Hong Kong Employment Visa Extension: What to Do If You Lose Your Job And Time Is Running Out

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

Hong Kong Employment Visa Extension? Losing your job can be a challenging experience, and if you’re working in Hong Kong, you might be wondering if it’s possible to get an interim employment visa extension while you continue looking for a new employer. With this question today, I’ll discuss the Immigration Department’s policy on Hong Kong employment visa extension and the options available in such a situation.

QUESTION

I’ve lost my job: can I get an interim Hong Kong employment visa extension while I continue looking for a new employer and sort my future out?

ANSWER

Can You Get an Interim Hong Kong Employment Visa Extension?

Unfortunately, it is impossible to secure an interim extension to your employment visa in these circumstances. The Hong Kong Immigration Department policy would be to give you a visitor visa when your employment visa expires, unless you have a suitable new job offer before your present visa expires and you submit a change of employer application before that date. Please also note the same inpact on accompanying family dependant visas.

What Happens If You Find a Job After Your Employment Visa Expires?

If you only receive a suitable job offer after your work visa expires and you have a visitor visa, you can then make an application to adjust your status from visitor visa through to employment visa once again. This is an entry employment visa application (with dependant visa again for the accompanying family). However, this is likely to break your continuity of ordinary residence if you intend to apply for right of abode (permanent residency) if you have lived in Hong Kong continuously for a full 7 years holding a residence visa (visitor visas usually don’t count).

Key Takeaways

1. It is not possible to get an interim Hong Kong employment visa extension if you lose your job and are still looking for a new employer.
2. The Immigration Department will issue you a visitor visa when your work visa expires, unless you find a new job and submit a change of work visa sponsorship application before your work visa expires.
3. Please note, the onus is on you to approach the Immigration Department if your employment visa is set to expire: nothing happens ‘automatically’.
4. Your family dependants visa will be impacted too
5. If you find a job after your work visa expires, you can apply to adjust your status from a visitor visa to an employment visa, but this may affect your eligibility for permanent residency.

Ending Note

In conclusion, it’s essential to be aware of the Hong Kong Immigration Department’s policies and procedures in case you lose your job. Children in school will need to stop attending and working spouses will no longer be lawfully employable whilst the whole family is on visitor status pending reacquisition of employment and dependant visas in the wake of a new employment.

More Stuff You May Find Useful Or Interesting

Can You Get an Interim Hong Kong Employment Visa Extension While You Continue Looking for a New Employer?

All About Hong Kong Employment Visa Sponsorship

Change of Employer for A Hong Kong Employment Visa – All You Need to Know

Will Any Time You Spend in Hong Kong as a Visitor Count Towards the Magic 7 Years for the Right of Abode?

Hong Kong Employment Visas – A Complete Overview & All The Resources You Need To Apply

 

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Hong Kong Investment Visa – The 3 Legs of the Application Approvability Stool

Posted by The Visa Geeza / in Feature Article, Investment Visas, Musing, VG Front Page / 10 responses

Hong Kong Investment Visa – The Approvability Test

I am often asked the question ‘can I freelance’ in Hong Kong or ‘what’s the minimum’ needed to anticipate an approval as an Entrepreneur for a Hong Kong investment visa.

This short video lays out how to corral your thinking if you wish to start your own business in Hong Kong and need the permission of ImmD to do so.

Additional Resources for Hong Kong Investment Visa Applications

To learn more about the importance of financial projections and crafting a strong business plan for either of these visas, check out the following resources:

1. Importance of Financial Projections in a Hong Kong Business Investment Visa Application

2. A Detailed Business Plan for Your Hong Kong Investment Visa?

3. Hong Kong Visa Handbook – Startups And Getting Accredited

4. Hong Kong Visa Handbook – Business Investment (Entrepreneur) Visa

Even More Resources for Hong Kong Investment Visa Applications

How Important Is A Good Set Of Financial Projections In A Hong Kong Entrepreneur Visa Application?

Is There A Minimum Number Of Days You Need To Be In Hong Kong In Order To Maintain Your Entrepreneur Visa?

Is There Such An Animal As An Employment Visa For An Independant Contractor In Hong Kong?

Business Investment (Entrepreneur(Visas) – A Leg-Up For Start-Ups In Hong Kong

How To Apply For A Hong Kong Business Investment (Entrepreneur) Visa – Without Any Professional Help!

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All About Hong Kong Employment Visa Sponsorship

Posted by The Visa Geeza / in Employment Visas, Musing, Sherpa / 4 responses

There is a great deal of confusion about Hong Kong employment visa sponsorship and this short video cuts through all the noise and sets it out definitively.

All About Hong Kong Employment Visa Sponsorship

There is a great deal of confusion about Hong Kong employment visa sponsorship and this short video cuts through all the noise and sets it out definitively.

Hong Kong Employment Visa Sponsorship Comes With 2 Privileges

Your employment visa comes with 2 privileges under Hong Kong immigration law. You get the privilege to work and the privilege to reside.

Hong Kong Employment Visa Sponsorship – What Happens If You Quit Your Job For Any Reason?

If you stop working for the employer sponsoring your work visa, your privilege to work ends but your privilege to reside continues until your visa limit of stay expires. Upon the expiry of your visa, you are expected to leave. After leaving your employer you can reinstate your privilege to work again before your visa expires by making an application to change your employment visa sponsorship once you have a new job offer. Your privilege to work extends only to the work you do for your sponsoring employer and no other party, including yourself, paid or unpaid, part time, some time or full time. This means you can only work for your work visa sponsor and no other party.

Hong Kong Employment Visa Sponsorship – What Happens If  I Want To Start My Own Business?

This video also speaks to changing your visa category to business investment as an entrepreneur in the event you wish to start a business of your own. In such a case here is the business investment visa test for approval.

Ending Note

The bottom line is that your ability to work lgeally is tied to your employment visa sponsorship if you possess an employment visa issued under the General Employment Policy. There are certain exceptions if you have earned HKD2 million or more in previous tax year and upgraded your status to Top Tier Stream, hold an IANG visa or have been admitted under the Top Talent Pass Scheme – all which have visa sponsorship playing a minor role in visa holder lawful employability.

More Stuff You Might Find Useful or Interesting

Your Employer Must Help You Get Your Hong Kong Employment Visa

The 7 Things to Tell Your Employer About Hong Kong Employment Visa Sponsorship

My Employment Visa Expires Before My Change of Sponsorship Application Will Be Finalized – Help!

Hong Kong Employment Visa Self-Sponsorship – The Reality for Entrepreneurs Masquerading As Employees

The 5 Key Factors Which Impact On Your Eligibility For A Hong Kong Employment Visa

 

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Hong Kong Right of Abode Application – Consider Your Strategy & Plan Early

Posted by The Visa Geeza / in Employment Visas, Long Stay & PR, Your Question Answered / 10 responses

First Published July 27, 2012 – Advice Still Highly Relevant Today

 

Hong Kong Right of Abode Application – Plan Early

This question comes in 2 parts. The first relates to positive planning in respect of an eventual Hong Kong right of abode application. The second touches on the mechanics of an aligned change of sponsorship application to the Immigration Department in the run in to the 7 year milestone where a permanent residency application comes into play.

I have updated this post today due to recent positive experiences we’ve encountered with ImmD who have demonstrated significant flexibility in  a number of our Hong Kong right of abode application recently.

It’s clear that Covid has created something of a new dynamic as to what amounts to ordinary residence for those long stay foreign nationals who found themslves away from Hong Kong for several years due to the ravages of the pandemic.

QUESTION

“Hi Stephen, first of all, thank you very much for your website and the information you provide. It’s very helpful.

I was wondering if you could help me answer some of the questions that I have related to working visas and permanent residency. I have contacted the Immigration Department directly, but only got the standard vanilla answer pointing me to some of the documentation on their website which doesn’t have detailed information relevant to my particular case (or at least I haven’t been able to find it).

I would really appreciate your advice and time.

I have been employed and residing in Hong Kong for the last 5.5 years. The whole time I have been staying on the basis of a working visa sponsored my employer (Employment as a Professional). My current working visa is valid until April 2013.

I am now looking to change jobs and already have an offer from another company who are willing to sponsor my working visa. However, the new job would involve extensive traveling for business in South East Asia region.

I have the following questions:

1) I am concerned that the demand for traveling associated with the new job and the fact that I would be away from Hong Kong, likely continuously for up to several months at times, might negatively affect my permanent residency application which I will qualify for towards the end of 2013. Hong Kong has become my home and I am planning to remain here in the future. Therefore the ability to become a permanent resident without any difficulties is absolutely crucial to me.

As such, would you know if there are any restrictions on how much time I can spend away from Hong Kong on business?

– Is there a limit to how many days I can be traveling in a row?

– And similarly, is there a certain amount of days that I need to be present in Hong Kong during the year overall?

– Ultimately, will the extensive traveling cause any issues when I apply for the permanent residency next year?

 The only specific information I found was in the application for permanent residency in which one must declare that they haven’t been away from Hong Kong for more than 6 months continuously. I haven’t found any info on how they treat if you travel for 2 – 3 months, then come back (say for 1 month), then go away again for 2 – 3 months, come back, etc., and repeat this process several times in a year.

Change of Employment Visa Sponsorship & Your Hong Kong Right of Abode Application Subsequently

2) Ideally, I would like to finish my current employment and start the new one without any interruption. I understand that I am required to apply for a new working visa, sponsored by the new company.

– Would you know if it’s possible to apply for the new working visa while still being employed by my current visa sponsor?

– Do I need to hand in my resignation letter first? 

– And what would happen in case my new visa application is unsuccessful?

– Would my current working visa become invalid (because I have stopped working for a company that sponsored it) and would I be required to leave Hong Kong immediately or would I be granted some grace period during which I could either reapply for the visa or look for another job opportunity?

 Thank you very much in advance for your help.”

More Stuff You May Find Interesting or Useful

Strategy on how to craft an argument to appeal a refused Hong Kong right of abode application

Will the 2 years I spent studying in China break my continuous residence  for the Hong Kong right of abode?

Hong Kong right of abode – when does the clock start ticking?

I have lived in Hong Kong for 5 years – can I extend my work visa for 2 years, quit my job, study full time then apply for the right of abode?

10 Must Have resources for a successful Hong Kong right of abode application

 

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PODCAST ANSWER

 

 

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Hong Kong Employment Visa: A Comprehensive Guide When Applying In Hong Kong

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

I’m in Hong Kong with my family as visitors seeking for me to get a Hong Kong employment visa with dependant visas for the rest of my tribe. What’s involved and how can I stay compliant if our 90 days visitor visas expire before we complete the whole employment and family visa application processes successfully?

Introduction

Are you a foreign professional eyeing opportunities in Hong Kong? The city’s General Employment Policy (GEP) allows you to work and bring your family along. However, the process of obtaining a Hong Kong Employment Visa can be complex. This guide will walk you through the eligibility criteria, documentary requirements, and the process of extending interim visitor visas.

Eligibility for Hong Kong Employment Visa

To qualify for an employment visa, you must meet several requirements. These include a good educational background, typically a bachelor’s degree, and at least two years of post-graduation work experience in a managerial or supervisory role. In certain cases, the Immigration Department may accept good technical qualifications, proven professional abilities, and extensive relevant work experience instead of a formal university education.

Skills and Experience

The applicant must also possess special skills, knowledge, or experience that are valued in Hong Kong and not readily available within the local workforce. They should be of good character, and the compensation package for the job, including income, accommodation, medical, and other fringe benefits, must be broadly commensurate with market rates.

The Role of the Employing Enterprise

The employing enterprise must be deemed a suitable and credible employment visa sponsor by the Immigration Department. This means the company should be well established, have a properly set up office, and already employ Hong Kong locals.

Documentary Requirements for Hong Kong Employment Visa

Various documents are required for both the employer and employee in an employment visa application. These include application forms, marriage and birth certificates, recent photographs, passport details, CV, graduation certificates, employment references, and more.

The Approval Process

Once the application is submitted, the consideration process will play out online, via email, fax, or occasionally by post. Processing time usually takes 4-6 weeks but can be longer in more complex cases. It is rare for a case, unless it is an intra-company transferee type, to be approved without some dialogue with the Immigration Department.

Extending Interim Visitor Visas

If your visitor permissions are going to expire before your approval comes through, you will need to arrange a means to extend your visitor permissions. You can apply at the Immigration Department directly for an extension but they generally do not encourage this as it involves a lot of time and resources for them to manually process an extension of stay. You can’t use the excuse of ‘work visa application pending’ to expect an visitor visa extension so you’re best off making a short family trip to Macau instead.

Conclusion

Obtaining an employment visa in Hong Kong requires meeting specific criteria and presenting a strong case argument that demonstrates the applicant’s value and the need for their unique skills in Hong Kong. By carefully considering the applicant’s individual circumstances, the job offer context, and the proposed employer’s business needs, the applicant can maximize their chances of a successful application.

More Stuff You Might Find Useful or Interesting

Your employer must help you get your Hong Kong employment visa

The 7 things to tell your employer about Hong Kong employment visa sponsorship

My Hong Kong employment visa expires before my change of sponsorship application will be finalized – help!

Hong Kong employment visa self-sponsorship – the reality for entrepreneurs masquerading as employees

The 5 key factors which impact on your eligibility for a Hong Kong employment visa

 

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Navigating Hong Kong Employment and Dependent Visas: A Comprehensive Guide

Posted by The Visa Geeza / in Employment Visas, Family Visas, Musing, VG Front Page / No responses

Explore our comprehensive guide on Hong Kong employment and dependent visas. Learn about the application process, eligibility criteria, and the rights of visa holders. Get insights on how to navigate the Immigration Department’s requirements and make your transition to Hong Kong smoother.

Must Have Resources

INFOGRAPHIC – Newcomers Guide to Getting an Employment Visa for Hong Kong

FACTSHEET – Visa Information On the Hong Kong Employment Visa

PLAN – The Hong Kong Visa Application Roadmap

VIDEO – Your Employer Must Help You Get Your Hong Kong Employment Visa

TEMPLATES – How to Structure Your Hong Kong Employment Visa Application Argument

CASE STUDY – Hong Kong Employment Visa – Teenage High School Graduate Gets Approved!

VIDEO – Does Your Employer Control Your Hong Kong Immigration Destiny?

VIDEO – What’s the Minimum Salary Requirement for a Hong Kong Employment Visa?

VIDEO – If I Didn’t Graduate From a University Will It Preclude Me From Getting an Employment Visa in HK?

PODCAST – Can I Come to Hong Kong as a Visitor, Find a Job, then Change to an Employment Visa?

CASE STUDY – Hong Kong Employment Visa Application – When All Else Failed We Appealed to the Chief Executive – and Won!

VIDEO – I Hate My Boss and Want to Leave My Job – What Happens to My Hong Kong Employment Visa?

 

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Hong Kong Immigration… What Does It Mean… Swapping Status?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Investment Visas, Musing / No responses

First Published September 12, 2015

Over the last 20 years or so I have coined a number of phrases in Hong Kong immigration parlance. Working my way through all of our content these last 40 days as we work to complete our large language model programming activity for VisaGeeza.Ai I have ‘re’found’ this series of videos which involve a much younger looking me! The advice and content holds good though!

In this short video, I discuss how spouses finding themselves in unfortunate immigration circumstances can go about swapping visa status’ to solve their pressing visa problems. Now 8 years old, the song remains the same …

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