Now That I’ve Lost My Job What About My Employment Visa? Will I Get Kicked Out Of Hong Kong Or Can I Stay?
Posted by The Visa Geeza / in Employment Visas, Musing / 86 responses
Now that I’ve lost my job what about my employment visa? Will I get kicked out of Hong Kong? I really do need time to get myself sorted out and ideally I want to find another employer here and pick up my career again. I love Hong Kong even though recent years have been tough and I certainly want to try for PR after 7 years. What do I need to know and do please?
Lost My Job What About My Employment Visa – Do I Have To Leave Hong Kong Straight Away?
No, definitely, not. Not at the moment anyway. This is how it all plays out for you now.
But first, a bit of technical background about your employment visa and what happened when it was issued to you.
When your current employment visa was first issued or last extended, the Hong Kong Immigration Department were satisfied on the documents supplied to them that:
(a) You possess special skills knowledge or experience of value to and not readily available in Hong Kong in the context of the job you were employed to do on the terms and conditions disclosed in your employment agreement, and
(b) Your employer was justified in engaging your services, those of a foreign national, rather than a local person, and
(c) Your employer was deemed a suitable sponsor of your stay in Hong Kong such that if you have to be removed from the SAR for any reason in the future, the HKID can look there for the cost of your repatriation subsequently.
So that’s where you stood until the day your employment ended.
Lost My Job What About My Employment Visa – The Continuing Privilege To Reside In Hong Kong
It’s not often appreciated that, when your Hong Kong employment visa was issued it came with 2 privileges:
1 – The privilege to do the job (a)-(b) above.
2 – The privilege to reside.
Note these are privileges – not ‘rights’.
A foreign national has no immigration rights per se until they have the Right of Abode when they have become permanent residents.
The privilege to reside flows naturally from the privilege to work. You can’t, after all, be allowed to work in Hong Kong and not be allowed to live here at the same time.
But the distinction between the two is often lost and only ever really come into focus when you stop working for the sponsor of your current employment visa. When this happens, your privilege to work ceases completely (and this includes working for yourself in your own business).
As for your privilege to reside, this will continue until your current limit of stay expires, whereupon you are expected to leave Hong Kong.
The privilege to reside carries the ability to look for an alternate employer and also make preparations to start a business, if this is what you’re thinking you might like to do in the wake of the termination of your last employment.
However, the privilege to start a new employment or actually start working in your new business can only be reinstated by the Director of Immigration.
Lost My Job What About My Employment Visa – Can I Recover The Privilege To Work In Hong Kong?
Consequently, you need to make an application to ImmD to change employers (employment visa) or establish/join in a new business (investment visa) before you are lawfully able to carry on with these income earning activities.
In both cases, this will require a new sponsor to pick up from where your last employer left off.
At the same time, your limit of stay will be extended by a further 24 months, (depending) and, at all times, the status of your family members holding dependant visas, simply follows yours except to the extent that your spouse still has the privilege to work on the strength of her own dependant visa which is unaffected by the loss of your job.
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The Hong Kong Visa Geeza (a.k.a Stephen Barnes) is a co-founder of the Hong Kong Visa Centre and author of the Hong Kong Visa Handbook. A law graduate of the London School of Economics, Stephen has been practicing Hong Kong immigration since 1993 and is widely acknowledged as the leading authority on business immigration matters here for the last 24 years.
MC
Hi Visageeza,
My wife is the primary holder of our work visas. We have been here for 4 years now. My wife just got a job offer in the U.S. If she takes the job can I stay here since I’m still working and my daughter has 1 more year left in her High School to graduation. She will not be coming back to HK no more. And we will leave after my daughter graduates.
Thank you,
Marty
The Visa Geeza
I believe my colleague Gary Lee has contacted you about this question.
Tom Smith
Hello,
Thank you for the very helpful article.
If I were to quit my job, but have for example two years left on my employment visa, I understand that I can reside in Hong Kong for those two years, but cannot start new employment or start working if approved by HK Immigration.
Can I check, with the ability to work remotely, are you permitted to take up employment with a foreign company and work for them and still reside in Hong Kong during those two years? (I assume you would still pay Hong Kong tax, on the basis of still living in Hong Kong?) – but can you take up this employment or would that need approval by HK immigration? And if so, do you have any sense as to whether they would grant it (given this would be for employment for a foreign company which has no requirement that you are based in Hong Kong)?
Many thanks
The Visa Geeza
No. ImmD regulate your work activity and it doesn’t matter where the employment contract is entered into nor where the salary is paid, ff your feet are terra firma HK you can ONLY work for your sponsoring HK employer.
HKvisa
Thanks for the insightful information. I understand the part the privilege to reside after I stopped working with my sponsor employer until the current limit of stay expires. The question is if I am still be treated as an HK resident during this period and allowed to exit and enter HK as an HK resident, given the complication of travel restrictions between HK & non-HK residents now.
The Visa Geeza
Yes you’re still a resident and can come and go as usual (quarantine rules apply).
GJ
Hello, Visa Geeza!
Could you please kindly advise me on the following:
1) My working VISA permits me to stay until 15th October 2021. Currently, I am considering signing a new contract with another employer. How much time would it be required for processing a new working VISA if we agree with a new employer? Would I be able to get an extension for staying in Hong Kong with my family until my new working VISA is ready? (I mean wouldn’t I have to leave Hong Kong and return again for a new job)
2) My family members have dependant VISAs permitting them to stay until 15th October 2021 as well. Is it possible to apply for my new work VISA (with a new employer) and simultaneously apply for their dependent VISAs as well?
Many thanks in advance for your reply!
The Visa Geeza
1) 4-6 weeks. As long as you submit BEFORE 15/10 you will go into the twilight zone if not approved by the 15/10.
2) Yes. They will follow you into the twilight zone too.
MG
Hi Geeza,
Thanks for the very helpful article. I’m not entirely clear about this part though:
“your limit of stay will be extended by a further 12-36 months”
What exactly is this extension based on? The fact that you’re preparing a business plan or in process of looking for new employment?
The Visa Geeza
Consequently, you need to make an application to ImmD to change employers (employment visa) or establish/join in a new business (investment visa) before you are lawfully able to carry on with these income earning activities.
In both cases, this will require a new sponsor to pick up from where your last employer left off.
At the same time, your limit of stay will be extended by a further 12-36 months, (depending)
>>On the basis your change of sponsorship application has been approved>>
Andre
Hello! If I was made redundant and still have a valid working visa, can I go out of the country and come in again as a resident till the time of my visa is still active?
The Visa Geeza
Yes.
Stephanie
Hi,
My company in HK has closed down and the last day of operations is July 31, 2020. My employment visa is valid until June 2021. Am I eligible to stay in HK and look for another employment until that time or do I have to leave immediately because the employer that sponsored my visa is no longer a valid sponsor? Thank you.
The Visa Geeza
https://hongkongvisageeza.com/hong-kong-employment-visa-sponsorship-2/
SUSUSU
Hello, Visa Geeza.
I would like to reconfirm several things.I keep working for same A company in HK for 6yrs.
2021, end of August, it will be 7yrs. And my working visa will be expired 2022, end of August.
If I could work until 2021 August, it is very simple and I understand that I will get PR.
But due to current situation, company may fire some cost higher staff.
As I know, if A company suddenly fire me and after for a while I found job at B company,
I need to wait until immigration changed working visa because sponsor changed.
It means, there will be some blank (no working period) from A company to B company.
Then when 2021, end of August come, still I can get PR?
The Visa Geeza
https://hongkongvisageeza.com/hong-kong-employment-visa-sponsorship-2/
Any time spent ‘between jobs’ as long as you remain ordinarily resident in HK during this time will still allow you to qualify for right of abode (PR).
Angel
Hi, what if I don’t get a job (or couldn’t get a job) for the last 6 months to one year before I am qualified for right of abode (PR)?
The Visa Geeza
This will not preclude you from qualifying BUT you need a valid resdience visa during the period it takes to spen the PR application process after the 7 year anniversary has passed.
James
Hi Visa Geeza,
I got sponsored by my previous employer when I was still with them, and have received a one way permit for a work visa from HK Immigration. Now I decided not to take that job, and am still out of the HK, but when I entered last time it was in their system, I had to tell them I was just there for visiting this time. My question is should I cancel the application or does it matter if I get the work visa anyway? If so, how do I cancel it at this point?
The Visa Geeza
Write to ImmD (the processing officer) and tell them you wish to cancel the employment visa as you have no intention of taking up the work therein.
Frank
Hi, I’m currently working but I plan to quit my job with any alternative at the moment.
I’m holding a visa valid until August next year and I’m 2 year far to get the right to apply for the PR.
I’m wondering if only the time that I spend in Hk employed will be count for the 7 year time that is require for the residency application.
I’m confuse because I always read something about that the employees will take your Visa from wher the last stop.
For example, if I resign in June and I spend 2 month jobless in Hong Kong, will this two month count to run for the PR application or not?
It might be a silly question but is hard to find any answer about.
Thanks for your time.
Frank
*About the third sentence what I mean is that I always read about the fact that the new employer will take the visa from the last previous employer, I didn’t understand this fact actually…
The Visa Geeza
http://www.hongkongvisageeza.com/hong-kong-employment-visa-sponsorship-2/
Juan
Hi,
I am expected to be made redundant within the next month or 2. I have approx 4.5 months before my 7 years residence is complete and I can apply for my HKPR status.
My current work visa extension is valid for 2 more years.
In a situation like this is my application for PR in jeporady? Regardless if I find a new job or not?
The Visa Geeza
No – as long as you have residence status until well after your 7 year anniversary there is no requirement for you to be actually employed at the 7 year mark when you apply for PR.
Ken
My work visa lasts until April 2020, my current sponsor have terminated my employment which means that I can stay until April 2020. However, my question is when can I seek a new sponsor to hire me? As in can I start work straight away? or have to wait until the new sponsor receives approval from Immigration? If so, how long does that take.
The Visa Geeza
http://www.hongkongvisageeza.com/hong-kong-employment-visa-sponsorship-2/
You can apply any time you have a new job offer. You cannot start work until the change of sponsorship application is approved which takes 6-8 weeks.
notibru
Hi Visa Geeza,
I am not sure I fully understand the last paragraph of your memo (‘except to the extent that your spouse still has the privilege to work on the strength of her own dependant visa which is unaffected by the loss of your job’). Can you please clarify the following:
I may loose my job here in HK. My employment visa runs until June 2021. My wife has a job on her own in HK. My kids and my wife are on dependent visas (to mine). Do you mean that to remain in HK my kids have to switch their dependent visas to my wife’s instead of mine? In that case does she have to take an Employment Visa?
thanks in advance and kind regards
The Visa Geeza
The loss of your job has no bearing on the continuing dependant visa permissions of your family. Your wife is allowed to remain in HK until 2021 assuming her dependant visa, and those of your children, expire at the same time as your current employment visa. Consequently, there is no need to seek to adjust your children’s dependant visa sponsorship to that of your wife.
notibru
Thanks a lot. Is it still the case if I find a job in another country but continues to live in HK and commute every week?
The Visa Geeza
Your limit of stay will be be maintained until it expires and then that will be the end of your residence in Hong Kong. If you’re working somewhere else (another country) then no extension of stay will be available.
Ems
Hi -I may lose my job in HK shortly, but I would like to stay on in HK (with my dependents) and look for another job. I have plenty of time left on my current employment visa. Is my understanding correct that I can remain in HK to job search for the length of my current visa and then apply to the Immigration department to have my new job approved and my sponsorship transferred? Are you aware of circumstances where the new approval has been denied? I am senior in financial services and would be looking for a job broadly equivalent to my current level. I have the financial resources to support myself and my dependents during my job search. Thank you!
The Visa Geeza
Yes your assessment of the process is correct. Do such cases get denied? Yes, but you can’t readily learn anything that might apply in your case as ALL cases are different and cannot serve as a definitive guide, one way or the other, to future applications made by others.
Lucia
Hi, My husband will move for work to Beijing. We would like to finish the school here to my kids ( one year more) Is possible to ask extension dependant visa without the sponsor physically in HK?
Thanks for your help.
The Visa Geeza
Alas no. Dependant visas can only be extended in tandem with the principal sponsor. You could explore the idea of student visas for the kids to finish their education but that will not allow the remaining parent any supporting immigration status per se. You’d have to remain in Hong Kong as a visitor. See: http://www.hongkongvisageeza.com/hong-kong-schools-for-your-kids-applicable-visas-student-visa-under-informal-guardianship/
Monique van Zyl
Hi Visa Geeza,
I had my visa renewed in January with a new expiration date of February 2020. 2 Weeks after the renewal, my role got made redundant. From the above, I assume I can stay in Hong Kong until February 2020, however, I am not able to work until I get a new employer to pick up where my old company left off. My question is, do I need to inform the Immigration department of my current status?
Thank you
The Visa Geeza
Good practice is to write to ImmD and advise them but you will not be sanctioned if you don;t.
P.Rawat
Hi
I was working in HK for 2 years till June 2016 and then return back to my home country. I still have valid HK visa till june 2018. I have found a job from one very good organisation in HK again. We have applied for a fresh visa for this and have also included my visa and HK ID copy. Will my valid HK visa and ID card help in issuing new visa to me or Immigration will just change the sponsor company and I can carryon with the already issued visa pasted on my passport. Thanks for your guidance in advance.
The Visa Geeza
If you still have an employment visa stamp in your passport you need to make a chnage of sponsorshop application, not a new visa applciation. This means you need to be physclally present in HK when you apply. The process itself it just like a new employment visa applciation.
Ann
Hello,
I am from the UK and I am currently on a working holiday visa that will expire in July 2018. I want to try out lots of different jobs in Hong Kong within this year. I have just had an interview and the employer says they will need to sponsor me if I want to work for them.. if they sponsor me, then will my working holiday visa become invalid? So when I intend to leave the organisation after a few months, I won’t have a working holiday visa anymore?
Thank you in advance for any advice you can give on this matter.
The Visa Geeza
Yes – if you secure an employment visa your WHV will then be null and void as soon as your activate said employment visa.
Ja
Dear Visa Geeza,
My current employment visa ends soon. There will be a gap before I start my new job with the new visa. Between my current job to my new job, what will be my status. Do I have to leave Hong Kong to get a visitor visa?
The Visa Geeza
Yes – unless you apply for the change of sponsorship BEFORE July 13 in which case you can remain in HK under your current status until ImmD approve your change of sponsorship application. if you DO NOT submit such a change of sponsorship application you would need to leave HK and return again after July 31 and come back as a visitor.
DependentSpouse
Hi Visa Geeza:
I am in a situation similar to what’s been discussed but my exact question doesn’t seem to have been answered previously.
I am currently on dependent visa with my sponsor being my spouse who is on employment visa – recently renewed, good for another 3 years. I understand that if my spouse quits, she can no longer work unless sponsored by a new employer, though she has right of abode until the expiry of said employment visa.
What about me though? I know I also have right of abode for next 3 years, but can I continue to work after she is fired or does my right to work terminate when she leaves her sponsor?
The Visa Geeza
You have nothing to worry about. Your dependant visa is not impacted in any way by the loss of your wife’s employment. Your dependant visa limit of stay is good for 3 years and you can carry on working in that time come what may.
Charlie
Hi Visa Geeza,
I have applied for Hong Kong work visa. Now i have received work visa (Still i have not entered Hong Kong). Now i want to renew my passport before entering HK as its expiring in 6 months. If i renew my passport, will my HK work visa be still valid? can i enter with same work visa new renewed passport? please advice.
Thank you.
The Visa Geeza
I would enter HK on your current 6 month validity passport with the employment visa label you have been issued. Once activated apply for a new passport and then seek a transfer of endorsement / extension of stay (for up to the maximum 2 years usually granted) from your old passport into your new passport. The visa label you have been issued is tied to the passport of record when your visa was approved.
toby
hi.. my employer terminated my contract before my visa ends…ive been working for the company for more than 3 years.. problem is after a month, they want to rehire me and sign a new contract..what are the dynamics on this?.. should i be entitled for a severance pay even after their intent in rehiring me?..thanks
The Visa Geeza
Sorry I am not qualified to answer this question. It relates to labour law and I only know immigration law.
Liz
I’ve quit my job and my visa is supposed to end Nov 13. My boss says they will “report to immigration about my resignation” this Friday. What does this mean exactly? Will I be allowed to stay until Nov 13? or have to leave in October? How much time would I have to leave?
Could I just go Macau and come back as a Tourist or do I have to leave for a period of time?
The Visa Geeza
When does your current limit of stay (existing visa) expire?
Are you a chef?
Liz
My current limit of stay expires Nov 13. I was teaching English. It sounds like from your page above that I have until then. At which point I’ll have to go to immigration and apply for a tourist visa.
The Visa Geeza
If you cannot get an extension of stay for your employment visa (assuming you have such a visa and not a WHV) then you must leave HK for Macau on the 11 pm ferry on November 13 and return to HK on the 1 am ferry from Macau on November 14 to be readmitted as a visitor.
Liz
Great, thank you for the help!
neha
hello there geeza my spouse demise in 3 years of my hongkong visa what should i do now can i remain in hongkong after demising my spouse?? if i can what document should i need? please help.me
The Visa Geeza
Please see: http://www.hongkongvisageeza.com/can-i-remain-in-hong-kong-as-a-dependant-visa-holder-if-my-spouse-has-died/
Richard
Hi Visa Geeza,
I’ve recently been made redundant and was working on a valid work visa that expires in a year and a half. I hope to find a new employer who will sponsor me soon. In the meantime, for how long can my dependents travel outside of HK before it affects their non-permanent resident status? My wife had planned to take our child to New Zealand for six weeks during summer holidays to be with grand parents. In such a scenario, would my dependents be stamped as ‘visitors’ on their return to HK after the six week trip? Or would they retain their non-permanent resident status as long as I have not left HK for more than a month before I can find a new employer to sponsor my work visa?
Kind regards,
Bill
The Visa Geeza
6 weeks outside of Hong Kong will not break their continuity of ordinary residence. Your current limit of stay will expire 18 months later irrespective of the fact of your redundancy and so will their dependant visas – so they will not be re-admitted as visitors upon their return for the 6 weeks away. Their dependant visas will remain valid in tandem with your employment visa.
Jessica
Hi there,
I quit my job before i went to Macau. Now I want to find new work.
Do I technically have a work visa or am I still here as a tourist?
You said it is not illegal to look for new work while I am here. Do I start the visa sponsorship process from the beginning?
Or do I need to do the change of employer path?
Also how do you contact the immigration director. All the links and phone numbers on the immigration website are automated.
Do I need to make an appointment and go in?
Sorry for all the questions!
And thank you so much for any response.
The Visa Geeza
If you were admitted back into HK with a white slip that says Visitor then you are a Visitor. If it says Employment, then your previous employment visa still has a valid limit of stay on it. This doesn’t mean you still have the privilege to work still; that ended when you stopped working for you last employer. You then need to secure a job offer and go through the process of reinstating your employment privileges once again bu either applying for an change of employment visa sponsorship (5/F Residents section of ImmD Tower or 24/F EEV section if you are in fact here as a Visitor). Se for the exact process in each instance: http://www.hongkongvisahandbook.com/home/hong-kong-employment-visas/
Ramesh
HI
I am working under Hk visa in HK. My company wants me to work in China for more than 183 days.
I will get salary only in China. Can I work in both places Should I get proper work permit in China.
Can anyone explain whether it is possible.
with regars
rrb
The Visa Geeza
If you’re going to work both in China and also in Hong Kong then you need employment visa permissions in both jurisdictions. As you presently have a work visa for HK you simply just need to turn your attention to becoming compliant in China.
G-Man
Thanks for this website and your advise! The above explanations under your article “Now That I’ve Lost My Job What About My Hong Kong Work Visa? Will I Get Kicked Out of the HKSAR?” are pretty clear and well understood but your last paragraph threw me away and slightly confused me a little… Here is my case and apologies if it was discussed in other parts of the forum, I did a search and couldn’t quite find what I was looking for…
Been working as an expat in HK for the past 5 years (renewed Work Visa last Oct 2014 for another 2 years, expires Oct 2016). I’ll lose my Job by the end of December but found a job with an American company that is settling operations in HK (still in start up mode). I’m sure they won’t be to sponsor my HK visa while starting up… could they? If not, what are my option? Certainly don’t want to throw away 5 years specially now that I’m 2 years from the ‘Right to Abode’. Understand I can’t work for any company in HK but do I need apply for something when my current visa’s terms become invalid at the end of Dec?
G-Man recently posted..Hong Kong Entrepreneur Visa (Business Investment) – A Practical Guide
The Visa Geeza
Your current visa does not become ‘invalid’ in December when you stop working for your present sponsor. Your privilege to work ceases but your privilege to reside continues until your 2016 visa expiry. Strictly speaking, the work you do for the American company needs the permission of the Director of Immigration. I appreciate it is all in start up mode but you would submit all of the papers that speak to their plans for Hong Kong and through your application seek to establish the Hong Kong entity of the US business as a suitable and credible sponsor of your own ongoing visa permissions. This would take the form of a change of sponsorship application (5/F ImmD Tower Residents section) but treat it as an entirely new application in terms of the paperwork you submit – see the D-I-Y Visa Kit for exact guidance. The US parent corporate and financial credentials will be important so include these in the application bundle. If you are still stuck give me a call on 9667 4095 and I’ll talk you through it.
The Visa Geeza recently posted..Can You Hold a Hong Kong Employment Visa Yet Be Unemployed, Travel & (Even) Work Abroad for An Extended Period of Time Yet Still Qualify for the Right of Abode Here After 7 Years?
jeremy
Hi,
The company that I am working for decided not to renew my working VISA. My VISA will expire on April 2014. But I was able to find a new employer. How to I apply for visa extension or renewal? should my new company apply for me? And what are the requirements that I need to submit. Thank you.
The Visa Geeza
Here you go: http://www.hongkongvisageeza.com/how-do-you-go-about-changing-your-hong-kong-employment-visa-sponsorship-at-immigration-tower/
The Visa Geeza recently posted..QOTW: What Chance Does a Fresh Foreign National Graduate Have of Getting a Hong Kong Employment Visa?
Pheelee
Hello,
My husband is about to loose his job every shortly. His company sponsored him so we are able to reside in HK. I am currently on a dependant visa and have been working as a teacher for the last 5 yrs and my employer has offered to sponsor me. Can I just change my visa without any hassles?
The Visa Geeza
Yes, this should be no problem. Please see: http://www.hongkongvisageeza.com/i-have-been-made-redundant-but-my-wife-is-working-can-we-swap-our-hong-kong-employment-and-spouse-visas-around-so-i-can-become-her-dependant-in-hong-kong/
The Visa Geeza recently posted..Can I Still Sponsor a Hong Kong Dependant Visa for My New Wife If I Hold an Employment Visa But Am Presently Between Jobs?
Win
Hi,
Mine work permit will be expired by Feb 2015, while my 7 years will be Feb 2014. However, if I lose my job by Feb 2013, I assume that I can reside HK until the end of visa valid. But if this period of losing a job (from 2013-2014) I seldom in HK, but travelling into every month.
This can count me as 7 years qualified for PR application?
Thank you
The Visa Geeza
Hi – Yes, you can continue to ‘live’ in HK until February 2014.
However if you stop working for your sponsoring employer 12 months prior, then effectively demonstrate that you are no longer ‘settled in Hong Kong’ (through the pattern of your life coming and going and not seeking to secure alternate employment for the remaining 12 months of the validity of your current limit of stay), ImmD may well conclude that you have not continued to be ‘ordinarily resident’ in Hong Kong for the last 12 months immediately prior to submitting your PHKID application – and you could, inadvertently, break your continuity of residence.
A lot will turn on the quality of your documentation, whether you maintain a full time residence in Hong Kong, the total amount of time you spend outside of Hong Kong in the last 12 months, the reason why you decided not to pursue alternate employment / business in the wake of you ceasing to work here and the overall story of the last 12 months.
You also need to be aware that you need to have a valid resident visa at the time you submit your PHKID application and also at the time your PHKID application is approved. There are several weeks between the 2 events. So if your current limit of stay expires on or about exactly the 7 year mark, you may find yourself ineligible to finalize your PHKID application if you have not secured another job and changed your sponsor or applied for, and received, another type of residence visa to get you ‘over the hump.
Thanks for your question!
The Visa Geeza recently posted..Will I Still Qualify for the Right of Abode if I Worked Temporarily in Macau Yet Lived in Hong Kong for the Full 7 Years?
Win
Hi :
I have been working for HK company for 6 years until now, however, I have stationed in China mainland, but I pay the HK tax for all over 6 years (also the MPF). Is it the problem for counting as reside in HK when PHKID application? My friend told me it is not since the HK company is my sponcer employer, is it true?
Your reply will be highly appreciated.
Thanks.
Win
The Visa Geeza
Hi – it’s a very real problem. Simply accruing your employment to a Hong Kong entity, paying tax here and holding back-to-back residence visas is not sufficient. You need to show that you are ‘settled’ in Hong Kong. This usually means a full time residence, if you have a family, your wife and children live / go to school here and absences from Hong Kong need to be of a temporary nature. If you are effectively full time based in China, ImmD may very well consider that you are settled there, not in the HKSAR. You may find this post useful: http://www.hongkongvisageeza.com/what-can-be-said-to-constitute-ordinary-residence-for-the-purposes-of-a-hong-kong-right-of-abode-application/
The Visa Geeza recently posted..It Took Me Almost 12 Months to Settle in Hong Kong After My QMAS Approval – When Does the 7 Year Clock Start Ticking for the Right of Abode?
Win
Hi Visa Geeza :
How about the last 12 months (to 7 years), I am settling down in HK? Can it helps that I am moving back from China Mainland to really settle down in HKSAR? Can I ask my company to indicate that company needs me in China Mainland for the business cases?
If all above cannot help, all my pass 6 years is nothing for PHKID?
Thanks and regards,
Win
The Visa Geeza
You need to show settlement in HK for the entire 7 years, not just the last one or 2. No single factor is definitive (you;re letter from your employer will certainly help), but you’d have to argue that your first 5 years were genuinely ‘temporary absences’. However, the maxim goes…. “if it waddles, swims and quacks like a duck – it is more than likely a duck…” ImmD are familiar with this situation so you should at least try.
The Visa Geeza recently posted..DATE FOR YOUR DIARY: How to Apply for a Hong Kong Investment Visa Without Any Professional Help – Public Talk by Stephen Barnes on January 17, 2013
Win
Hi Visa Geeza :
So it seems I have no choice, and no PR chance then. Then I should move back to my homeland, and apply a new job rather than waste of my time in HK 🙁
Thank you so much for your kind help always.
The Visa Geeza
You’re welcome – sorry I can’t be more positive for you. Thanks for contributing to the Blog. All the best. Stephen
The Visa Geeza recently posted..Statistically, What Are the Chances of Your Hong Kong Investment Visa Application Being Approved?