My girlfriend has a visa problem...

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  1. #21

    The company is not required to inform the immigration. This is different from the case of domestic helpers, where employers are bound to inform the immigration dept of termination of their employment.

    In the case of your girlfriend, she is allowed to stay here till the end of the visa expiry and can leave and re-enter Hong Kong freely till that date. After that she will be able to enter as a visitor only.

    If she were currently under the employment of the company, at the time of expiry they would send in a letter requesting an extension of stay thus allowing her a renewed visa.

    The company will most likely not send any letter to immigration but even if they do, your girlfriend by law can stay till the expiry of her visa shown on the passport and the immigration will honour that.

    If she obtains employment elsewhere, she should get them to send a supporting sponsorship letter and renew her visa at any given time before the expiry of her present visa. It is easier to do it when she is in Hong Kong itself rather than from overseas as that takes a lot of time via the Chinese Embassy etc.

    Alternatively you could marry her and she could get a dependant visa on her passport.


  2. #22

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    Quote Originally Posted by prismhkg:
    The company is not required to inform the immigration. This is different from the case of domestic helpers, where employers are bound to inform the immigration dept of termination of their employment.
    This is incorrect. On the form the authorised representative of the employing company is required to sign, to support an employment visa application, there are several statements, one of which is:

    "I undertake to inform the Director of Immigration of any changes or cessation in the applicant's employment in Hong Kong."

    Another clause is:

    "I undertake to assume responsibility for the applicant's repatriation to (place of domicile) if at the expiry of limit of stay granted by the Director of Immigration, the applicant fails to leave Hong Kong."

  3. #23

    Join Date
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    Quote Originally Posted by prismhkg:
    The company is not required to inform the immigration.
    WRONG. (As noted by Fiona in HKG)
    Quote Originally Posted by prismhkg:
    If she were currently under the employment of the company, at the time of expiry they would send in a letter requesting an extension of stay thus allowing her a renewed visa.
    WRONG. (The responsibility to apply for the extension rests with the Visa holder, not the Employer (who is simply the sponsor of the visa holder's application.)
    Quote Originally Posted by prismhkg:
    If she obtains employment elsewhere, she should get them to send a supporting sponsorship letter and renew her visa at any given time before the expiry of her present visa.
    WRONG. The visa holder must apply for a transfer of sponsorship and wait for ImmD to grant it BEFORE commencing work with the new employer. To do so before the transfer is granted is a breach of condition of stay.

    Not a very helpful first post all in all.

  4. #24
    Quote Originally Posted by JaredHK:
    @OP
    If you are serious about this GF of yours why don't you marry her. Problem Solved
    Yep. HK surely gives many relationships the ultimate test. Dependant visa is the way to go if you are serious about the gal. Marry her and stay happily ever after, or live in visa limbo forever, or call it a day with the relationship. Immigration makes it pretty black/white.

  5. #25

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    Quote Originally Posted by Char Siu King:
    Marry her and stay happily ever after,
    You sure about that?

  6. #26
    Quote Originally Posted by jimbo:
    You sure about that?
    Yep. Certain. And enjoy the sight of wonderful dancing bears on top of the rainbow which leads to a pot of gold. It'll be like a fairytale.