Questions on HK work visa and switching jobs

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  1. #1

    Join Date
    Dec 2010

    Questions on HK work visa and switching jobs

    Hi everyone. May you please kindly advise me on the following case? Thank you very much!

    My friend from Singapore has been granted for a work visa which is valid until 2012. However, he quit his job as a consultant just after 1 week he worked for the HR consultation company. He has 15 years of experience in telesales on bank products but was new to HR related job, that's why he can't get used to the HR job and choose to quit.

    Now, he has got another offer from a local bank, as a usual telesales (he has 10 years of experience). Of course, his paid will be lower than the HR company (HR: $14000 + incentive vs bank: $7000 + $7000 commission based on quota attained)

    1. Does my friend just need to fill in the form ID91, which is switching the sponsor and providing the new offer letter?

    2. How do you think on the chance of getting approved to swtich? Despite he is switching back to his specialized field, the salary offered is lower.

    3. If the application of switch is declined, does that means his visa is no longer valid? or he just can't switch to the new job but he can still keep on finding another job (and how about the possibility of getting approved?)

    Thanks a lot!

  2. #2

    Join Date
    Aug 2010

    1. For change of sponsor your friend needs to do ID990A and the employing company needs to fill out ID990B. Your friend can fill in the boxes on ID990A to indicate that he is currently staying in HK on an employment visa.

    Keep in mind that the new company still needs to justify why they need to hire an expat (also guarantee they will repatriate him if necessary) so the offer letter wouldn't be quite enough.

    2. The salary is a bit low for an employment visa. He might run into some trouble. You can see the thread about salaries for employment visa holders to get an idea of the normal range.

    3. If it's declined they will probably let him stay until the current visa expires, so he can keep looking for jobs.

  3. #3

    Join Date
    Jun 2005
    Hong Kong

    yc9's advice is good. The ImmD site says:

    Change of Employment

    28. Persons who have been admitted under the GEP may apply for change of employment provided that he/she continues to fulfil the eligibility criteria under the GEP and is employed in a job relevant to his/her qualification and expertise.
    The Eligibility criteria are (emphasis mine)
    Eligibility Criteria

    20. Applicants who are not non-local graduates but possess special skills, knowledge or experience of value to and not readily available in the HKSAR may apply to come to work under the GEP.

    21. An application for a visa/ entry permit to take up employment under the GEP may be favourably considered if:

    1. there is no security objection and no known record of serious crime in respect of the applicant;
    2. the applicant has a good education background, normally a first degree in the relevant field, but in special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be accepted;
    3. there is a genuine job vacancy;
    4. the applicant has a confirmed offer of employment and is employed in a job relevant to his academic qualifications or working experience that cannot be readily taken up by the local work force; and
    5. the remuneration package including income, accommodation, medical and other fringe benefits is broadly commensurate with the prevailing market level for professionals in the HKSAR.
    Frankly I'm quite surprised that he got an employment visa at all for what at $14,000 must be a fairly low level job. At $7,000 + commission I'm not sure that ImmD will agree that a local person could not readily be found to fill the post, or that the job is of significant value to the local community. What language is he selling in?

  4. #4

    Join Date
    Dec 2010

    Thank you very much!
    Posted via Mobile Device