Hong Kong Visas Made Easy

Does the Hong Kong Employment Visa Change of Sponsorship Process Expressly Disclose to My New Employer the Reason For Me Leaving My Previous Job?

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

This an excellent question which has never come up in this fashion before so I’m delighted to provide the answer!

First Published July 30, 2013

QUESTION

I have just been made redundant by my Australian employer and my last day working in Hong Kong will be August 30, 2013.

My visa permit period extends to the end of next year (November 2014).

I am coincidentally in the final stages of negotiating a new role with a different firm, also located in Hong Kong.

However, I do not want my potential new employer to know that I have been made redundant, lest they use this knowledge to my detriment in the final stages of compensation negotiations.

My question is two-fold:

1. When my new employer eventually undertakes the Change of Visa Sponsorship activity, will they come to know that I was made redundant, or will the forms be silent vis a vis who left whom?

2. Will my new employer know the date I left the current firm, i.e., August 30, or only that I have left it and that I am eligible for a new work visa sponsored by them?

Thanks very much in advance.

More Stuff You May Find Useful or Interesting

I want to change jobs with a significant reduction in my base salary – how will this impact on my Hong Kong employment visa change of sponsorship application?

What do you need to to do if there has been a change in the details of your Hong Kong employment visa sponsor but no change ion your employer?

What happens if you inadvertently breach your conditions of stay by taking up an unauthorised employment in Hong Kong without first applying for a change of visa sponsorship?

I’ve lost my job – what happens to my Hong Kong employment visa?

Is there such an animal as a ‘flexible’ working visa in Hong Kong?

PODCAST ANSWER

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Can I Use the Impending Expiry of My Hong Kong Work Visa as a Way to Force the Early Termination of My Employment Contract?

Posted by The Visa Geeza / in Employment Visas, Family Visas, Your Question Answered / 4 responses

In the final analysis, this question is really about employment law which I am not qualified to answer (I’m an immigration guy).

However, it does afford an opportunity for a discussion about extending an employment visa when there’s only the notice period remaining on a subsisting employment contract.

QUESTION

I am an Australian expat, currently working under employer sponsorship in Hong Kong. This question is about  the expiry of my Hong Kong work visa.

I have recently handed in my resignation letter to my employer which requires a notice period of 2 months. As I am a ‘key employee’ the news has been taken fairly badly and they are forcing me to work the full notice period.

I want to be a good guy but the new role is a fantastic opportunity (not in Hong Kong) and the offering company is being pushy about the start date.

My current employer has rejected all propositions of negotiation.

The problem lies in the fact that my employment visa is due to expire in 5 weeks.

There is no mention of the visa in my employment contract.

Can the current employer demand that I renew my employment visa?

My spouse is also supported by this visa.

I would be quite happy to call it quits at the expiry date, pay all my bills and leave Hong Kong for good.

More Stuff You May Find Interesting or Useful

Does the Hong Kong change of employment visa sponsorship process compel me to disclose the reason why I left my last job?

Will the Hong Kong Immigration Department extend my employment visa if I am subject to a pending police investigation?

Will I get kicked out of Hong Kong if I have lost my job here?

How can I prove to the Hong Kong Immigration Department my last day of work for my previous employer as part of my change of employment visa sponsorship application?

What can be said to constitute ‘ordinary residence’ for the purposes of a Hong Kong right of abode application?

PODCAST ANSWER

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What Visa Category Should I Use to Expand My SME Business Operations From Gibraltar to Hong Kong?

Posted by The Visa Geeza / in Investment Visas, Your Question Answered / 7 responses

First Published January 10, 2017

What Hong Kong visa category should I use to expand my SME business operations from my base in Gibraltar?

Down the years literally dozens of such entrepreneurs have passed through my office and I am proud to have been associated with this flow of foreign national talent. It came as no surprise to me when this question came my way just yesterday.

QUESTION

“Hello Stephen.

I’ve been reading a bunch of the articles on your blog and the Visa Handbook and have found a lot of valuable information but still don’t quite know which visa I should be applying for nor what the best way is to go about it.

I believe the business investment visa is the way to go, but…just not quite sure.

I am interested in moving to Hong Kong in April of 2017 along with my wife and two children, ages 8 and 10.

I would like to stay for 6-7 years, although perhaps longer.

I currently own and manage multiple businesses here Gibraltar, all of which operate under a single umbrella company that has been in business since 1999 (technically it was sold in 2003 and then I started over, but for me it has effectively been one business since 1999).

Our annual turnover is approximately Euros 700,000 and we have 2 full time employees and about a dozen permanently engaged contractors. We are in the internet space.

I am completely self-sufficient financially, that is, I do not need to make any money in Hong Kong in order to support myself, as the Gibraltar operations of the business provide me with enough income to live comfortably and will continue to do so even if I am completely absent from them since other people now do the majority of the real work.

That said, it is not my plan to move to HK and merely lounge about, rather I would like to start a permanent office there, staffed by locals. I anticipate creating 5-15 contractor jobs during the time I would spend there to get things going.

Then I would move on, leaving the locals in place to run things.

Both I and my wife have Masters degrees, I in business, she in human studies. I am fluent in English and Spanish with a working knowledge of French. My wife is fluent in English and Spanish and has a working knowledge of Chinese. I am 42, she is 37.

Any pointers you can offer would be greatly appreciated.”

More Stuff You May Find Useful or Interesting

What does it take to get a Hong Kong investment visa approved?

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How to Get a Hong Kong entrepreneur visa approved – the inside scoop –  Introduction

Hong Kong investment visa – three case examples that would not get approved

10 ‘Must Have’ resources for any Hong Kong investment visa application

PODCAST ANSWER

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Are There Any Realistic Long-Term Visa Options for Out-of-Work Foreign Domestic Helpers Seeking to Remain in Hong Kong With Their Boyfriends?

Posted by The Visa Geeza / in Family Visas, Visitor Visas, Your Question Answered / 1 response

Long-term visa options for out-of-work Foreign Domestic Helpers in Hong Kong?

This scenario play itself out frequently enough here in Hong Kong that it is worthy of an answer and I am grateful to the reader for raising the question – so here we go…

QUESTION

My girl friend is an Indonesian domestic helper who has just left her employment with a Chinese family – however, she wants to stay in Hong Kong with me.

Can you advise me on how this might be achieved?

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How can my FDH visa holding fiance transition into a dependant visa with 6-12 months to go before we are due to get married?

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Why applying for a Hong Kong foreign domestic helper visa for your girlfriend is not a good idea

I have an employment visa and want to bring my girlfriend to live with me in Hong Kong – options please!

PODCAST ANSWER

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How Can I Manage the Expiry of My Hong Kong Employment Visa With My Intention to Resign From My Job & Start My Own Business Here?

Posted by The Visa Geeza / in Employment Visas, Investment Visas, Your Question Answered / 2 responses

Juggling commitments to your employer and your employment visa status can be challenging when you plan to quit and start your own business…

QUESTION

I have been sponsored over the past 5 years by my current employer and I have now decided to set up my own business.

The limited company is being created whilst writing this email but I am still currently employed and my visa expires in April of this year.

I have looked at all the steps to submit an investment visa application and I understand that it will take longer than expected.

Counting that my current employer has already invited me to submit my visa extension, but at the same time I must process this new investment visa application, how would you recommend me to handle the situation?

By applying for the investment visa now, will my current employer be informed that I have started this process?

I want to avoid the surprise effect and ideally I want to hand my notice (1 month) before such situation happens.

The other option would be to extend my sponsorship in the first place with my current employer and apply for my investment visa later on.

The problem is that it will take me to the end of April (counting the month notice) more or less and that would be a time loss for my new business.

On a side note, I am also married and my husband has a dependent visa which expires at the same time as my current employment visa in April.

I am afraid that he might be in a position with no valid visa to stay in Hong Kong while the investment visa application is complete as I know that it may take 4-6 months.

What is your advice on this point?

Thanks a lot and happy new year of the Rooster!

More Stuff You May Find Interesting or Useful

Hong Kong investment visa – the 3 legs of of the approvability stool

Is there such an animal as a flexible working visa in Hong Kong?

Hong Kong investment visa – cash required and the Catch 22

Is there such a thing as a Hong Kong employment visa for an independant contractor?

Is it possible to cancel a Hong Kong visa application and if so how do you go about doing it?

PODCAST ANSWER

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Will Vocational Rather Than Academic Qualifications Satisfy ImmD When Making a Hong Kong Work Visa Application?

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

Is it always absolutely necessary to call upon a university degree qualification in order to get a Hong Kong work visa application approved?

QUESTION

I have found a job here and am now in the process of applying for a Hong Kong work visa.

It is a Quality Assurance position in the garment business.

My qualification  (garment / fashion design) is from a French polytechnique which is vocational and not academic in nature.

I have 20 years of professional experience which I can readily prove with letters of references etc.

Further I am French and hence can speak French which is necessary because my employer is a French joint-venture company.

I heard that an academic degree is necessary for a Hong Kong work visa and that applications can be rejected for that reason.

Is there anything that can be done to maximize the chances to get the Hong Kong work visa all things considered?

In case of a rejection, is there a possibility to apply again?

More Stuff You May Find Interesting or Useful

10 Must Have resources for a Hong Kong work visa application

Why do Hong Kong visas get denied?

The merits of applying for a Reconsideration of a refused Hong Kong visa application

How to go about applying for the Reconsideration of a refused Hong Kong visa application?

I know the Immigration Department website is a black hole for denied Hong Kong visa applicants so what can I do now?

PODCAST ANSWER

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Our Dependant Visas Will Expire Soon – We Can’t Get Back To Hong Kong In Time Due To COVID19 – Help!

Posted by The Visa Geeza / in Family Visas, VG Front Page, Your Question Answered / 14 responses

I get 30-40 questions each week and not all of them merit a podcast answer. Some are answered quickly via email and for the next few days I’ll post some of these anonymised replies here.

Our Dependant Visas Will Expire Soon – We Can’t Get Back To Hong Kong In Time Due To COVID19 – Help!

QUESTION

Hi, me and my 2 daughters age 12 & 22 are stranded in India for the past 4 months and our dependent visas are expiring on 16th July.

There are no flights to come back to Hong Kong until 31st July. We are trying for evacuation flight, which might happen after 16th July.

My husband is in Hong Kong and has already applied for how own visa extension.

How do we get back to Hong Kong in this kind of situation? All of us have Hong Kong ID cards.

Please advise – what are the options available?

ANSWER

Since no flights are available before the visa expiry date and visitors are banned from entering Hong Kong at the moment, we suggest you flying back to Hong Kong when there are no more travel restrictions.

After coming back to Hong Kong, you and your daughters can apply for a reinstatement of your dependant visas with the necessary documents plus a letter explaining that you were outside Hong Kong and had no available flights to come back before the expiry date and extend your visas on time.

It is also advisable to write a letter about your current situation to the Immigration Department in advance, especially for your 22-year-old daughter (who can as an adult extend/reinstate her dependant visa but not have a new dependant visa issued to her), so that the Immigration Department cannot reject your reinstatement applications due to your lack of manifest intention to return before the expiry date.

The approval is subject to the Immigration Department’s decision; however, a visa can usually be reinstated successfully with a valid reason.

More Stuff You May Find Useful or Interesting

Why do Hong Kong visas get denied?

The merits of applying for a Reconsideration of a refused Hong Kong visa application

How to go about applying for the Reconsideration of a refused Hong Kong visa application?

I Know the Immigration Department website is a black hole for denied Hong Kong visa applicants so what can I do now?

How to engage the Hong Kong Visa Centre if your application has been refused by the Immigration Department