If I submit a 'leaving HK form' to immigration, will it affect my current status?

Closed Thread
  1. #1

    Join Date
    May 2008
    Posts
    120

    If I submit a 'leaving HK form' to immigration, will it affect my current status?

    As in, I left my job before my visa expired, and as I understand it, I can stay until it ends, or if I find a new job within six weeks, the sponsorship will transfer, but over six weeks, I'd have to reapply.

    I know I have to make sure I have paid all my tax before receiving my last pay cheque, but the form indicates I'm leaving HK, and I was wondering if that would affect my current visa status?

    So is that form just routine, or should I make sure my sponsorship gets transferred, rather than just filling it out?

    Thanks for any help, but please only answer if you know something, rather than idle guesswork.


  2. #2

    Join Date
    Mar 2012
    Posts
    4,821

    The form does not affect your visa status. You only have to clear your tax if your old employer says that they believe you are planning to leave HK when they submit the form to IRD saying that you are leaving their employment. However, unless they know for sure that you aren't then they will normally say this to cover their backs.

    The six week thing is just wrong. You have to apply for "transfer" of sponsorship to your new employer, and you must wait for it to be granted by immigration before you start working for that new employer. The process is actually just the same as when you applied for your first visa, but of course you don't need to resubmit all your own supporting documents since they already got those. Your new employer will need to provide the same level of justification for why they can't find a HK Permanent Resident to do the job.

    Last edited by Gruntfuttock; 05-09-2013 at 08:34 PM.

  3. #3

    Join Date
    May 2008
    Posts
    120

    Oh okay, sorry I don't know why I thought the six week thing was true.

    So I should just fill in the form stating I'm leaving HK? Um, does it matter if it's already passed the 'expected departure date'?


  4. #4

    Join Date
    Mar 2012
    Posts
    4,821

    Which form is this? I'm not aware of any form that the employee has to complete, I'm only aware of the one that the employer has to send to IRD (IR56F).


  5. #5

    Join Date
    May 2008
    Posts
    120

    IR56G

    They said I needed to complete it to get a 'letter of release'.


  6. #6

    Join Date
    Mar 2012
    Posts
    4,821

    OK, IR56F is what your employer fills in in they do not believe you are about to leave HK (I've seen one of those and it's available online), IR56G is what the employer fills out and submits to IRD if they believe you are about to leave. It's for them, not you to complete.

    But yes it needs to be completed and sent to IRD (it can be done online if your employer has an eTax account set up: http://www.ird.gov.hk/eng/demo/erfil...m/step3_02.htm ) and you then need to clear your tax liabilities before IRD will issue a "letter of release" which will then allow your employer to pay your last paycheque.

    See the links on this page for more details: http://www.ird.gov.hk/eng/tax/ind_twl.htm

    Alternatively, persuade your employer that you're not leaving HK and get them to fill in IR56F instead. They don't then need to withhold your paycheque.

    Do you have the new job offer lined up? I guess you haven't started the process of applying for the visa "transfer"?

    Last edited by Gruntfuttock; 05-09-2013 at 09:21 PM.

  7. #7

    Join Date
    May 2008
    Posts
    120

    No, I don't have one lined up.

    Oh I see, I think I had this all wrong; I think the form I have is the duplicate. Argh, okay, I think I get it now.

    "Withhold all payment of money or money’s worth to the employee for a period of one month from the date on which the IR56G was given, or until receipt of the Letter of Release [IR607] issued by the
    Department, whichever is earlier"

    Okay, does this mean they'll release the money after a month anyway?

    I haven't done any of those things it says I was supposed to do. Like I didn't earn enough to owe them any tax, but I haven't submitted a return; if I go in can I still get a letter of release?


  8. #8

    Join Date
    Mar 2012
    Posts
    4,821
    Quote Originally Posted by Spambot:

    I haven't done any of those things it says I was supposed to do. Like I didn't earn enough to owe them any tax, but I haven't submitted a return; if I go in can I still get a letter of release?
    I would expect it to be very quick if you go in with the IR56G copy. They might ask you to fill in a tax return on the spot, but that will take about 2 minutes, and I guess you'd get the release letter pretty much straight away if your total salaries paid is less than $120k in either this tax year or last.

  9. #9

    Join Date
    May 2008
    Posts
    120

    ah okay

    thank for your help, excuse my ignorance