Redundancy | Expiring Hong Kong Employment Visa | Process Pitfalls | How To Manage

Posted by The Visa Geeza / in Employment Visas, Musing / 149 responses

What To Do If You’ve Lost Your Job And Have An Expiring Hong Kong Employment Visa?

Do You Have To Leave? What About Your Eligibility For PR?

 

Introduction

Experiencing an expiring Hong Kong employment visa after being made redundant can be a stressful situation. Hong Kong’s visa and immigration processes can range from being straightforward to incredibly complex, depending on your unique circumstances. In this guide, we’ll answer crucial questions and provide actionable steps to help you navigate this challenging period.

Contents

1. The Basics of Hong Kong Employment Visas
2. What Happens When You’re Made Redundant
3. Actionable Steps to Take
4. Impact On PR
5. More On PR Eligibility
6. Final Thoughts

The Basics of Hong Kong Employment Visas

In an ideal world, the process of securing a Hong Kong employment visa is linear: you receive a job offer, apply for a visa, get approved, and start working. However, life is rarely that simple. What happens when you’re made redundant just weeks before your expiring Hong Kong employment visa is due?

What Happens When You’re Made Redundant

Being made redundant before your employment visa expires puts you in a precarious situation. You may find yourself asking:

– Do I have to leave Hong Kong?
– Will my employment visa be extended without a sponsor?
– What are my options?

Actionable Steps to Take

1. Job Search

Without a job offer, you can’t extend your expiring Hong Kong employment visa.

2. Visitor Visa

Visit the Immigration Tower in Wanchai to apply for a visitor visa, stating that you’re seeking alternate employment.

3. On The Ground Presence

ImmD may grant you a few weeks under visitor status to find a new job, especially if you’ve been a long-term resident.

4. Re-Application

Once you have a job offer, re-apply for an employment visa using forms  ID990A and ID990B.

5. Visa Activation

After approval, activate your new visa by exiting and re-entering Hong Kong.

6. Family Members

If you have dependents, their visa processes will follow yours.

Impact On PR

The test for approval for PR in Hong Kong is as follows:

You need to have been continuously and ordinarily resident in Hong Kong for a period of not less than seven years where any absences from Hong Kong in that time – be they of long or short duration – are of a merely temporary nature as evidenced by what you leave behind in Hong Kong to return back to at the end of each temporary stay abroad. You need to have held back-to-back residence visas throughout the seven years claimed as ordinary residence in Hong Kong; must be no security objection to being granted the Right of Abode; must be no outstanding taxation liabilities in your hands in Hong Kong at the time that you’re applying for Right of Abode. And you need to have been in Hong Kong for a settled purpose. Your settled purpose is a function of the visa type that you hold

A visitor visa is not a residence visa. Any time you spend on visitor status is going to count against you come the time for your PR application. If your situation is one of mere Administrative Flux for a very short time between employment visas and your feet are terra firma Hong Kong all throughout, ImmD may conclude your ordinary residence has been maintained even though you had a short stint as a visitor.

However, the longer the stint the greater the chance of visitor status definitively breaking your continuity. Keep it short time folks!

More On PR Eligibility

If you need definitive help with your PR application get it all here, 100% for free!

Final Thoughts

While navigating an expiring Hong Kong employment visa after redundancy is challenging, it’s crucial to act swiftly to regularize your situation. Doing so will not only save you from legal complications but also help you maintain your continuity of residence in Hong Kong.

 

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Half Way Through the Process | Cancel One Hong Kong Employment Visa Application | Start A Second One Instead?

Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 10 responses

Cancel One Hong Kong Employment Visa Application to Start a Second One?

It sometimes happens that 2 job offers emerge in quick succession and you prefer to accept the 2nd one but the visa application for the first one has already started …

So What Happens In A Situation Like This?

Cancel one Hong Kong employment visa application to start a second one? The process of applying for a work visa in Hong Kong involves several steps and parties, including the employer, the Immigration Department, and the applicant. Here are some general considerations regarding your situation:

Withdrawal of Application

If your work visa application is still being processed, it is generally possible to withdraw it. You would need to inform both the company sponsoring you and the Immigration Department as soon as possible.

New Sponsor

If you decide to go with another job offer, the new company would have to start the visa application process from scratch. This would include submitting all the required documents and waiting for the application to be processed, which could take several weeks.

Time Factor

Keep in mind that withdrawing an application and then submitting a new one will likely extend the time it takes to secure a work visa. Make sure you have enough time left on your visitor visa to accommodate this.

Changing Employers Later

If your work visa has already been approved but not yet issued (i.e., you haven’t started working), changing employers becomes more complicated. You would generally need to go through the application process again with your new employer under a change of sponsorship application.

Legal Implications

Depending on your contract with the first company, withdrawing after a visa has been approved could have legal repercussions. Make sure to read your contract carefully and consult a legal advisor if necessary.

Communication is Key

Regardless of the stage you’re at, communication with both your current and potential future employer is crucial. Make sure they are both aware of the situation and are willing to cooperate.

QUESTION

I am currently in Hong Kong and about to sign a contract with a company that will sponsor my work visa since I came here basically to be with my boyfriend. However, there might still be a chance to get an opportunity with another job I have been waiting for an answer from. My question is if it is possible to interrupt the visa processing and change it to another company before it’s issued.

I would really appreciate your advice.

Click Here To Listen To Podcast Answer

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PODCAST ANSWER

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Hong Kong Visa Geeza | A Day-In-The-Life Of | Hong Kong Immigration Lawyer

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 1 response

A Day-In-The-Life Of Hong Kong Immigration Lawyer Stephen Barnes [aka] The Hong Kong Visa Geeza

10 Years Ago …

Hong Kong Visa Geeza: a day-in-the-life [and more]. On Tuesday, October 22, 2013, my client, compadre-in-arms and all-round good gal Gail Turner of Gail Turner Photography shadowed me around to take a photo montage of a typical day in my life here in Hong Kong.

 

All About The Hong Kong Visa Geeza

Taken directly from VisaGeeza.Ai …

Stephen Barnes, “Hong Kong Visa Geeza”

Hong Kong immigration lawyer Stephen Barnes is a renowned figure in the field of Hong Kong visas and immigration. He is the co-founder of the Hong Kong Visa Centre, a professional immigration practice. Here is some information about Stephen Barnes and his background:

Background

Stephen Barnes is an experienced immigration advisor specializing in Hong Kong visa and immigration matters. He has extensive knowledge and expertise in this field, making him a trusted authority on Hong Kong immigration matters. Known as the Hong Kong Visa Geeza, this nickname was given to him by Phil Whelan, RTHK Radio Broadcaster, way back in 2005.

Education

Stephen Barnes graduated from the London School of Economics in Law in 1992 and completed the Solicitors Final Examination of the Law Society of England and Wales in 1993. Since then, he has practised Hong Kong immigration exclusively and his expertise and reputation in the field is reflected in the fact that he has been accredited by the Law Society of Hong Kong to deliver CPD programmes in Hong Kong business immigration law and procedures.

Hong Kong Visa and Immigration Experience

As the Hong Kong Visa Geeza, Stephen Barnes has a wealth of experience in handling various types of Hong Kong visa and immigration cases. Over 30 years, he has helped countless individuals and businesses navigate the complex immigration process and achieve their immigration goals in Hong Kong.

Happy Clients and Client Testimonials

The context mentions that there is information about happy clients and client testimonials available. To access this information, you can visit the following link: Hong Kong Visa Centre Happy Clients. This page provides testimonials and feedback from clients who have worked with Stephen Barnes and the Hong Kong Visa Centre.

VisaGeeza.Ai

In 2023 Stephen Barnes spent 6 months programming Hong Kong’s very first artificial intelligence large language model called VisaGeeza.Ai. This free resource is a natural technological development resulting from 13 years of publishing his Hong Kong immigration expertise and know-how freely on the internet via the Hong Kong Visa Geeza website.

More Information

1. [LinkedIn Profile of Stephen Barnes](https://www.linkedin.com/in/hongkongvisageeza/): Stephen Barnes’ LinkedIn profile provides additional information about his professional background, education, and experience in the field of Hong Kong visa and immigration.

2. [Hong Kong Visa Centre Website](https://hongkongvisacentre.com/home/map/): The Hong Kong Visa Centre’s website  contains detailed information about their services, team members, and client testimonials. Exploring their website can provide a comprehensive understanding of Stephen Barnes’ role and expertise within the organization.

3. [The Hong Kong Visa Handbook] (https://hongkongvisahandbook.com/). For further information and insights into Hong Kong visa and immigration matters, you may also refer to “The Hong Kong Visa Handbook” by Stephen Barnes. This comprehensive resource offers valuable guidance and knowledge on various aspects of Hong Kong immigration.

 

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The Industry Secret Most Hong Kong Immigration Consultants Don’t Want You to Discover

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Long Stay & PR, Musing, Refusals & Appeals, Special Programmes, Visitor Visas / 31 responses

What Hong Kong Immigration Consultants Like To Keep Quiet About …

All cases are ‘hard’, right?

Lifting The Lid

[Looking around furtively…]

Shussh… You are probably paying Hong Kong immigration consultants too much for your Hong Kong visa service.

It’s true, and here’s the reason why.

Hard vs Easy

Your ‘easy’ Hong Kong visa application costs just as much as a ‘hard’ or ‘very hard’ case – yet Hong Kong immigration consultants generally do not distinguish them.

They are all just ‘cases’.

Those that go through quickly and easily are super-profitable for Hong Kong immigration consultants and those that need strident arguments barely break even.

We know this because our 30 years of experience in the Hong Kong immigration services business tells us the following:

Case Experience Generally

– 70% of Hong Kong visa cases tend to be merely administrative in nature and 30% need to be aggressively argued.

– Of the cases that need arguing, 50% require a lot of work and 50% somewhat less work.

– Hong Kong immigration consultants typically charge flat fees irrespective of complexity.

– Hong Kong immigration consultants and visa consultancies are not able to advise a client theirs is an ‘easy’ case for fear of mis-setting expectations.

– Moreover, at the point of agreeing a fee, Hong Kong immigration consultants are not in a position to know if a case will in fact be easy or hard as they have not yet opened a file, read all the available papers nor understood the full case background.

This all means that easy cases inadvertently end up subsidising the hard ones and the majority of clients end up paying for the privilege!

How Can You Know?

Clients are not in a position to know the true level of complexity of their case and so justify the size of their payment as a fee for convenience, service and peace of mind.

There’s nothing wrong with this of course.

It’s a perfectly ethical way to provide an immigration service and tens of thousands of Hong Kong clients every year get good results from Hong Kong immigration consultants and are very pleased with the service.

A Better Way

But there is an alternative.

It’s why I publish this Blog 4-5 times each week.

And wrote the Hong Kong Visa Handbook.

I published Hong Kong Visa Sherpa for companies with more than one hundred employees.

And launched VisaGeeza.Ai – all 100% Free.

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Hong Kong Investment Visa Wrongly Applied For | Clearing Up the Confusion & Getting the Correct Employment Visa Instead

Posted by The Visa Geeza / in Case Study, Employment Visas, Feature Article, Investment Visas, VG Front Page / 7 responses

Hong Kong Investment Visa Wrongly Applied For

This case study looks at the problems which arise when an applicant for a Hong Kong employment visa mistakenly applies for an investment visa in light of the fact he is an intercompany transferee establishing his employer’s business operations in Hong Kong from scratch

1. Hong Kong Investment Visa?

The applicant, a 14-day Visitor visa national from Ukraine, found himself (and also his family) in a whole array of grief before we were able to sort out the resulting confusion, going on to get their residence visas approved after we received our instructions very late in the day.

In this case study, the client mistakenly applied for an investment visa instead of an employment visa. The client is actually an intercompany transferee who is establishing his employer’s business operations in Hong Kong from scratch.

This situation can lead to several problems and complications.

Here are some key points to consider:

2. Two Different Visa Categories

The applicant mistakenly applied for an investment visa instead of an employment visa. It is important to understand the differences between these two visa categories:

– Employment visa: This visa is for individuals who have a job offer from a Hong Kong employer. It allows them to work and reside in Hong Kong.

– Entrepreneur (Business Investment) visa: This visa is for individuals who wish to invest in or establish a business in Hong Kong. It is not suitable for intercompany transferees who are establishing their employer’s business operations.

3. Eligibility Requirements

Each visa category has its own eligibility requirements. In the case of an employment visa, the applicant needs to meet certain criteria, such as having a job offer from a Hong Kong employer, possessing the necessary skills and qualifications, and demonstrating that there are no suitable local candidates for the position and the sponsoring business entity in Hong Kong be ‘well established. On the other hand, an investment visa requires the applicant to personally make a substantial contribution to the economy of Hong Kong.

4. Consequences of Mistaken Application

Applying for the wrong visa category can have several consequences:

– Delay in visa processing: The Immigration Department may need to review the application again, causing delays in the visa processing timeline.

– Possible rejection: If the applicant does not meet the eligibility requirements for the visa category they applied for, their application may be rejected.

– Legal implications: Misrepresentation or providing false information in the visa application can have legal consequences and may affect future visa applications.

5. Hong Kong Visa Application Roadmap

In case of doubt, you may find the Hong Kong Visa Application Roadmap helpful for information on intercompany transferee visas and establishing business operations in Hong Kong.

This resource provides a step-by-step guide to the visa application process in Hong Kong. It covers various visa categories, including intercompany transferee visas.

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The Perils of Contriving a Job Offer Just for the Purposes of a Hong Kong Employment Visa Application

Posted by The Visa Geeza / in Employment Visas, Hadley Says… / 17 responses

Pretending You Have A Job Offer To Get A Hong Kong Employment Visa?

Updated August 22, 2023

What are the consequences of providing false information to an Immigration Officer in Hong Kong? Is it worth the risk to pretend you have a job offer for a Hong Kong employment visa? 

Is It Worth The Risk?

Need a Hong Kong employment visa? Sometimes foreign nationals in Hong Kong take the view that it is acceptable to collaborate in the conjuring up of a job offer just for the purposes of helping a friend or professional colleague secure a Hong Kong employment visa.

However, this is fraught with danger and should not be seriously considered as an acceptable way forward in pursuit of a residence visa here.

Immigration Department policy is, and always has been, that the job offer underpinning an application for an employment visa  must be for a genuine vacancy.

Moreover, it is a criminal offence to tell lies to an Immigration Officer.

So, if you are party to an employment visa application where the job is in fact not a genuine one, then you are at considerable risk of:

Criminal Prosecution

For making false representations to an Immigration Officer.

A Negative Prior Immigration Record

For both the applicant and the alleged employment visa sponsor.

Discovery of the Contrivance

When the limit of stay comes up for renewal at the time of employment visa extension.

At the time of an application for the Right of Abode after 7 years.

During the currency of any genuine third-party application for an employment visa by the sponsor subsequently.

Hong Kong Employment Visas Require A Genuine Job Offer

Just because the Hong Kong Immigration Department deploy a flexible, non-bureaucratic employment visa application consideration process, it is churlish to expect that they do not have control mechanisms in place for fishing out suspicious applications – especially those where the job offer is not a genuine one.

So please, no matter how much you are tempted, do NOT contrive a job offer just for Hong Kong employment visa purposes.

The risks to the ersatz employer and the visa applicant him or herself are very great indeed.

Hong Kong Employment Visa Risk Of Criminal Prosecution

Making a misrepresentation to a Hong Kong immigration officer is not a good idea due to severe legal consequences. ImmD take immigration matters very seriously and lying to an Immigration Officer is considered a serious offence under the Immigration Ordinance.

Providing false information to an Immigration Officer may lead to detention, prosecution, and potential imprisonment..

Furthermore, providing inaccurate information to an Immigration Officer may damage an individual’s credibility, and ultimately jeopardize their chances of entering or remaining in Hong Kong.

Misrepresenting oneself is widely regarded as unscrupulous, unprofessional and disrespectful behaviour towards the authorities, advocating dishonesty in an official immigration process that aims to promote transparency, legality, and compliance with immigration law.

Consequently, it is important to ensure that all relevant information provided to an Immigration Officer is correct and truthful to avoid any legal issues.

What are the consequences of providing false information to an Immigration Officer in Hong Kong? Is it worth the risk to pretend you have a job offer for a Hong Kong employment visa? Are there any alternatives to contriving a job offer?The Hong Kong immigration system has strict regulations and requirements, and any breaches of these can lead to negative consequences that extend beyond an individual’s immigration status.

So, please don’t be tempted to pretend you have a job offer just to solve a Hong Kong employment visa problem.

It’s one of the oldest tricks in the book!

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Freelance Visa Hong Kong | Can You Get Immigration Permissions For A Hong Kong Freelance Job?

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / 6 responses

Can You Get A Visa For A Hong Kong Freelance Job?

First Published April 22, 2012 – Updated August 2023

Visas for one-man consulting businesses figure constantly in our enquiry Inbox. This post will attempt to put to bed this question once and for all, namely …

Is It Possible To Get Visa For A Hong Kong Freelance Job?

QUESTION

“I am currently working as a consultant for a South African company and I am doing consulting for a large international conglomerate in Hong Kong. My current role involves project management and functional consulting.

Given my expertise and experience, I am interested to change my current position and do freelance consulting in Hong Kong – which will require me to have an investment visa, right?

Do you believe this is possible?

Thanks a lot in advance for your feedback.”

Can You Get A Visa For A Hong Kong Freelance Job? Quite Possibly – But ‘It Depends’ …

ANSWER

Many thanks for your enquiry about possible immigration status for a Hong Kong freelnace job as a foreign national resdient here.

Yes, you are right. If you intend to start a business for yourself you will require a business investment visa as an entrepreneur.

Every case is unique and has to be taken on its own merits.

One man consulting business underpinning a Hong Kong freelance job DO get approved by the Hong Kong Immigration Department, but it is important that the right conditions be present in the proposed new business situation and also that the story is told in a favourable way to promote an argument which serves to satisfy the investment visa approvability test of being able to show that you will be in a position to make a substantial contribution to the economy of Hong Kong.

I am including below some information resources on this topic that you may not have seen. I trust they help to guide you in your thinking in order that you can make an informed decision about your next move en route to a Hong Kong freelance job in due course.

One-Man Businesses – What’s Required

One-Man Business – Case Studies

One-Man Businesses – Business Review After Approval

Of course, complete information on the investment visa is contained in the Hong Kong Visa Handbook. You can access all of these resources via this PDF and then click on the icons to take you to the extended detail.

You might also wish to pursue the Top Talent Pass and Quality Migrant Admission Schemes too. Each of these visas will enable you undertake consulting work as you plan, although both have them have their very own exacting requirements and  approvability challenges.

You’re South African and so a Working Holiday Visa is not available to you but can be a useful immigration status for certain qualifying nationalities.

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