Working Visa & Dismissal

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  1. #1

    Join Date
    Apr 2010
    Location
    The Pun / Hong Kong
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    101

    Working Visa & Dismissal

    I'm currently 8 months into my second 2 year working visa which was sponsored by my company. The company has just made me redundant and I have the option to go on 3 months garden leave where I get paid every month as normal or get paid in liu of notice at the end of the month.

    Can I ask if anyone knows if I will face issues about my visa and status, if I take the payment in liu and then take some time out to look for another job? As I understood it my visa is still good and I simply apply for a switch once I have found another company to work for, which will be fairly soon I guess, but I wanted to check as my work are unsure.

    Any advice would be gratefully received.


  2. #2

    Join Date
    Jun 2004
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    HK
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    14,624

    My understanding is that your visa is valid until the end of its validity (ie not linked to the fact that you were made redundant)

    The new employer should however sponsor you again once they decide to employ you (ie you cannot work with this visa for another employer).


  3. #3

    Join Date
    Oct 2007
    Posts
    1,259

    what mat said. the visa is valid until it runs out. once new job is found, visa needs to be switched to new employer. I did this several months ago. I thought I would need an all new visa, but I kept same visa and just had sponsorship transferred to new employer.


  4. #4

    Join Date
    Feb 2011
    Location
    Hong Kong
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    6,317

    @Makkun70,

    Your visa and your right to live in Hong Kong remain until the expiry of your visa. However, you can not legally work for another employer until your apply for a chance of sponsorship through the immigration department.

    The question of whether or not to take the payment now or over 3 months is your decision. People may have different reasons, tax reasons or for resume, etc. However, you need to officially separate before you can apply for a visa for another company.

    To apply for a change of sponsor, you must do the following:

    1) Receive a new signed contract of new position, start date upon approval of visa, and make it a permanent contract, i.e. no dates. If you have a 1 year contract and 15-16 months left on your visa, I think it could cause an issue, but I don't know.

    2) Have new employer fill out the form, ID990B, it's on the immigration website. If your new employer has not sponsored someone before, then they need to include a bunch of documents, but if you do it right, it's easy.

    3) You fill out the request for extension form, ID91, it's on the immigration website.

    4) Get a copy of a separation letter from your previous employer. Even though your employer will fax a form to immigration noting the separation, you must get a copy from your employer, and include it with your application, or it will be delayed.

    5) Make a copy of your HK ID card, or pay $2 for copy at immigration office, and delay your queue place.

    5) Take all of the forms to immigration in Wan Chai, 5th floor, once you go up the escalator, go to the 3 sets of windows with the queue to get a ticket, then wait 1-2 hours max, and be nice to the immigration guy, he will collect your paperwork and say here is your reference number, we will mail a letter to you. Yet, they never mail a letter, they will fax a letter to your new employer (make sure the number is on the form) and it says that it is approved and gives the expiry date of your visa, which is the same. There is no need to pick up a new visa or make a second trip. When I did mine, it took 2 days. So, yes they say 4-6 weeks, but I think 1-2 weeks is more logical. 1 week if you do it right, 2 weeks if you miss forms.

    When you apply for your next extension, you must do it in person and are not eligible for online extension.

    Good luck!


  5. #5

    Join Date
    Apr 2010
    Location
    The Pun / Hong Kong
    Posts
    101

    Thanks everyone, helpful and reassuring, much appreciated to you all..