from a kit that you’ve brought with you, that’s natural but if you had to order timber locally and you needed to interact with local contractors and take responsibility for the formal building of your stand you would need work authorizations for that. And it’s perfectly okay to come and participate in for example reservation if you’re going to be suing somebody or you’re being sued and you need to give evidence.

You Know Work When You See It

So, in all things considered, business visits allow you to do all the kind of activities that are peripheral to commercial activity. And where it can be said that you’re actually getting involved in the provision of services or you’re implementing activities in relation to the commercial that it had brought you into Hong Kong in the first place, you’re going to need an employment visa. And this really sort of translates itself into a sort of common sense understanding.

If you’re going to come for three or four months at a time and you are a  U.K. citizen and you have 180 days as a visitor,  and during those three or four months you’re living in some serviced apartment and at 9 o’clock in the morning you’re reporting to your counter partner’s office and you going to your desk you’re sitting there and you’re on the telephone and you’re preparing paperwork and you are doing the kind of activities that will actually go towards the implementation of  the commercial aspect of what brought you to Hong Kong in the first place; and that’s really work, if it walks like a duck, talks like a duck, in actual fact it’s quacking its head off you are in fact a duck.

Therefore, you need to have an employment visa.

Consider A Short Term Employment Visa

So, whilst there are some differences between the activities, which are permitted by regulations and those that are allowed in practice, if you are going to be discharging your employment duties in Hong Kong, the type of things that you would ordinarily be doing back in the U.K. albeit it’s more practical to ‘live in Hong Kong underground’ doing that stuff, you need to have an employment visa.

Therefore, my advice in this situation would be to not rely on business visit category, even though you’re going to get 180 days period of stay each time you present yourself at the border, make an application for an employment visa.

The Immigration Department will take into consideration all the circumstances of your place and if you’ve got a genuine complex and you’ve got a business back home that this is going to continue and in fact is supporting the activities that have brought you to Hong Kong in the first place, the Immigration Department will grant you the employment visa.

So make that application and don’t attempt to just rely on business visit category simply because practically you get a 180 days each time you present yourself in Hong Kong at the border.

See Also …

Short term work in Hong Kong under official auspices

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