Consequences for HK-visa by unemployment

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  1. #1

    Consequences for HK-visa by unemployment

    Now I have still a working visa but my contract will be terminated in a few months (With this visa I am only allowed to work by my current employer) I want to stay longer in HK and I consider to establish own company.
    - What kind of visa is issued in that case?

    If I will stay in HK on tourist visa (90days) and dont establish a own company and try to get another job.
    - Will it affect the contract with my helper if my jobcontract is terminated? (I can proof that there’s enough money for daily life and to pay her salary.)

    Another plan is to work somewhere else and let my helper stay in my apartment for taking care as long as the rental contract will expire. My current employer needs to inform immigration and/or tax department when I will leave HK to pay the final tax.

    - Will I or she get problems with the immigration by (re-)enter or leaving HK?
    - Is there any check if I have other running contacts/businesses/other issues by HK government when employer notified them or for her if they notice that employer is not HK resident anymore?

    Thanks for any advice or PM me if you need more info.


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    You are allowed to continue to reside until the expiry date on your visa, but, as you state, you cannot take any other employment (even self-employment) without changing your visa sponsor. There is no problem continuing to employ a helper for as long as your visa is valid. You won't get any issues from ImmD leaving or re-entering as long as your visa is valid (unless IRD puts a stop on you for non-payment of tax). Your employer is required to inform both ImmD and IRD that you have ceased working for them, and, if they believe that you may move away from Hong Kong, the employer is required to withhold your last paycheque until they have confirmation from IRD that you have cleared your tax obligations.

    You can establish a company without restriction. What requires a visa is for you to be employed by it. To be employed by your own company you would need one of:

    - Investment Visa (need to produce a credible business plan showing how your company will add value to the local economy, essentially by employing local residents)
    - Employment Visa sponsored by your company (not generally possible for shell companies that only employ you; easier if you employ locals)
    - QMAS (enables you to work freely for anyone, but takes 6-9 months of processing - do a search on these forums for actual stories)
    - CIES (if you have HK$10M to invest in HK assets, not including property)

    Details of all these visa types here: The Government of the Hong Kong Special Administrative Region - Immigration Department

    Last edited by PDLM; 09-04-2011 at 01:20 PM.