How do you live with the uncertainty?

[jenifa]

Hi all,

My husband and I will be moving to HK in November (visa's permitting) and I'm really looking forward to it. But I'm a bit anxious about the reality of living on a working/dependant visa.

As I understand it, should hubby's company fold/downsize/relocate outside HK/sack him - this would instantly(?) invalidate his working visa -> he would have no salary coming in -> he would not be able to apply for other jobs -> he would not be able to afford rent -> we would have to leave HK. And all in a very short period of time.

And this would continue till we'd been in HK for 7 years and would be eligible for permanent residency.

This is quite a major question mark to have hanging over your heads all the time, and I wondered how other people cope with it?

Also - would his working visa become invalid the moment he loses his job, or is there a grace period?

If I was working (as a dependant) - could I continue to be 'his dependent' and continue working whilst is unemployed, or would my dependent visa be invalid if his working visa is invalid?

If I wasn't working when he lost his job, could I apply for work if he was unemployed (again as his dependent)?

If he lost his job, would he be allowed to apply for new jobs in HK?

(We're moving to HK because we want to live there and he has arranged to transfer to a company there - *not* because he is being transferred there by his company. The job he is moving to is indefinite, not contract).

Any thoughts,advice appreciated,

Jen

[larac]

I don't know the answers to all your Visa questions but would definately get a watertight termination clause in your husbands contract covering complete costs of repatriation and termination of all agreements in HK ie: all moving costs plus paying out all your agreements like lease, tv etc.
In hindsight we didn't make ours comprehensive enough and when 5 people were fired in our first 3 months here we started to worry - a year on things are fine but I would still be happier knowing more than our flights home were being covered.

[KnowItAll]

As larac said .. get a decent termination clause and have a third party you trust, review it. The contract should be signed by his Hong Kong employers.

3 months+ salary and repatriation along with belongings, rental and other deposits and contracts should become the company's problem. More, if you're moving with kids and they have to maintain school terms etc.

While the company might not agree, you should bargain hard on this issue.

[Katanga]

also...be a bit more positive and don't just think of all the downsides.

The experience is irreplaceable.

Of course, try and make it as tight as possible that you get repatriated etc.

Whilst not knowing the immigration policies I am sure there will be a grace period to find another job and get the visa sponsored.

good luck !

[PDLM]

Immigration seem quite relaxed about this; they particularly recognise that in senior positions it can take time to find a new role. I have a good friend who was unemployed for several months in this situation. His wife continued to work on her dependent visa. After a while I think they decided to switch things round and his wife changed status from Dependent to Employed and he became the dependent. Obviously that depends on the wife having a job which ImmD would approve for an Employment Visa - in the case I know it was an ESF teaching job so no problem.

[jenifa]

Thanks all for the tips and advice. We'll definitely check what is in the contract about terminations, and it's good to know I could continue to work if he is made unemployed. (though there go my dreams of being a lady who lunches... )

[Expatriate]

First of all. You might not be allowed to look for another job in HK, when you don't have a job.

But you could look for a job while you still have that other one. Who is going to tell when you started looking?

However, if you deviate from the rule, you need to explain the reasons in written form to the immigration department and then they have the power to accept that explanation or not.

I'm here for more than 10 years without permanent visa, because I didn't stay here continuously for 7 years. So, if your hubby goes for a year to Shenzhen or Vietnam, those 6 years you stayed here are gone as well.